UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15 (d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported) November 4, 2004
TRIARC COMPANIES, INC.
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(Exact name of registrant as specified in its charter)
DELAWARE 1-2207 38-0471180
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(State or other (Commission (I.R.S. Employer
jurisdiction of File No.) Identification No.)
incorporation of
organization)
280 Park Avenue
New York, New York 10017
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (212) 451-3000
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(Former name or former address, if changed since last report)
Item 2.02. Results of Operations and Financial Condition
On November 5, 2004, Triarc Companies, Inc. (the "Company")issued a press
release announcing its results for the fiscal quarter ended September 26, 2004.
A copy of the press release is furnished as Exhibit 99.1 to this Current Report
on Form 8-K.
The information in this Current Report on Form 8-K, including the exhibits
furnished pursuant to Item 2.02, shall not be deemed "filed" for the purposes of
Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the
liabilities under that Section. Furthermore, the information in this Current
Report on Form 8-K, including the exhibits furnished pursuant to Item 2.02,
shall not be deemed to be incorporated by reference into the filings of Triarc
Companies, Inc. under the Securities Act of 1933.
Item 5.03. Amendment to Bylaws
On November 4, 2004, the Board of Directors of the Company adopted and
approved an amendment to the Company's By-Laws to change the number of committee
members constituting a quorum to transact committee business from a majority of
the committee members to at least fifty percent (50%) of the committee members.
The amendment also provides that, in addition to personal delivery and delivery
by telegraph or telephone, notices or meetings of the committee may be delivered
by any other lawful means (including electronic transmission).
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
3.1 - By-laws of Triarc Companies, Inc., as currently in effect.
99.1 - Press Release of Triarc Companies, Inc. dated November 5, 2004.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
TRIARC COMPANIES, INC.
By: /s/ Stuart I. Rosen
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Stuart I. Rosen
Senior Vice President
and Associate General Counsel
Dated: November 5, 2004
EXHIBIT INDEX
Exhibit Description
3.1 By-Laws of Triarc Companies, Inc., as currently in effect.
99.1 Press release of Triarc Companies, Inc. dated November 5, 2004.