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Published on 8/28/2007 in the Prospect News Special Situations Daily.

Trian, Triarc enter confidentiality agreement with Wendy's

By Lisa Kerner

Charlotte, N.C., Aug. 28 - Trian Fund Management, LP and Triarc Cos., Inc. entered into a confidentiality agreement with Wendy's International Inc. that restricts the investors' ability to acquire additional shares of the company before Dec. 1 while allowing them access to proprietary information.

Notice of the confidentiality agreement was included as part of a schedule 13D filing with the Securities and Exchange Commission.

Trian currently has a 9.8% stake in the Dublin, Ohio-based quick service restaurant chain.

It was reported in a previous SEC filing that Trian chief executive officer Nelson Peltz said his company would be prepared to offer consideration in the range of $37 to $41 per share to Wendy's shareholders. Wendy's announced in June that it was considering a sale of the company.


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