Wendy's 2011 Annual Report Download - page 148

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EXHIBIT
NO. DESCRIPTION
10.37 Security Agreement, dated as of May 24, 2010, among Wendy’s/Arby’s Restaurants, LLC, the
guarantors from time to time party thereto, as pledgors, and Bank of America, N.A., as administrative
agent, incorporated herein by reference to Exhibit 10.2 to Wendy’s/Arby’s Group’s Current Report on
Form 8-K filed on May 25, 2010 (SEC file no. 001-02207).
10.38 Assignment of Rights Agreement between Wendy’s International, Inc. and Mr. R. David Thomas,
incorporated herein by reference to Exhibit 10(c) of the Wendy’s International, Inc. Form 10-K for the
year ended December 31, 2000 (SEC file no. 001-08116).
10.39 Form of Guaranty Agreement dated as of March 23, 1999 among National Propane Corporation,
Triarc Companies, Inc. and Nelson Peltz and Peter W. May, incorporated herein by reference to Exhibit
10.30 to Triarc’s Annual Report on Form 10-K for the fiscal year ended January 3, 1999 (SEC file no.
001-02207). (The Wendy’s Company only.)
10.40 Indemnity Agreement, dated as of October 25, 2000 between Cadbury Schweppes plc and Triarc
Companies, Inc., incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report on Form
8-K filed on November 8, 2000 (SEC file no. 001-02207). (The Wendy’s Company only.)
10.41 Amended and Restated Investment Management Agreement, dated as of April 30, 2007, between
TCMG-MA, LLC and Trian Fund Management, L.P., incorporated herein by reference to Exhibit 10.2
to Triarc’s Current Report on Form 8-K filed on April 30, 2007 (SEC file no. 001-02207). (The
Wendy’s Company only.)
10.42 Withdrawal Agreement dated June 10, 2009 between TCMG-MA, LLC and Trian Fund Management,
L.P., incorporated herein by reference to Exhibit 10.3 to Wendy’s/Arby’s Group’s Current Report on
Form 8-K filed on June 11, 2009 (SEC file no. 001-02207). (The Wendy’s Company only.)
10.43 Separation Agreement, dated as of April 30, 2007, between Triarc Companies, Inc. and Nelson Peltz,
incorporated herein by reference to Exhibit 10.3 to Triarc’s Current Report on Form 8-K filed on
April 30, 2007 (SEC file no. 001-02207).**
10.44 Letter Agreement dated as of December 28, 2007, between Triarc Companies, Inc. and Nelson Peltz.,
incorporated herein by reference to Exhibit 10.2 to Triarc’s Current Report on Form 8-K filed on
January 4, 2008 (SEC file no. 001-02207).**
10.45 Separation Agreement, dated as of April 30, 2007, between Triarc Companies, Inc. and Peter W. May,
incorporated herein by reference to Exhibit 10.4 to Triarc’s Current Report on Form 8-K filed on
April 30, 2007 (SEC file no. 001-02207).**
10.46 Letter Agreement dated as of December 28, 2007, between Triarc Companies, Inc. and Peter W. May,
incorporated herein by reference to Exhibit 10.3 to Triarc’s Current Report on Form 8-K filed on
January 4, 2008 (SEC file no. 001-02207).**
10.47 Agreement dated June 10, 2009 between Wendy’s/Arby’s Group, Inc. and Trian Fund Management,
L.P., incorporated herein by reference to Exhibit 10.1 to Wendy’s/Arby’s Group’s Current Report on
Form 8-K filed on June 11, 2009 (SEC file no. 001-02207). (The Wendy’s Company only.)
10.48 Liquidation Services Agreement dated June 10, 2009 between Wendy’s/Arby’s Group, Inc. and Trian
Fund Management, L.P., incorporated herein by reference to Exhibit 10.2 to Wendy’s/Arby’s Group’s
Current Report on Form 8-K filed on June 11, 2009 (SEC file no. 001-02207). (The Wendy’s
Company only.)
10.49 Letter from Trian Fund Management, L.P. (“Trian Partners”) dated as of March 31, 2011 regarding the
Agreement and the Liquidation Services Agreement each dated as of June 10, 2009 between Wendy’s/
Arby’s Group, Inc. and Trian Partners, incorporated herein by reference to Exhibit 10.2 of the
Wendy’s/Arby’s Group, Inc. Form 10-Q for the quarter ended April 3, 2011 (SEC file no. 001-02207).
(The Wendy’s Company only.)
144