Wendy's 2008 Annual Report Download - page 187

Exhibit
No. Description
10.35—Form of Aircraft Time Sharing Agreement between Triarc Companies, Inc., 280 Holdings, LLC and
each of Trian Fund Management, L.P., Nelson Peltz, Peter W. May and Edward P. Garden,
incorporated herein by reference to Exhibit 10.56 to Triarc’s Current Report on Form 8-K dated
August 10, 2007 (SEC file no. 001-02207).
10.36—Registration Rights Agreement dated as of April 23, 1993, between DWG Corporation and DWG
Acquisition Group, L.P.*
10.37—Letter Agreement dated August 6, 2007, between Triarc Companies, Inc. and Trian Fund
Management, L.P., incorporated herein by reference to Exhibit 10.7 to Triarc’s Current Report on
Form 8-K dated August 10, 2007 (SEC file No. 001-02207).
10.38—Series A Note Purchase Agreement, dated as of December 21, 2007, by and among DFR Merger
Company, LLC, Deerfield & Company LLC, Deerfield Triarc Capital Corp., Triarc Deerfield Holdings,
LLC (as administrative holder and collateral agent) and the purchasers signatory thereto, incorporated
herein by reference to Exhibit 10.1 to Triarc’s Current Report on Form 8-K dated December 27, 2007
(SEC file no. 001-02207).
10.39—Collateral Agency and Intercreditor Agreement, dated as of December 21, 2007, by and among Triarc
Deerfield Holdings, LLC, Jonathan W. Trutter, Paula Horn and the John K. Brinckerhoff and Laura
R. Brinckerhoff Revocable Trust, as holders of the Series A Notes referenced therein, Sachs Capital
Management LLC, Spensyd Asset Management LLLP and Scott A. Roberts, as holders of the Series B
Notes referenced therein, Triarc Deerfield Holdings, LLC, as collateral agent, Deerfield & Company
LLC and Deerfield Triarc Capital Corp., incorporated herein by reference to Exhibit 10.2 to Triarc’s
Current Report on Form 8-K dated December 27, 2007 (SEC file no. 001-02207).
10.40—Agreement dated November 5, 2008 by and between Wendy’s/Arby’s Group, Inc. and Trian Partners,
L.P., Trian Partners Master Fund, L.P., Trian Partners Parallel Fund I, L.P., Trian Partners Parallel
Fund II, L.P., Trian Fund Management, L.P., Nelson Peltz, Peter W. May and Edward P. Garden,
incorporated by reference to Exhibit 10.1 to Wendy’s/Arby’s Group’s Current Report on Form 8-K
filed on November 12, 2008 (SEC file no. 001-02207).
10.41—Consulting and Employment Agreement dated July 25, 2008 between Triarc Companies, Inc. and
J. David Karam, incorporated by reference to Exhibit 99.1 to Triarc’s Current Report on Form 8-K
dated July 25, 2008 (SEC file no. 001-02207).**
10.42—Amended and Restated Letter Agreement dated as of December 18, 2008 between Thomas A. Garrett
and Arby’s Restaurant Group, Inc., incorporated by reference to Exhibit 99.1 to Wendy’s/Arby’s
Group’s Current Report on Form 8-K filed on December 22, 2008 (SEC file no. 001-02207).**
10.43—Amended and Restated Letter Agreement dated as of December 18, 2008 between Sharron Barton and
Wendy’s/Arby’s Group, Inc., incorporated by reference to Exhibit 99.2 to Wendy’s/Arby’s Group’s
Current Report on Form 8-K filed on December 22, 2008 (SEC file no. 001-02207).**
10.44—Amended and Restated Letter Agreement dated as of December 18, 2008 between Nils H. Okeson
and Wendy’s/Arby’s Group, Inc., incorporated by reference to Exhibit 99.3 to Wendy’s/Arby’s Group’s
Current Report on Form 8-K filed on December 22, 2008 (SEC file no. 001-02207).**
10.45—Amended and Restated Letter Agreement dated as of December 18, 2008 between Stephen E. Hare
and Wendy’s/Arby’s Group, Inc., incorporated by reference to Exhibit 99.4 to Wendy’s/Arby’s Group’s
Current Report on Form 8-K filed on December 22, 2008 (SEC file no. 001-02207).**
10.46—Amended and Restated Letter Agreement dated as of December 18, 2008 between Roland C. Smith
and Wendy’s/Arby’s Group, Inc., incorporated by reference to Exhibit 99.5 to Wendy’s/Arby’s Group’s
Current Report on Form 8-K filed on December 22, 2008 (SEC file no. 001-02207).**
10.47—Form of Indemnification Agreement, between Wendy’s/Arby’s Group, Inc. and certain officers,
directors, and employees thereof.* **
10.48—Form of Indemnification Agreement between Arby’s Restaurant Group, Inc. and certain directors,
officers and employees thereof, incorporated by reference to Exhibit 10.40 to Triarc’s Annual Report
on Form 10-K for the fiscal year ended December 30, 2007 (SEC file no. 001-02207).**
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