Wendy's International, Inc.
 
 

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August 29, 2008

 
 
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Triarc / Wendy's
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Triarc / Wendy's Conference Call

 

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Triarc And Wendy’s Sign Definitive Merger Agreement

 

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Wendy’s International, Inc. Files Declaratory Judgment Action
Against Certain Noteholders

WENDY’S CONTACTS:
John Barker:
(614) 764-3044
john_barker@wendys.com
David Poplar
(614) 764-3547 or
david_poplar@wendys.com

DUBLIN, Ohio – October 11, 2006 – Wendy’s International, Inc. (NYSE:WEN) had previously disclosed that a lawsuit had been filed in New York by a minority of noteholders seeking to enjoin the spin-off of Tim Hortons Inc. (NYSE/TSX: THI).  Following a hearing on September 28, the U.S. District Court in New York City denied in all respects the plaintiff noteholders’ motion for a temporary restraining order and a preliminary injunction. 

Late yesterday, the Company was informed that the plaintiffs had voluntarily dismissed their lawsuit and that some (but not all) of the same noteholders that had filed the lawsuit had issued a purported notice of default asserting that the spin-off of Tim Hortons Inc. on September 29 violated the terms of one of the indentures governing Wendy’s public debt. 

Earlier today, the Company filed a declaratory judgment in the U.S. District Court in New York City seeking a ruling from the Court that no violation of the indenture has occurred.

Wendy’s continues to believe that the claims asserted by the noteholders are without merit and plans to vigorously defend its position.     

  1. Wendy’s does not intend to comment further on this matter until a decision is issued by the Court.

Safe Harbor statement
      Certain information in this news release, particularly information regarding future economic performance and finances, and plans, expectations and objectives of management, is forward looking. Factors set forth in our Safe Harbor under the Private Securities Litigation Reform Act of 1995, in addition to other possible factors not listed, could affect the Company's actual results and cause such results to differ materially from those expressed in forward-looking statements. Please review the Company’s Safe Harbor statement at http://www.wendys-invest.com/safeharbor.

Wendy’s International, Inc. overview
      Wendy's International, Inc. is one of the world's most successful restaurant operating and franchising companies, with more than 6,300 Wendy's Old Fashioned Hamburgers restaurants in North America and more than 300 international Wendy’s restaurants. More information about the Company is available at www.wendys-invest.com.

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