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safe harbor statement

Safe Harbor Statement
Under The Private Securities Litigation Reform Act Of 1995

The Private Securities Litigation Reform Act of 1995 (the "Reform Act") provides a "safe harbor" for forward-looking statements to encourage companies to provide prospective information, as long as those statements are identified as forward-looking and are accompanied by cautionary statements identifying important factors that could cause actual results to differ materially from those discussed in the forward-looking statements. Triarc Companies, Inc. desires to take advantage of the safe harbor provisions of the Reform Act.

This website contains or incorporates by reference certain statements that are not historical facts, including, most importantly, information concerning possible or assumed future results of operations of Triarc Companies, Inc. and its subsidiaries (collectively, "Triarc" or the "Company"). Those statements, as well as statements preceded by, followed by, or that include the words "may," "believes," "plans," "expects," "anticipates," or the negation thereof, or similar expressions, constitute "forward-looking statements" within the meaning of the Reform Act. All statements that address operating performance, events or developments that are expected or anticipated to occur in the future, including statements relating to revenue growth, earnings per share growth or statements expressing general optimism about future operating results, are forward-looking statements within the meaning of the Reform Act. These forward-looking statements are based on the Company's current expectations, speak only as of the date thereof and are susceptible to a number of risks, uncertainties and other factors. The Company's actual results, performance and achievements may differ materially from any future results, performance or achievements expressed or implied by such forward-looking statements. For those statements, the Company claims the protection of the safe harbor for forward-looking statements contained in the Reform Act. Many important factors could affect the Company's future results and could cause those results to differ materially from those expressed in the forward-looking statements contained herein. Such factors include, but are not limited to, the following:

  • competition, including pricing pressures and the potential impact of competitors' new units on sales by Arby's® restaurants;
  • consumers' perceptions of the relative quality, variety, affordability and value of the food products the Company offers;
  • success of operating initiatives;
  • development costs, including real estate and construction costs;
  • advertising and promotional efforts by the Company and its competitors;
  • consumer awareness of the Arby's brand;
  • the existence or absence of positive or adverse publicity;
  • new product and concept development by the Company and its competitors, and market acceptance of such new product offerings and concepts;
  • changes in consumer tastes and preferences, including changes resulting from concerns over nutritional or safety aspects of beef, poultry, french fries or other foods or the effects of food-borne illnesses such as "mad cow disease" and avian influenza or "bird flu";
  • changes in spending patterns and demographic trends, such as the extent to which consumers eat meals away from home;
  • adverse economic conditions, including high unemployment rates, in geographic regions that contain a high concentration of Arby's restaurants;
  • the business and financial viability of key franchisees;
  • the timely payment of franchisee obligations due to the Company;
  • availability, location and lease terms of sites for restaurant development by the Company and its franchisees;
  • the ability of the Company's franchisees to open new restaurants in accordance with their development commitments, including the ability of franchisees to finance restaurant development;
  • delays in opening new restaurants or completing remodels of existing restaurants;
  • the timing and impact of acquisitions and dispositions of restaurants;
  • the Company's ability to successfully integrate acquired restaurant operations;
  • anticipated or unanticipated restaurant closures by the Company and its franchisees;
  • the Company's ability to identify, attract and retain potential franchisees with sufficient experience and financial resources to develop and operate Arby's restaurants successfully;
  • changes in business strategy or development plans, and the willingness of the Company's franchisees to participate in the Company's strategies and operating initiatives;
  • business abilities and judgment of the Company's and its franchisees' management and other personnel;
  • availability of qualified restaurant personnel to the Company and to its franchisees, and the ability to retain such personnel;
  • the Company's ability, if necessary, to secure alternative distribution of supplies of food, equipment and other products to Arby's restaurants at competitive rates and in adequate amounts, and the potential financial impact of any interruptions in such distribution;
  • changes in commodity (including beef and chicken), labor, supply, distribution and other operating costs;
  • availability and cost of insurance;
  • adverse weather conditions;
  • availability, terms (including changes in interest rates) and effective deployment of capital;
  • changes in legal or self-regulatory requirements, including franchising laws, accounting standards, environmental laws, payment card industry rules, overtime rules, minimum wage rates, government-mandated health benefits and taxation rates;
  • the costs, uncertainties and other effects of legal, environmental and administrative proceedings;
  • the impact of general economic conditions on consumer spending, including a slower consumer economy and the effects of war or terrorist activities;
  • the impact of the Company's continuing investment in Deerfield Capital Corp. following the Company's corporate restructuring; and
  • other risks and uncertainties affecting the Company and its subsidiaries referred to in the Company's most recent Annual Report on Form 10-K and in its other current and periodic filings with the Securities and Exchange Commission.

All future written and oral forward-looking statements attributable to the Company or any person acting on its behalf are expressly qualified in their entirety by the cautionary statements contained or referred to above. New risks and uncertainties arise from time to time, and it is impossible for the Company to predict these events or how they may affect the Company. We assume no obligation to update any forward-looking statements as a result of new information, future events or developments, except as required by federal securities laws. In addition, it is our policy generally not to make any specific projections as to future earnings, and we do not endorse any projections regarding future performance that may be made by third parties.

Terms of Use

The following are terms of a legal agreement between you and Triarc Companies, Inc. ("Triarc"). By accessing, browsing and/or using this web site, you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.

This web site contains many of the valuable trademarks and service marks owned and used by Triarc and its subsidiaries to distinguish its products and services. These trademarks, service marks and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express prior written permission of Triarc.

Triarc and the World Wide Web (or Web Site Host) are not infallible and errors (including technical inaccuracies or typographical errors) may sometimes occur. The materials on this site are provided "as is" and without representations or warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Triarc will not be liable or responsible for any damages or injuries caused by use of this web site (such as viruses, omissions or misstatements). Triarc may from time to time revise the information, services and the resources contained on this web site, but is not obligated to do so, and reserves the right to make any such changes without any obligation to notify past, current or prospective visitors. IN NO EVENT SHALL TRIARC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED ON THIS WEB SITE OR ON ANY OTHER HYPERLINKED WEB SITE, EVEN IF TRIARC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This web site may link to sites not maintained by or related to Triarc. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this web site or Triarc. Triarc has not reviewed any of the sites hyperlinked to or from this web site and is not responsible for the content of any of those sites. The links are to be accessed at the user's own risk and Triarc makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this web site. Further, Triarc does not implicitly endorse third-party sites hyperlinked to this web site.

This web site may also contain references to other company, brand or product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the web site are either the property of, or used with permission, by Triarc. Triarc may be, but is not necessarily, affiliated with any of the owners of the other company, brand or product names appearing on this web site, and makes no representations about them, their owners or their products or services.

The graphic images, buttons and text contained on this web site are the exclusive property of Triarc and, except for personal use, may not be copied, distributed, reproduced or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of Triarc. The content, arrangement and layout of this web site, including, but not limited to, the trademarks, service marks, package designs, text and content, are proprietary and are protected from copying, imitation, communication or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed or transmitted without the express prior written permission of Triarc.

Any unauthorized use of the materials, structure, sequence, arrangement or design of this web site, or trademarks, service marks or trade dress found within this web site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

By visiting this web site, you do not acquire or obtain, by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on this web site.

Triarc may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

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© 2008 Triarc Companies, Inc. | Terms of Use
Last Updated: March 11, 2008
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