UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549


FORM 10-K/A
(Amendment No.1
No. 1)
(MARK ONE)
(X)ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

FOR THE FISCAL YEAR ENDED DECEMBER 31, 2006.

30, 2007

OR

(  )TRANSITION) TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934

FOR THE TRANSITION PERIOD FROM _____________ TO ______________.

COMMISSION FILE NUMBER 1-2207
------------------------

TRIARC COMPANIES, INC.

(Exact Name of Registrant as Specified in its Charter)
------------------------
Delaware38-0471180
(State or other Jurisdictionjurisdiction of incorporation or organization)(I.R.S. Employer Identification No.)
Incorporation or Organization)1155 Perimeter Center West, Atlanta, GeorgiaIdentification No.)30338
280 Park Avenue
New York, New York10017
(Address of Principal Executive Offices)principal executive offices)(Zip Code)


Registrant's Telephone Number, Including Area Code: (212) 451-3000
(678) 514-4100
------------------------
Securities Registered Pursuant to Section 12(b) of the Act:


Title of Each ClassName of Each Exchange
on Which Registered

Class A Common Stock, $.10 par value

New York Stock Exchange
Class B Common Stock, Series 1, $.10 par value

New York Stock Exchange
        New York Stock Exchange

Securities Registered Pursuant to Section 12(g) of the Act:

None
None

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.ýxYes □No

oNo

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934.  □Yes ýoYesxNo

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by

Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.ýxYes □NooNo

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.x

□

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer or a non-accelerated filer.smaller reporting company. See definitiondefinitions of "accelerated"large accelerated filer,” “accelerated filer,” and large accelerated filer"“smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):

Large accelerated filerýx

Accelerated filer o□Non-accelerated filer  o□Smaller reporting company □

Indicate by check mark whether the registrant is a shell company (as defined in Exchange Act Rule 12b-2).  □Yes ýoYesxNo

The aggregate market value of the registrant’s common equity held by non-affiliates of the registrant as of June 30, 200629, 2007 was approximately $984,464,928.$1,009,949,681.  As of February 15, 2008, t2007, therehere were 28,850,67228,884,858 shares of the registrant's Class A Common Stock and 63,762,19063,885,043 shares of the registrant’s Class B Common Stock, Series 1, outstanding.


DOCUMENTS INCORPORATED BY REFERENCE


The information required by Part III of this Form 10-K, to the extent not set forth herein, is incorporated herein by reference from the registrant’s definitive proxy statement to be filed with the Securities and Exchange Commission pursuant to Regulation 14A not later than 120 days after December 31, 2006.

30, 2007.


Explanatory Note


This Amendment No. 1 to Triarc Companies, Inc.’sthe Annual Report on Form 10-K of Triarc Companies, Inc. (“Triarc” or the “Company”) for the fiscal year ended December 31, 200630, 2007 (our “2007 Annual Report”), is being filed pursuant to replace Exhibit 23.1 previouslyRule 3-09 of the Securities and Exchange Commission’s Regulation S-X to amend Part IV, Item 15, Exhibits and Financial Statement Schedules, to include the audited financial statements of Deerfield Capital Corp. (formerly Deerfield Triarc Capital Corp.) (“DFR”).  This is necessary because the Company’s investments in DFR during 2007 met certain “significance” tests under Rule 3-09.

This Amendment No. 1 does not otherwise update any information or exhibits as originally filed and does not otherwise reflect events occurring after the original filing date of the 2007 Annual Report.  Accordingly, this Amendment No. 1 should be read in conjunction with the Company’s filings with the Securities and Exchange Commission subsequent to the filing of the 2007 Annual Report, in particular the disclosures about DFR and our investments therein set forth in our Current Report on Form 8-K filed on March 1, 2007.

12, 2008.



PART IV

Item 15.Exhibits and Financial Statement Schedules.

(a) 1. Financial Statements:


(a) 1.       Financial Statements:

See Index to Financial Statements (Item 8).

2.     Financial Statement Schedules:

  Report of Independent Registered Public Accounting Firm

 
See Index to Financial Statements (see Item 8 of Triarc Companies, Inc.’s Annual Report on Form 10-K filed on March 1, 2007).
2.     Financial Statement Schedules:
Report of Independent Registered Public Accounting Firm
Schedule I --Condensed Balance Sheets (Parent Company Only) – as of January 1,December 31, 2006 and December 31, 2006;30, 2007; Condensed Statements of Operations (Parent Company Only) – for the fiscal years ended January 2, 2005, January 1, 2006, December 31, 2006 and December 31, 2006;30, 2007; Condensed Statements of Cash Flows (Parent Company Only) – for the fiscal years ended January 2, 2005, January 1, 2006, December 31, 2006 and December 31, 2006.30, 2007.

     The Report and Schedule referenced above were previously filed as part of Triarc Companies, Inc.’s Annual Report on Form 10-K filed on March 1, 2007.


All other schedules have been omitted since they are either not applicable or the information is contained elsewhere in “Item  8. Financial Statements and Supplementary Data” contained in Triarc Companies, Inc.’s Annual Report on Form 10-K filed on March 1, 2007.

3. Exhibits:

Data.”


3.  Exhibits:

Copies of the following exhibits are available at a charge of $.25 per page upon written request to the Secretary of Triarc at 280 Park Avenue, New York, New York 10017.

1155 Perimeter Center West, Atlanta, Georgia 30338.

EXHIBIT
NO.
DESCRIPTION
----------------------------------------------------------------------------------------------------------
  
2.1 --Purchase Agreement and Plan of Merger, dated as of June 26, 2004,December 17, 2007, by and among Deerfield Triarc Capital Corp., DFR Merger Company, LLC, Deerfield & Company LLC and, solely for the purposes set forth therein, Triarc Companies, Inc., Sachs Capital Management LLC, Deerfield Partners Fund II LLC, Scott A. Roberts, Marvin Shrear and Gregory H. Sachs, (in such capacity, the Sellers’ Representative, incorporated herein by reference to Exhibit 2.1 to Triarc’sTriarc's Current Report on Form 8-K dated June 28, 2004December 21, 2007 (SEC file no.No. 1-2207).
2.2 --First Amendment to Purchase Agreement, dated as of July 22, 2004, by and among Triarc Companies, Inc., Sachs Capital Management LLC, Deerfield Partners Fund II LLC, Scott A. Roberts, Marvin Shrear and Gregory H. Sachs, incorporated herein by reference to Exhibit 10.8 to Triarc’s Current Report on Form 8-K dated July 22, 2004 (SEC file no. 1-2207).
2.3 --Agreement and Plan of Merger, dated as of May 27, 2005, by and among Triarc Companies, Inc., Arby’s Acquisition Co., Arby’s Restaurant, LLC, RTM Restaurant Group, Inc. and Russell V. Umphenour, Jr., Dennis E. Cooper and J. Russell Welch, incorporated herein by reference to Exhibit 2.1 to Triarc’s Current Report on Form 8-K dated July 25, 2005 (SEC file no. 1-2207).
2.4 --2.3Membership Interest Purchase Agreement, dated as of May 27, 2005, by and among Triarc Companies, Inc., Arby’s Restaurant Group, Inc., each of the members of RTM Acquisition Company, L.L.C. and Russell V. Umphenour, Jr., Dennis E. Cooper and J. Russell Welch, incorporated herein by reference to Exhibit 2.3 to Triarc’s Current Report on Form 8-K dated July 25, 2005 (SEC file no. 1-2207).

2.4Asset Purchase Agreement, dated as of May 27, 2005, by and among Triarc Companies, Inc., Arby’s Restaurant Group, Inc., RTMMC Acquisition, LLC, RTM Management Company, L.L.C., each of the members of RTM Management Company, L.L.C. and Russell V. Umphenour, Jr., Dennis E. Cooper and J. Russell Welch, incorporated herein by reference to Exhibit 2.5 to Triarc’s Current Report on Form 8-K dated July 25, 2005 (SEC file no. 1-2207).
2.5 --Asset Purchase Agreement, dated as of May 27, 2005, by and among Triarc
Companies, Inc., Arby’s Restaurant Group, Inc., RTMMC Acquisition, LLC, RTM
Management Company, L.L.C., each of the members of RTM Management
Company, L.L.C. and Russell V. Umphenour, Jr., Dennis E. Cooper and J. Russell
Welch, incorporated herein by reference to Exhibit 2.5 to Triarc’s Current Report on
Form 8-K dated July 25, 2005 (SEC file no. 1-2207).
2.6 --Side Letter Agreement to the RTMRG Merger Agreement, dated as of July 25,
2005, by and among Triarc Companies, Inc., Arby’s Acquisition Co., Arby’s
Restaurant, LLC, RTM Restaurant Group, Inc. and Russell V. Umphenour, Jr.,
Dennis E. Cooper and J. Russell Welch, incorporated herein by reference to Exhibit
2.2 to Triarc’s Current Report on Form 8-K dated July 25, 2005 (SEC file no. 1-
2207)1-2207).
2.7 --2.6First Amendment to Membership Interest Purchase Agreement, dated as of July 25,
2005, by and among Triarc Companies, Inc. Arby’s Restaurant Group, Inc., each of
the members of RTM Acquisition Company, L.L.C. and Russell V. Umphenour, Jr.,
Dennis E. Cooper and J. Russell Welch, incorporated herein by reference to Exhibit
2.4 to Triarc’s Current Report on Form 8-K dated July 25, 2005 (SEC file no. 1-
2207)1-2207).
2.8 --2.7First Amendment to Asset Purchase Agreement, dated as of July 25, 2005, by and
among Triarc Companies, Inc., Arby’s Restaurant Group, Inc., RTMMC
Acquisition, LLC, RTM Management Company, L.L.C., each of the members of
RTM Management Company, L.L.C. and Russell V. Umphenour, Jr., Dennis E.
Cooper and J. Russell Welch, incorporated herein by reference to Exhibit 2.6 to
Triarc’s Current Report on Form 8-K dated July 25, 2005 (SEC file no. 1-2207).
3.1 --Certificate of Incorporation of Triarc Companies, Inc., as currently in effect,
incorporated herein by reference to Exhibit 3.1 to Triarc’s Current Report on
Form 8-K dated June 9, 2004 (SEC file no. 1-2207).
3.2 --Amended and Restated By-laws of Triarc Companies, Inc., as currently in effect, incorporated herein by
reference to Exhibit 3.1 to Triarc’s Current Report on Form 8-K dated November
5, 2004September 10, 2007 (SEC file no. 1-2207).
3.3 --Certificate of Designation of Class B Common Stock, Series 1, dated as of
August 11, 2003, incorporated herein by reference to Exhibit 3.3 to Triarc’s
Current Report on Form 8-K dated August 11, 2003 (SEC file no. 1-2207).
4.1 --Indenture, dated as of May 19, 2003, between Triarc Companies, Inc. and
Wilmington Trust Company, as Trustee, incorporated herein by reference to
Exhibit 4.1 to Triarc's Registration Statement on Form S-3 dated June 19, 2003
(SEC (SEC file no. 333-106273).
4.2 --Supplemental Indenture, dated as of November 21, 2003, between Triarc
Companies, Inc. and Wilmington Trust Company, as Trustee, incorporated herein
by reference to Exhibit 4.3 to Triarc’s Registration Statement on Form S-3 dated
November 24, 2003 (SEC file no. 333-106273).
4.3 --Registration Rights Agreement, dated as of July 25, 2005, among Triarc
Companies, Inc. and certain stockholders of Triarc Companies, Inc., incorporated
herein by reference to Exhibit 4.1 to Triarc’s Current Report on Form 8-K dated
July 25, 2005 (SEC file no. 1-2207).
10.1 --Form of Non-Incentive Stock Option Agreement under Triarc’s Amended and
Restated 1993 Equity Participation Plan, incorporated herein by reference to
Exhibit 10.2 to Triarc’s Current Report on Form 8-K dated March 31, 1997 (SEC
file no. 1-2207).**
10.2 --Form of Indemnification Agreement, between Triarc and certain officers,

directors, and employees of Triarc, incorporated herein by reference to Exhibit F
to the 1994 Proxy (SEC file no. 1-2207).**
10.3 --Form of Non-Incentive Stock Option Agreement under the 1997 Equity Plan,
incorporated herein by reference to Exhibit 10.6 to Triarc’s Current Report on
Form 8-K dated March 16, 1998 (SEC file no. 1-2207).**
10.4 --Form of Non-Incentive Stock Option Agreement under Triarc’s 1998 Equity
Participation Plan, incorporated herein by reference to Exhibit 10.2 to Triarc’s
Current Report on Form 8-K dated May 13, 1998 (SEC file no. 1-2207).**
10.5 --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. 1-2207).
10.6 --1999 Executive Bonus Plan, incorporated herein by reference to Exhibit A to
Triarc’s 1999 Proxy Statement (SEC file no. 1-2207).**
10.7 --Employment AgreementAmendment to the Triarc Companies, Inc. 1999 Executive Bonus Plan, dated as of May 1, 1999 between Triarc and Nelson
Peltz, incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report
on Form 8-K dated March 30, 2000 (SEC file no. 1-2207).**
10.8Employment Agreement dated as of May 1, 1999 between Triarc and Peter W.
May, incorporated herein by reference to Exhibit 10.2 to Triarc’s Current Report
on Form 8-K dated March 30, 2000 (SEC file no. 1-2207).**
10.9 --Employment Agreement dated as of February 24, 2000 between Triarc and
Brian L. Schorr, incorporated herein by reference to Exhibit 10.5 to Triarc’s
Current Report on Form 8-K dated March 30, 2000 (SEC file no. 1-2207).**
10.10 -- Deferral Plan for Senior Executive Officers of Triarc Companies, Inc.,
June 22, 2004, incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report on Form 8-K dated June 1, 2005 (SEC file no. 1-2207).**
10.8Amendment to the Triarc Companies, Inc. 1999 Executive Bonus Plan effective as of March 26, 2007, incorporated herein by reference to Exhibit 10.2 to Triarc's Current Report on Form 8-K dated June 6, 2007 (SEC file no. 1-2207).**
10.9Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report on Form 8-K dated March 30, 2001 (SEC file no. 1-2207).**
10.11 --10.10Indemnity 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 dated November 8, 2000
(SEC (SEC file no. 1-2207).
10.12 --10.11Form of Non-Incentive Stock Option Agreement under Triarc’s 2002 Equity
Participation Plan, incorporated herein by reference to Exhibit 10.1 to Triarc’s
Current Report on Form 8-K dated March 27, 2003 (SEC file no. 1-2207).**
10.13 --Fourth Amended and Restated Operating Agreement of Deerfield & Company
LLC, dated as of June 26, 2004, incorporated herein by reference to Exhibit 10.4
to Triarc’s Current Report on Form 8-K dated June 28, 2004 (SEC file no. 1-
2207).
10.14 --Employment Agreement, dated as of June 26, 2004, by and among Deerfield &
Company LLC, Deerfield Capital Management LLC and Gregory H. Sachs,
incorporated herein by reference to Exhibit 10.6 to Triarc’s Current Report on
Form 8-K dated July 22, 2004 (SEC file no. 1-2207).**
10.15 --Supplement, dated as of July 14, 2004, to the Employment Agreement, dated as
of June 26, 2004, by and among Deerfield & Company LLC, Deerfield Capital
Management LLC and Gregory H. Sachs, incorporated herein by reference to
Exhibit 10.7 to Triarc’s Current Report on Form 8-K dated July 22, 2004 (SEC
file no. 1-2207).**
10.16 --First Supplement to Fourth Amended and Restated Operating Agreement of
Deerfield & Company LLC, dated as of July 22, 2004, incorporated herein by
reference to Exhibit 10.9 to Triarc’s Current Report on Form 8-K dated July 22,
2004 (SEC file no. 1-2207).
10.17 --Second Supplement to Fourth Amended and Restated Operating Agreement of

Deerfield & Company LLC, dated as of August 16, 2004, incorporated herein by
reference to Exhibit 10.10 to Triarc’s Amendment No.1 to Current Report on
Form 8-K/A dated October 5, 2004 (SEC file no. 1-2207).
10.18 --Third Supplement to Fourth Amended and Restated Operating Agreement of
Deerfield & Company LLC, dated as of August 20, 2004, incorporated herein by
reference to Exhibit 10.11 to Triarc’s Amendment No.1 to Current Report on
Form 8-K/A dated October 5, 2004 (SEC file no. 1-2207).
10.19 --10.12Form of Restricted Stock Agreement for Class A Common Stock under Triarc’s
2002 Equity Participation Plan, incorporated herein by reference to Exhibit 10.1
to Triarc’s Current Report on Form 8-K/A dated March 11, 2005 (SEC file no. 1-
2207)1-2207). **
10.20 --10.13Form of Restricted Stock Agreement for Class B Common Stock, Series 1, under
Triarc’s 2002 Equity Participation Plan, incorporated herein by reference to
Exhibit 10.2 to Triarc’s Current Report on Form 8-K/A dated March 11, 2005
(SEC (SEC file no. 1-2207).**
10.21 --10.14Credit Agreement, dated as of July 25, 2005, among Arby’s Restaurant Group,
Inc., Arby’s Restaurant Holdings, LLC, Triarc Restaurant Holdings, LLC, the
Lenders and Issuers party thereto, Citicorp North America, Inc., as
Administrative Agent and Collateral Agent, Bank of America Securities LLC and
Credit Suisse, Cayman Islands Branch, as joint lead arrangers and joint book-
runningbook-running managers, Bank of America, N.A. and Credit Suisse, Cayman Islands
Branch, as co-syndication agents, and Wachovia Bank, National Association,
Suntrust Bank and GE Capital Franchise Finance Corporation, as co-
documentationco-documentation agents, incorporated herein by reference to Exhibit 10.1 to
Triarc’s Current Report on Form 8-K dated July 25, 2005 (SEC file no. 1-2207).
10.22 --Employment Agreement, dated July 25, 2005, by and between Douglas N.
Benham and Arby’s Restaurant Group, Inc., incorporated herein by reference to
Exhibit 10.2 to Triarc’s Current Report on Form 8-K dated July 25, 2005 (SEC
file no. 1-2207). **
10.23 --Transaction Support Agreement, dated as of May 27, 2005, by and among Triarc
Companies, Inc., certain stockholders of RTM Restaurant Group, Inc. listed on
the signature pages thereto and Russell V. Umphenour, Dennis E. Cooper and J.
Russell Welch, incorporated herein by reference to Exhibit 10.3 to Triarc’s
Current Report on Form 8-K dated July 25, 2005 (SEC file no. 1-2207).
10.24 --Investment Management Agreement dated as of November 14, 2005 between
TCMG-MA, LLC and Trian Fund Management, L.P., incorporated herein by
reference to Exhibit 10.3 to Triarc’s Form 10-Q for the period ended October 2,
2005 (SEC file no. 1-2207).
10.25 --Amended and Restated Limited Liability Company Agreement of Jurl Holdings,
LLC dated as of November 10, 2005 by and among Triarc Acquisition, LLC and
the Class B members party thereto, incorporated herein by reference to Exhibit
10.4 to Triarc’s Form 10-Q for the period ended October 2, 2005 (SEC file no. 1-
2207).
10.26 --Amended and Restated Limited Liability Company Agreement of Triarc
Deerfield Holdings, LLC dated as of November 10, 2005 by and among Triarc
Companies, Inc., Madison West Associates Corp. and the Class B members party
thereto, incorporated herein by reference to Exhibit 10.5 to Triarc’s Form 10-Q
for the period ended October 2, 2005 (SEC file no. 1-2207).
10.27 --Form of Triarc Deerfield Holdings, LLC Class B Unit Subscription Agreement,
incorporated herein by reference to Exhibit 10.6 to Triarc’s Form 10-Q for the
period ended October 2, 2005 (SEC file no. 1-2207).

10.28 --Form of Jurl Holdings, LLC Class B Unit Subscription Agreement, incorporated
herein by reference to Exhibit 10.7 to Triarc’s Form 10-Q for the period ended
October 2, 2005 (SEC file no. 1-2207).
10.29 --Agreement, dated as of December 29, 2005, between the Company and Nelson
Peltz, incorporated herein by reference to Exhibit 10.13 to Triarc’s Current
Report on Form 8-K dated December 29, 2005 (SEC file no. 1-2207). **
10.30 --Agreement, dated as of December 29, 2005, between the Company and Peter W.
May, incorporated herein by reference to Exhibit 10.14 to Triarc’s Current Report
on Form 8-K dated December 29, 2005 (SEC file no. 1-2207). **
10.31 --Amended and Restated 1993 Equity Participation Plan of Triarc Companies, Inc.,
incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report on
Form 8-K dated May 19, 2005 (SEC file no. 1-2207). **
10.32 --Amended and Restated 1997 Equity Participation Plan of Triarc Companies, Inc.,
incorporated herein by reference to Exhibit 10.2 to Triarc’s Current Report on
Form 8-K dated May 19, 2005 (SEC file no. 1-2207). **
10.33 --Amended and Restated 1998 Equity Participation Plan of Triarc Companies, Inc.,
incorporated herein by reference to Exhibit 10.3 to Triarc’s Current Report on
Form 8-K dated May 19, 2005 (SEC file no. 1-2207). **
10.34 --Amended and Restated 2002 Equity Participation Plan of Triarc Companies, Inc.,
incorporated herein by reference to Exhibit 10.4 to Triarc’s Current Report on
Form 8-K dated May 19, 2005 (SEC file no. 1-2207). **
10.35 --Amendment to the Triarc Companies, Inc. 1999 Executive Bonus Plan, dated as
of June 22, 2004, incorporated herein by reference to Exhibit 10.1 to Triarc’s
Current Report on Form 8-K dated June 1, 2005 (SEC file no. 1-2207). **
10.36 --10.15Amendment and Waiver No. 1, dated as of May 1, 2006 to that certain Credit
Agreement dated as of July 25, 2005 among Arby’s Restaurant Group, Inc.,
Arby’s Restaurant Holdings, LLC, Triarc Restaurant Holdings, LLC, the Lenders
and Issuers party thereto, Citicorp North America, Inc., as Administrative Agent
and Collateral Agent, Bank of America, N.A. and Credit Suisse, Cayman Islands
Branch, as co-syndication agents, and Wachovia Bank, National Association,
Suntrust Bank and GE Capital Franchise Finance Corporation, as co-
documentationco-documentation agents, incorporated herein by reference to Exhibit 10.1 to
Triarc’s Form 10-Q for the period ended July 2, 2006 (SEC file no.1-2007).
10.37 --10.16EmploymentAmendment No. 2, dated as of May 21, 2007 to that certain Credit Agreement dated April 13, 2006 between Arby’sas of July 25, 2005 among Arby's Restaurant Group,
Inc., Arby's  Restaurant  Holdings, LLC, Triarc Restaurant Holdings, LLC, Citicorp North America, Inc., as administrative agent for the Lenders and Roland C. Smith,Issuers and as collateral agent for the Secured Parties, Bank of America, N.A. and Credit Suisse, Cayman Islands Branch, as co-syndication agents for the Lenders and Issuers, and Wachovia Bank, National Association, Suntrust Bank and GE Capital Franchise Finance Corporation, as co-documentation agents for the Lenders and Issuers, incorporated herein by reference to Exhibit 10.1 to Triarc's Current Report on Form 8-K dated May 25, 2007 (SEC file no. 1-2207).
10.17Triarc’sAmended 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 dated April 17, 200630, 2007 (SEC file no. 1-1-2207).
10.182207).**
10.38 --LetterAmended and Restated Limited Liability Company Agreement of Jurl Holdings, LLC dated April 14, 2006 between Arby’s Restaurant Group, Inc.
as of November 10, 2005, by and Douglas N. Benham,among Triarc Acquisition, LLC and the Class B members party thereto, incorporated herein by reference to exhibit 10.2Exhibit 10.4 to
Triarc’s Current Report on Form 8-K dated April 17, 200610-Q for the period ended October 2, 2005 (SEC file no. 1-1-2207).
10.192207)Amended and Restated Limited Liability Company Agreement of Triarc Deerfield Holdings, LLC dated as of November 10, 2005, by and among Triarc Companies, Inc., Madison West Associates Corp. and the Class B members party thereto, incorporated herein by reference to Exhibit 10.5 to Triarc’s Form 10-Q for the period ended October 2, 2005 (SEC file no. 1-2207).**
10.39 --10.20LetterForm of Triarc Deerfield Holdings, LLC Class B Unit Subscription Agreement, dated April 28, 2006 between Triarc and Francis T. McCarron,incorporated herein by reference to Exhibit 10.6 to Triarc’s Form 10-Q for the period ended October 2, 2005 (SEC file no. 1-2207).
10.21Form of Jurl Holdings, LLC Class B Unit Subscription Agreement, incorporated herein by reference to Exhibit 10.7 to Triarc’s Form 10-Q for the period ended October 2, 2005 (SEC file no. 1-2207).
10.22Amended and Restated 1993 Equity Participation Plan of Triarc Companies, Inc., incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report on
Form 8-K dated May 2, 200619, 2005 (SEC file no. 1-2207).** **
10.40 --10.23Amended and Restated 1997 Equity Participation Plan of Triarc Companies, Inc., incorporated herein by reference to Exhibit 10.2 to Triarc’s Current Report on Form 8-K dated May 19, 2005 (SEC file no. 1-2207). **
10.24Amended and Restated 1998 Equity Participation Plan of Triarc Companies, Inc., incorporated herein by reference to Exhibit 10.3 to Triarc’s Current Report on Form 8-K dated May 19, 2005 (SEC file no. 1-2207). **
10.25Amended and Restated 2002 Equity Participation Plan of Triarc Companies, Inc., incorporated herein by reference to Exhibit 10.4 to Triarc’s Current Report on Form 8-K dated May 19, 2005 (SEC file no. 1-2207). **
10.26Amendment No. 1 to Triarc Companies, Inc. Amended and Restated 2002 Equity
Participation Plan, incorporated herein by reference to Exhibit 10.1 to Triarc’s
Current Report on Form 8-K dated June 7, 2006 (SEC file no. 1-2207).**
10.41 --10.27SurrenderAmendment No. 2 to Triarc Companies, Inc. Amended and ReleaseRestated 2002 Equity Participation Plan, incorporated herein by reference to Exhibit 10.1 to Triarc's Current Report on Form 8-K dated June 6, 2007 (SEC file no. 1-2207). **
10.28Separation Agreement, dated as of September 19, 2006, by and
April 30, 2007, between 760-24 Westchester Avenue, LLC and 800-60 Westchester Avenue,
LLC, as Lessor, and Triarc Companies, Inc. as Lessee,and Nelson Peltz, incorporated herein by reference to Exhibit 10.3 to Triarc's Current Report on Form 8-K dated April 30, 2007 (SEC file no. 1-2207). **
10.29Letter 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 dated January 4, 2008 (SEC file No. 1-2207). **
10.30Separation 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 dated April 30, 2007 (SEC file no. 1-2207). **
10.31Letter 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 dated January 4, 2008 (SEC file No. 1-2207). **
10.32Employment Agreement dated April 13, 2006, between Arby’s Restaurant Group, Inc. and Roland C. Smith, incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report on Form 8-K dated April 17, 2006 (SEC file no. 1-2207). **

10.33September 20,Letter Agreement dated January 18, 2007, between Arby’s Restaurant Group, Inc. and Roland C. Smith, incorporated herein by reference to Exhibit 10.2 to Triarc’s Current Report on Form 8-K dated February 1, 2007 (SEC file no. 1-2207). **
10.34Letter Agreement dated as of March 23, 2007, between Roland C. Smith and Arby's Restaurant Group, Inc., incorporated herein by reference to Exhibit 10.2 to Triarc's Quarterly Report on Form 10-Q for the quarterly period ended April 1, 2007 (SEC file no. 1-2207). **
10.35Letter Agreement dated May 27, 2005, between Arby’s Restaurant Group, Inc. and Thomas A. Garrett. * **
10.36Letter Agreement dated May 23, 2006, between Arby’s Restaurant Group, Inc. and Stephen E. Hare. * **
10.37Letter Agreement dated August 30, 2006, between Arby’s Restaurant Group, Inc. and Cheryl Barre. * **
10.38Letter Agreement dated May 27, 2005, between Arby’s Restaurant Group, Inc. and Sharron Barton. * **
10.39Letter Agreement dated October 13, 2005, between Arby’s Restaurant Group, Inc. and Nils H. Okeson. * **
10.40Form of Indemnification Agreement between Arby’s Restaurant Group, Inc. and certain directors, officers and employees thereof. * **
10.41Services Agreement, dated as of April 30, 2007, by and among Triarc Companies, Inc. and Trian Fund Management, L.P., incorporated herein by reference to Exhibit 10.1 to Triarc's Current Report on Form 8-K dated April 30, 2007 (SEC file no. 1-2207).
10.42 --Letter Agreement dated as of December 28, 2007, between Triarc Companies, Inc. and Trian Fund Management, L.P., incorporated herein by reference to Exhibit 10.1 to Triarc's Current Report on Form 8-K dated January 4, 2008 (SEC file No. 1-2207).
10.43Assignment and Assumption of Lease, dated as of June 30, 2007, between Triarc Companies, Inc. and Trian Fund Management, L.P., incorporated herein by reference to Exhibit 10.1 to Triarc's Current Report on Form 8-K dated August 10, 2007 (SEC file no. 1-2207).
10.44Bill of Sale dated July 31, 2007, by Triarc Companies, Inc. to Trian Fund Management, L.P., incorporated herein by reference to Exhibit 10.2 to Triarc's Current Report on Form 8-K dated August 10, 2007 (SEC file no. 1-2207).
10.45Settlement Agreement and Mutual Release, dated as of July __, 2007, by and among Triarc Companies, Inc., Arby's Restaurant Group, Inc., Arby's Restaurant, LLC and Russell V. Umphenour, Jr., Dennis E. Cooper and J. Russell Welch, as the RTM Representatives, incorporated herein by reference to Exhibit 10.3 to Triarc's Current Report on Form 8-K dated August 10, 2007 (SEC file no. 1-2207).
10.46Agreement of Sublease between Triarc Companies, Inc. and Trian Fund Management, L.P., incorporated herein by reference to Exhibit 10.4 to Triarc's Current Report on Form 8-K dated August 10, 2007 (SEC file no. 1-2207).
10.47Form of Aircraft Time Sharing Agreement between Triarc Companies, Inc. and each of Trian Fund Management, L.P., Nelson Peltz, Peter W. May and Edward P. Garden, incorporated herein by reference to Exhibit 10.5 to Triarc's Current Report on Form 8-K dated August 10, 2007 (SEC file no. 1-2207).
10.48Form of Aircraft Time Sharing Agreement between 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 10.6 to Triarc's Current Report on Form 8-K dated August 10, 2007 (SEC file no. 1-2207).
10.49Letter 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. 1-2207).
10.50Letter Agreement dated August 10, 2007, between Triarc Companies, Inc. and Brian L. Schorr, incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report on Form 8-K filed August 15, 2007 (SEC file No. 1-2207).
10.51Registration Rights Agreement, dated as of December 17, 2007, among Deerfield Triarc Capital Corp., the parties identified as Stockholders on the signature pages thereto and the other persons who may become parties thereto from time to time in accordance therewith and Triarc Companies, Inc., as the Sellers’ Representative, incorporated herein by reference to Exhibit 10.1 to Triarc's Current Report on Form 8-K dated December 21, 2007 (SEC file No. 1-2207).
10.52Termination of Employment and Waiver of Put Rights Agreement, dated as of December 17, 2007, among Deerfield & Company LLC, Deerfield Capital Management LLC, Triarc Companies, Inc., Gregory H. Sachs, Sachs Capital Management LLC and Spensyd Asset Management LLLP, incorporated herein by reference to Exhibit 10.2 to Triarc's Current Report on Form 8-K dated December 21, 2007 (SEC file No. 1-2207).
10.53Series 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. 1-2207).
10.54Collateral 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. 1-2207).
10.55Letter Agreement dated April 28, 2006, between Triarc and Francis T. McCarron, incorporated herein by reference to Exhibit 10.1 to Triarc’s Current Report on Form 8-K dated May 2, 2006 (SEC file no. 1-2207). **
10.56Amendment No. 1 to Letter Agreement dated as of January 29, 2007, between
Triarc Companies, Inc. and Francis T. McCarron, incorporated herein by
reference to Exhibit 10.1 to Triarc’s Current Report on Form 8-K dated February
1, 2007 (SEC file no. 1-2207).**
10.43 --Letter Agreement dated January 18, 2007 between Arby’s Restaurant Group, Inc.
and Roland C. Smith, incorporated herein by reference to Exhibit 10.2 to Triarc’s
Current Report on Form 8-K dated February 1, 2007 (SEC file no. 1-2207).**
10.44 --10.57Amendment No. 1 to EmploymentLetter Agreement dated as of December 18, 2006
13, 2007, between Triarc Companies, Inc. and Brian L. Schorr,Francis T. McCarron, incorporated herein by reference to Exhibit 10.1 to Triarc's Current Report on Form 8-K dated December 19, 2007 (SEC file No. 1-2207). **
10.58Transaction Support Agreement, dated as of May 27, 2005, by and among Triarc Companies, Inc., certain stockholders of RTM Restaurant Group, Inc. listed on the signature pages thereto and Russell V. Umphenour, Dennis E. Cooper and J. Russell Welch, incorporated herein by reference to Exhibit 10.3 to Triarc’s Current Report on Form 8-K dated February
1, 2007July 25, 2005 (SEC file no. 1-2207).**
21.1-- 21.1Subsidiaries of the Registrant*Registrant. *
23.1--23.1Consent of Deloitte & Touche LLP**LLP. *
31.1--23.2
Consent of Deloitte & Touche LLP. ***
31.1
Certification of the Chief Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. ******
31.2 --
Certification of the Chief Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. ******
32.1 --
Certification of the Chief Executive Officer and Chief Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, furnished as an exhibit to this Form 10-K. ***

_______________________
*     99.1Previously filed.
Audited Consolidated Financial Statements of Deerfield Capital Corp. and subsidiaries. ***
______________________
*Filed with the 2007 Annual Report on February 29, 2008.
**Identifies a management contract or compensatory plan or arrangement.
***     Filed herewith. Replaces previously filed exhibit.
****Filed herewith.


Instruments defining the rights of holders of certain issues of long-term debt of Triarc and its consolidated subsidiaries have not been filed as exhibits to this Form 10-K because the authorized principal amount of any one of such issues does not exceed 10% of the total assets of Triarc and its subsidiaries on a consolidated basis. Triarc agrees to furnish a copy of each of such instruments to the Commission upon request.


SIGNATURES

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.


 
TRIARC COMPANIES, INC.
(Registrant)
Dated: March 14, 2008
By: /s/Stephen E. Hare                                                          
 TRIARC COMPANIES, INC.Stephen E. Hare
 (Registrant)
/s/ Stuart I. Rosen


Stuart I. Rosen
Senior Vice President
and Chief Financial Officer

Dated: March 6, 2007