Via EDGAR
January 21, 2014
Mr. Lyn Shenk
Branch Chief
Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
cc: Mr. Stephen Kim
Re: | The Wendy’s Company |
Form 10-K for the Fiscal Year Ended December 30, 2012
Filed February 28, 2013
File No. 001-02207
Dear Mr. Shenk:
We are responding in electronic form to your letter dated January 16, 2014 (the “Letter”) regarding The Wendy’s Company (“TWC” and, collectively with its subsidiaries, the “Company”) Annual Report on Form 10-K for the fiscal year ended December 30, 2012 (the “TWC 2012 10-K”).
Certain capitalized terms set forth in this letter and otherwise not defined herein are used as defined in the TWC 2012 10-K (including the documents incorporated by reference therein).
Your comment and the response of the Company are as follows:
Form 10-K for the Fiscal Year Ended December 30, 2012
Note 1: Summary of Significant Accounting Policies, page 64
1. | We note your response to prior comment 1. Please expand your disclosure in your Form 10-K for the fiscal year ended January 1, 2014 to disclose the effect of the corrections on each financial statement line item and per-share amounts affected for each period presented in your filing. Please also revise to disclose the nature of the income tax and depreciation adjustments. |
Company Response
As requested in the Letter, we will expand our disclosure in our upcoming filing on Form 10-K to address the effect of the corrections on each financial statement line item and per-share amounts affected for each period presented in the filing. We will also narratively describe the nature of the income tax and depreciation adjustments.
In connection with our responses to your comments on the TWC 2012 10-K, (the “Filing”), the Company acknowledges that:
• | the Company is responsible for the adequacy and accuracy of the disclosure in its Filing; |
• | staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the Filing; and |
• | the Company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States. |
Please contact me at (614) 764-6857 if you have questions regarding our responses.
Sincerely,
/s/ Steven B. Graham
Steven B. Graham
Senior Vice President and Chief Accounting Officer
cc: | Joseph Levato, Chairman, Audit Committee of the Board of Directors |
Todd Penegor, Senior Vice President and Chief Financial Officer
James B. Redmond, Deloitte & Touche LLP