Peltz Nelson, et al. – ‘SC 13D/A’ on 9/16/08 re: Wendy's Co – ‘EX-34’

On:  Tuesday, 9/16/08, at 4:44pm ET   ·   Accession #:  914121-8-687   ·   File #:  5-30388

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Amendment to General Statement of Beneficial Ownership   —   Sch. 13D
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: SC 13D/A    Amendment No. 25 to Schedule 13D                      25    107K 
 2: EX-34       Joint Filing Agreement                                 4     14K 

EX-34   —   Joint Filing Agreement

EX-34
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                                                                      EXHIBIT 34

JOINT FILING AGREEMENT

 In accordance with Rule 13d-1(f) under the Securities Exchange Act of
1934, as amended, the persons named below agree to the joint filing on behalf of
each of them of a statement on Schedule 13D (including amendments thereto) with 
respect to the Common Shares of Triarc Companies Inc. and further agree that    
this Joint Filing Agreement be included as an Exhibit to such joint filings. In 
evidence thereof, the undersigned, being duly authorized, have executed this    
Joint Filing Agreement this 16th day of September 2008.                         

                     TRIAN PARTNERS GP, L.P.

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

                                 TRIAN PARTNERS GENERAL PARTNER, LLC

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

                  TRIAN PARTNERS, L.P.

                              By: Trian Partners GP, L.P., its
             general partner

                                 By: Trian Partners General Partner,
                      LLC, its general partner

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

                              TRIAN PARTNERS MASTER FUND, L.P.

                              By: Trian Partners GP, L.P., its
             general partner

                                 By: Trian Partners General Partner,
                      LLC, its general partner

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

[Joint Filing Agreement]

EX-34
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                                  TRIAN PARTNERS PARALLEL FUND I, L.P.

                                By: Trian Partners Parallel Fund I
                              General Partner LLC, its general
     partner

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

                                    TRIAN PARTNERS PARALLEL FUND I GENERAL
          PARTNER, LLC

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

                                   TRIAN PARTNERS PARALLEL FUND II, L.P.

                                 By: Trian Partners Parallel Fund II
                           GP, L.P., its general partner

                                 By: Trian Partners Parallel Fund II
                               General Partner, LLC, its general
     partner

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

                                      TRIAN PARTNERS PARALLEL FUND II GP, L.P.

                                 By: Trian Partners Parallel Fund II
                               General Partner, LLC, its general
     partner

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

                             TRIAN PARTNERS PARALLEL FUND II
                  GENERAL PARTNER, LLC

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

[Joint Filing Agreement]

EX-34
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                         TRIAN FUND MANAGEMENT, L.P.

                                    By: Trian Fund Management GP, LLC, its
             general partner

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

                           TRIAN FUND MANAGEMENT GP, LLC

                         By:    /s/ Edward P. Garden
                                              ----------------------------------
                     Name:  Edward P. Garden
           Title: Member

[Joint Filing Agreement]

EX-34
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                /s/ Nelson Peltz
                                     ---------------------------------------
            Nelson Peltz

                /s/ Peter W. May
                                     ---------------------------------------
            Peter W. May

                    /s/ Edward P. Garden
                                     ---------------------------------------
                Edward P. Garden

[Joint Filing Agreement]