Acknowledgement letter dated as of March 31, 2011 from Wendy's/Arby's Group, Inc. to Trian Fund Management, L.P. (Trian Partners) regarding the Agreement and the Liquidation Services Agreement each dated as of June 10, 2009 between Wendy's/Arby's Group, Inc. and Trian Partners

 

 

 

 

As of March 31, 2011

 

 

Brian L. Schorr

Chief Legal Officer

Trian Fund Management, L.P.

280 Park Avenue

New York, New York 10017

 

Dear Brian:

 

Wendy's/Arby's Group, Inc. (“WAG”) hereby acknowledges receipt of the letter dated of even date herewith from Trian Fund Management, L.P. (“Trian”) regarding Trian's disclaimer of any future right to receive fees pursuant to (i) Section 4(b) of the Agreement, dated June 10, 2009, between WAG and Trian and/or (ii) the second sentence of Section 3 of the Liquidation Services Agreement, dated June 10, 2009, between WAG and Trian. In addition, this letter confirms that pursuant to Section 1 of such Liquidation Services Agreement, WAG is hereby notifying you that it is terminating the Liquidation Services Agreement effective as of June 30, 2011.

 

Sincerely,

 

 

/s/ Nils H. Okeson

 

Nils H. Okeson

Senior Vice President, General

Counsel and Secretary