13G Filing: Eminence Capital and Wendy’s Co (WEN)

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Mr. Sandler is
the Chief Executive Officer of Eminence Capital and the Managing Member of Eminence GP and may be deemed to have voting and
dispositive power with respect to the shares of Common Stock directly owned by the Eminence Funds and the SMA, as
applicable.
The filing of this statement should not be construed as an admission that any of the Reporting Persons is, for the purposes of Section 13G of the Act, the beneficial owner of the shares of Common Stock reported herein.
Item 2(b). Address of Principal Business Office or, if None, Residence:
The address of the principal business and principal office of Eminence GP and Eminence Capital is 65 East 55th Street, 25th Floor, New York, NY  10022.  The business address of Mr. Sandler is 65 East 55th Street, 25th Floor, New York, NY  10022.
Item 2(c). Citizenship
(i) Eminence Capital, a Delaware limited partnership;
(ii) Eminence GP, a Delaware
limited liability company; and
(iii) Mr. Sandler is a United States citizen.
Item 2(d). Title of Class of Securities
Common Stock, $0.10 par value (the “Common Stock”).
Item 2(e). CUSIP Number
95058W100
Item 3. If this statement is filed pursuant to Rules 13d-1(b) or 13d-2(b) or (c), check whether the person filing is a:
(a) ¨ Broker or dealer registered under Section 15 of the Act;
(b) ¨ Bank as defined in Section 3(a)(6) of the Act;
(c) ¨ Insurance company as defined in Section 3(a)(19) of the Act;
(d) ¨ Investment company registered under Section 8 of the Investment Company Act of 1940;
(e) ¨ An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E);
(f) ¨ An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F);

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