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Franchisee dispute drives net loss for Wendy’sFranchisee dispute drives net loss for Wendy’s

Same-store sales up 3.2%

Bret Thorn, Senior Food Editor

August 10, 2017

2 Min Read
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The Wendy’s Company ended a longstanding dispute with former franchisee DavCo Restaurants LLC by buying its 140 Wendy’s locations and reselling them to another franchisee, NPC International, Inc., resulting in a net loss for the second quarter of 2017. 

“Due to the unique nature of the transactions, the Company incurred a total pre-tax loss of $43.1m and a net cash outflow, exclusive of franchise fees received, of $17.8m,” Wendy’s said in a release announcing its performance for the quarter ended July 2, 2017. 

The Dublin, Ohio-based quick service chain reported a net loss of $1.8 million, or 1 cent per share, compared to a gain of $26.5 million, or 10 cents per share, for the 2nd quarter of 2016.

Wendy’s sued DavCo in late 2014 after the franchisee refused to remodel restaurants or buy a company-wide point-of-sale system. The dispute was resolved this spring when Wendy’s bought all of DavCo’s restaurants and subsequently sold them to NPC, making the latter the system’s largest franchisee with 386 locations.

As part of the agreement, NPC agreed to remodel 90 units by the end of 2021 and to open 15 new restaurants by the end of 2022.

Wendy’s revenue also was down, by 16.3 percent to $320.3 million, from $382.7 million in the second quarter of 2016, as the company shed 251 company-owned stores. That loss in revenue was partly offset by higher franchise royalty revenue and fees and by franchise rental income, the company said.

Same-store sales for North American locations were up, however, by 3.2 percent.

Wendy's closed a net 11 restaurants in North America, having closed 21 and opened 10, and opened a net 24 restaurants internationally.

Wendy’s also continued is “Buy and Flips” program in which it facilitates franchisee-to-franchisee restaurant transfers. During the 2nd quarter, 294 restaurants changed hands from one franchisee to another, including the DavCo-NPC transaction.

Wendy’s said the program was being carried out “to ensure that restaurants are operated by well-capitalized franchisees that are committed to long-term growth.”

“We remain on track to achieve our 2017 target,” said CEO Todd Penegor, who attributed the chain’s same-store sales growth to a successful stream of limited-time offers as well as its engaging social media program. 

The company also said it remains on track to achieve the 2020 goals it had announced previously.

Contact Bret Thorn at [email protected]

Follow him on Twitter: @foodwriterdiary

About the Author

Bret Thorn

Senior Food Editor, Nation's Restaurant News

Senior Food & Beverage Editor

Bret Thorn is senior food & beverage editor for Nation’s Restaurant News and Restaurant Hospitality for Informa’s Restaurants and Food Group, with responsibility for spotting and reporting on food and beverage trends across the country for both publications as well as guiding overall F&B coverage. 

He is the host of a podcast, In the Kitchen with Bret Thorn, which features interviews with chefs, food & beverage authorities and other experts in foodservice operations.

From 2005 to 2008 he also wrote the Kitchen Dish column for The New York Sun, covering restaurant openings and chefs’ career moves in New York City.

He joined Nation’s Restaurant News in 1999 after spending about five years in Thailand, where he wrote articles about business, banking and finance as well as restaurant reviews and food columns for Manager magazine and Asia Times newspaper. He joined Restaurant Hospitality’s staff in 2016 while retaining his position at NRN. 

A magna cum laude graduate of Tufts University in Medford, Mass., with a bachelor’s degree in history, and a member of Phi Beta Kappa, Thorn also studied traditional French cooking at Le Cordon Bleu Ecole de Cuisine in Paris. He spent his junior year of college in China, studying Chinese language, history and culture for a semester each at Nanjing University and Beijing University. While in Beijing, he also worked for ABC News during the protests and ultimate crackdown in and around Tiananmen Square in 1989.

Thorn’s monthly column in Nation’s Restaurant News won the 2006 Jesse H. Neal National Business Journalism Award for best staff-written editorial or opinion column.

He served as president of the International Foodservice Editorial Council, or IFEC, in 2005.

Thorn wrote the entry on comfort food in the Oxford Encyclopedia of Food and Drink in America, 2nd edition, published in 2012. He also wrote a history of plated desserts for the Oxford Companion to Sugar and Sweets, published in 2015.

He was inducted into the Disciples d’Escoffier in 2014.

A Colorado native originally from Denver, Thorn lives in Brooklyn, N.Y.

Bret Thorn’s areas of expertise include food and beverage trends in restaurants, French cuisine, the cuisines of Asia in general and Thailand in particular, restaurant operations and service trends. 

Bret Thorn’s Experience: 

Nation’s Restaurant News, food & beverage editor, 1999-Present
New York Sun, columnist, 2005-2008 
Asia Times, sub editor, 1995-1997
Manager magazine, senior editor and restaurant critic, 1992-1997
ABC News, runner, May-July, 1989

Education:
Tufts University, BA in history, 1990
Peking University, studied Chinese language, spring, 1989
Nanjing University, studied Chinese language and culture, fall, 1988 
Le Cordon Bleu Ecole de Cuisine, Cértificat Elémentaire, 1986

Email: [email protected]

Social Media:
LinkedIn: https://www.linkedin.com/in/bret-thorn-468b663/
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Twitter: @foodwriterdiary
Instagram: @foodwriterdiary

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