This excerpt taken from the WEN 10-K filed Apr 3, 2006.
Earnings and Loss Per Share
Earnings and Loss per share are calculated pursuant to Statement of Financial Accounting Standards No. 128, Earnings Per Share. For the years ended December 31, 2004 and 2003, diluted earnings per share is computed giving effect to all dilutive potential common shares that were outstanding during the year. Dilutive potential common shares consist of incremental shares issuable upon exercise of stock options and warrants. During 2005, dilutive potential common shares also consisted of the assumed conversion of the Companys convertible notes for the period from September 19, 2005 to October 28, 2005. On October 28, 2005, the Companys stockholders approved a net share settlement of the Companys convertible notes, thus not requiring the Company to include the assumed conversion on the convertible notes in the calculation of earnings per share unless the Companys common stock prices exceeds $22.34 per share. See Note 7 for a more detailed discussion of convertible notes.