Common use of Sales and Other Reports, Financial Statements and Statement Verifying Sales Clause in Contracts

Sales and Other Reports, Financial Statements and Statement Verifying Sales. Franchisee must submit to BKE, at such times as BKE designates, the following by hard copy or electronic format prescribed by or otherwise acceptable to BKE: (a) (i) daily, weekly and monthly total restaurant sales, ticket count and comparative sales reports; (ii) monthly product volume mix data; and (iii) monthly information obtained from evaluation and rating programs in which Franchisee is required to participate from time to time, including self-audits, product, facility, crew or service evaluation programs and customer satisfaction programs, all of the foregoing for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee and its Affiliates; (b) monthly, quarterly and fiscal year-to-date profit and loss statements prepared in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee (which for the avoidance of doubt includes the main office function); (c) within ninety (90) days following the end of each fiscal year of Franchisee and at any time upon request by BKE (i) a full disclosure of all equity owners in Franchisee and any other person with any interest in the Franchised Restaurant; (ii) complete audited annual financial statements prepared in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located for the Franchised Restaurant and the total operations of Franchisee; and (iii) a statement verifying total monthly restaurant sales and ticket counts for the previous 12 months for the Franchised Restaurant and separately for all Burger King Restaurants operated by Franchisee, certified by a certified public accountant or equivalent (and in the absence of an equivalent, then by such body with membership and constitution in the country in which the Franchised Restaurant is located as is designated by BKE from time to time); (d) copies of tax returns and remittances relating to the Franchised Restaurant at the same time the returns are filed; and (e) such other information and records of any kind as BKE may reasonably require from time to time, including, without limitation, monthly financial information and performance data for the franchise performance tool administered by BKE, quarterly balance sheets and income statements and copies of any other documentation provided to the tax authorities relating to the Franchised Restaurant.

Sales and Other Reports, Financial Statements and Statement Verifying Sales. Franchisee must submit to BKEFRANCHISOR, at such times as BKE FRANCHISOR designates, the following by hard copy or electronic format prescribed by or otherwise acceptable to BKEFRANCHISOR: (a) (i) daily, weekly and monthly total restaurant sales, ticket count and comparative sales reports, including Polling Information and Delivery Aggregator Information; (ii) monthly product volume mix data, including Delivery Aggregator Information; and (iii) monthly information obtained from evaluation and rating programs in which Franchisee is required to participate from time to time, including self-audits, product, facility, crew or service evaluation programs and customer satisfaction programs, all of the foregoing for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee and its AffiliatesRestaurants; (bi) monthly, quarterly and fiscal year-to-date profit and loss statements prepared as management accounts in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located Territory for the each Franchised Restaurant and the total operations of Franchisee Franchisee, including, without limitation, all Burger King Popeyes Restaurants operated by Franchisee (Franchisee, which for the avoidance of doubt includes the main office function)function and any distribution function and (ii) such other information and records of any kind as FRANCHISOR may reasonably require from time to time, including, without limitation, quarterly balance sheets and income statements and copies of any other documentation provided to the Tax Authorities relating to the Franchised Restaurants, as the case may be; (c) within ninety (90) days following the end of each fiscal year of Franchisee and at any time upon request by BKE (i) a full disclosure of all equity owners in Franchisee and any other person with any interest in the Franchised Restaurant, unless the Franchisee is a Public Company; (ii) complete audited annual financial statements prepared in accordance with generally accepted accounting principles US GAAP in the country where the Franchised Restaurant is located for the Franchised Restaurant Territory and the total operations of Franchisee, including, without limitation, all Popeyes Restaurants operated by Franchisee which for the avoidance of doubt includes the main office function and any distribution function; and (iii) a statement verifying total monthly restaurant sales and ticket counts for the previous 12 twelve (12) months for the each Franchised Restaurant and separately for all Burger King Popeyes Restaurants operated by Franchisee, certified by a certified public accountant Franchisee’s Comptroller (or the equivalent (and in the absence of an equivalent, then by such body with membership and constitution in the country in which the Franchised Restaurant is located as is designated by BKE from time to timeposition);; CERTAIN PORTIONS OF THE EXHIBIT THAT ARE NOT MATERIAL AND IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL HAVE BEEN REDACTED PURSUANT TO ITEM 601(b)(10)(iv) OF REGULATION S-K. [****] INDICATES THAT INFORMATION HAS BEEN REDACTED. (d) copies of tax returns and remittances relating to the Franchised Restaurant at the same time the returns are filedRestaurants; and (e) such other information and records of any kind as BKE FRANCHISOR may reasonably require from time to time, including, without limitation, monthly financial information and performance data for the franchise performance tool administered by BKE, quarterly balance sheets and income statements and copies of any other documentation provided to the tax authorities Tax Authorities relating to the Franchised RestaurantRestaurants. (f) To the extent that any of the foregoing reports and financial statements are required to be provided to FRANCHISOR or its Affiliates pursuant to the MDA or Investment Agreement, FRANCHISOR shall not require Franchisee to provide such reports or financial statements hereunder, it being the intention of the parties not to require Franchisee to provide duplicative reports and financial statements.

Sales and Other Reports, Financial Statements and Statement Verifying Sales. Franchisee must submit to BKEFRANCHISOR, at such times as BKE FRANCHISOR designates, the following by hard copy or electronic format prescribed by or otherwise acceptable to BKEFRANCHISOR: (a) (i) daily, weekly and monthly total restaurant sales, ticket count and comparative sales reports; (ii) monthly product volume mix data; and (iii) monthly information obtained from evaluation and rating programs in which Franchisee is required to participate from time to time, including self-audits, product, facility, crew or service evaluation programs and customer satisfaction programs, all of the foregoing for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee and its AffiliatesRestaurants; (bi) monthly, quarterly and fiscal year-to-date profit and loss statements prepared as management accounts in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located Territory for the each Franchised Restaurant and the total operations of Franchisee Franchisee, including, without limitation, all Burger King Txx Hortons Restaurants operated by Franchisee (which for the avoidance of doubt includes the main office function)function and any distribution function and (ii) such other information and records of any kind as FRANCHISOR may reasonably require from time to time, including, without limitation, quarterly balance sheets and income statements and copies of any other documentation provided to the taxing authorities relating to the Franchised Restaurants, as the case may be; (c) within ninety (90) days following the end of each fiscal year of Franchisee and at any time upon request by BKE (i) a full disclosure of all equity owners in Franchisee and any other person with any interest in the Franchised Restaurant, unless the Franchisee is a Public Company; (ii) complete audited annual financial statements prepared in accordance with generally accepted accounting principles US GAAP in the country where the Franchised Restaurant is located for the Franchised Restaurant Territory and the total operations of Franchisee, including, without limitation, all Txx Hortons Restaurants operated by Franchisee which for the avoidance of doubt includes the main office function and any distribution function; and (iii) a statement verifying total monthly restaurant sales and ticket counts for the previous 12 twelve (12) months for the each Franchised Restaurant and separately for all Burger King Txx Hortons Restaurants operated by Franchisee, certified by a certified public accountant Franchisee’s Comptroller (or the equivalent (and in the absence of an equivalent, then by such body with membership and constitution in the country in which the Franchised Restaurant is located as is designated by BKE from time to timeposition); (d) copies of tax returns and remittances relating to the Franchised Restaurant at the same time the returns are filedRestaurants; and (e) such other information and records of any kind as BKE FRANCHISOR may reasonably require from time to time, including, without limitation, monthly financial information and performance data for the franchise performance tool administered by BKE, quarterly balance sheets and income statements and copies of any other documentation provided to the tax authorities taxing Authorities relating to the Franchised RestaurantRestaurants. (f) To the extent that any of the foregoing reports and financial statements are required to be provided to FRANCHISOR or its Affiliates as a shareholder of Franchisee or any Affiliate of Franchisee or pursuant to the A&R MDA, FRANCHISOR shall not require Franchisee to provide such reports or financial statements hereunder, it being the intention of the parties not to require Franchisee to provide duplicative reports and financial statements.

Sales and Other Reports, Financial Statements and Statement Verifying Sales. Franchisee must submit to BKEFRANCHISOR, at such times as BKE FRANCHISOR designates, the following by hard copy or electronic format prescribed by or otherwise acceptable to BKEFRANCHISOR: (a) (i) daily, weekly and monthly total restaurant sales, ticket count and comparative sales reports; (ii) monthly product volume mix data; and (iii) monthly information obtained from evaluation and rating programs in which Franchisee is required to participate from time to time, including self-audits, product, facility, crew or service evaluation programs and customer satisfaction programs, all of the foregoing for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee and its AffiliatesRestaurants; (bi) monthly, quarterly and fiscal year-to-date profit and loss statements prepared as management accounts in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located Territory for the each Franchised Restaurant and the total operations of Franchisee Franchisee, including, without limitation, all Burger King Txx Hortons Restaurants operated by Franchisee (which for the avoidance of doubt includes the main office function)function and any distribution function and (ii) such other information and records of any kind as FRANCHISOR may reasonably require from time to time, including, without limitation, quarterly balance sheets and income statements and copies of any other documentation provided to the taxing authorities relating to the Franchised Restaurants, as the case may be; (c) within ninety (90) days following the end of each fiscal year of Franchisee and at any time upon request by BKE (i) a full disclosure of all equity owners in Franchisee and any other person with any interest in the Franchised Restaurant, unless the Franchisee is a Public Company; (ii) complete audited annual financial statements prepared in accordance with generally accepted accounting principles US GAAP in the country where the Franchised Restaurant is located for the Franchised Restaurant Territory and the total operations of Franchisee, including, without limitation, all Txx Hortons Restaurants operated by Franchisee which for the avoidance of doubt includes the main office function and any distribution function; and (iii) a statement verifying total monthly restaurant sales and ticket counts for the previous 12 twelve (12) months for the each Franchised Restaurant and separately for all Burger King Txx Hortons Restaurants operated by Franchisee, certified by a certified public accountant Franchisee’s Comptroller (or the equivalent (and in the absence of an equivalent, then by such body with membership and constitution in the country in which the Franchised Restaurant is located as is designated by BKE from time to timeposition); (d) copies of tax returns and remittances relating to the Franchised Restaurant at the same time the returns are filedRestaurants; and (e) such other information and records of any kind as BKE FRANCHISOR may reasonably require from time to time, including, without limitation, monthly financial information and performance data for the franchise performance tool administered by BKE, quarterly balance sheets and income statements and copies of any other documentation provided to the tax authorities taxing Authorities relating to the Franchised RestaurantRestaurants.

Sales and Other Reports, Financial Statements and Statement Verifying Sales. Franchisee must submit to BKEFRANCHISOR, at such times as BKE FRANCHISOR designates, the following by hard copy or electronic format prescribed by or otherwise acceptable to BKEFRANCHISOR: (a) (i) daily, weekly and monthly total restaurant sales, ticket count and comparative sales reports; (ii) monthly product volume mix data; and (iii) monthly information obtained from evaluation and rating programs in which Franchisee is required to participate from time to time, including self-audits, product, facility, crew or service evaluation programs and customer satisfaction programs, all of the foregoing for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee and its AffiliatesRestaurants; (b) monthly, quarterly and fiscal year-to-date profit and loss statements prepared in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee (which for the avoidance of doubt includes the main office function and any distribution function); (c) within ninety (90) days following the end of each fiscal year of Franchisee and at any time upon request by BKE (i) a full disclosure of all equity owners in Franchisee and any other person with any interest in the Franchised Restaurant, unless the Franchisee is a Public Company; (ii) complete audited annual financial statements prepared in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located for the Franchised Restaurant and the total operations of Franchisee; and (iii) a statement verifying total monthly restaurant sales and ticket counts for the previous 12 twelve (12) months for the each Franchised Restaurant and separately for all Burger King Restaurants operated by Franchisee, certified by a certified public accountant Certified Public Accountant or the equivalent (and in the absence of an equivalent, then by such body with membership and constitution in the country in which the Franchised Restaurant is located as is designated by BKE FRANCHISOR from time to time); (d) copies of tax returns and remittances relating to the Franchised Restaurant at the same time the returns are filedRestaurants; and (e) such other information and records of any kind as BKE FRANCHISOR may reasonably require from time to time, including, without limitation, monthly financial information and performance data for the franchise performance tool administered by BKE, quarterly balance sheets and income statements and copies of any other documentation provided to the tax authorities taxing Authorities relating to the Franchised RestaurantRestaurants. To the extent that any of the foregoing reports and financial statements are required to be provided to FRANCHISOR’s Affiliate pursuant to the Investment Agreement or the MFDA, FRANCHISOR shall not require Franchisee to provide such reports or financial statements hereunder, it being the intention of the parties not to require Franchisee to provide duplicative reports and financial statements.

Sales and Other Reports, Financial Statements and Statement Verifying Sales. Franchisee must submit to BKEFRANCHISOR and BKAP, at such times as BKE designatesFRANCHISOR designate, the following by hard copy or electronic format prescribed by or otherwise acceptable to BKEFRANCHISOR and BKAP: (a) (i) daily, weekly and monthly total restaurant sales, ticket count and comparative sales reports; (ii) monthly product volume mix data; and (iii) monthly information obtained from evaluation and rating programs in which Franchisee is required to participate from time to time, including self-audits, product, facility, crew or service evaluation programs and customer satisfaction programs, all of the foregoing for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee and its Affiliates; (b) monthly, quarterly and fiscal year-to-date profit and loss statements prepared in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located for the Franchised Restaurant and the total operations of Franchisee including, without limitation, all Burger King Restaurants operated by Franchisee (which for the avoidance of doubt includes the main office function)Franchisee; (c) within ninety (90) days following the end of each fiscal year of Franchisee and at any time upon request by BKE (i) a full disclosure of all equity owners in Franchisee and any other person with any interest in the Franchised Restaurant; (ii) complete audited annual financial statements prepared in accordance with generally accepted accounting principles in the country where the Franchised Restaurant is located for the Franchised Restaurant and the total operations of Franchisee; and (iii) a statement verifying total monthly restaurant sales and ticket counts for the previous 12 months for the Franchised Restaurant and separately for all Burger King Restaurants operated by Franchisee, certified by a certified public accountant Certified Public Accountant or equivalent (and in the absence of an equivalent, then by such body with membership and constitution in the country in which the Franchised Restaurant is located as is designated by BKE FRANCHISOR from time to time); (d) copies of tax returns and remittances relating to the Franchised Restaurant at the same time the returns are filedRestaurant; and (e) such other information and records of any kind as BKE FRANCHISOR may reasonably require from time to time, including, without limitation, monthly financial information and performance data for the franchise performance tool administered by BKE, quarterly balance sheets and income statements and copies of any other documentation provided to the tax taxing authorities relating to the Franchised Restaurant.