0000950123-09-038762 Sample Contracts

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • August 27th, 2009 • Burger King Holdings Inc • Retail-eating places • Florida

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of December 8, 2008 by and between Burger King Corporation, a Florida corporation (together with any Successor thereto, the “Company”), and Charles M. Fallon (“Executive”).

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BURGER KING HOLDINGS, INC. 2006 OMNIBUS INCENTIVE PLAN PERFORMANCE AWARD RESTRICTED STOCK UNITS
Performance Award Agreement • August 27th, 2009 • Burger King Holdings Inc • Retail-eating places • Florida

Unless defined in this Performance Award Agreement (this “Award Agreement”), capitalized terms will have the same meanings ascribed to them in the Burger King Holdings, Inc. 2006 Omnibus Incentive Plan (as it may be amended from time to time, the “Plan”).

BURGER KING HOLDINGS, INC. 2006 OMNIBUS INCENTIVE PLAN PERFORMANCE AWARD
Performance Award Agreement • August 27th, 2009 • Burger King Holdings Inc • Retail-eating places • Florida

Unless defined in this Performance Award Agreement (this “Award Agreement”), capitalized terms will have the same meanings ascribed to them in the Burger King Holdings, Inc. 2006 Omnibus Incentive Plan (as it may be amended from time to time, the “Plan”).

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