NON-INCENTIVE STOCK OPTION AGREEMENT Under AMENDED AND RESTATED 2002 EQUITY PARTICIPATION PLAN ofNon-Incentive Stock Option Agreement • December 22nd, 2008 • Wendy's/Arby's Group, Inc. • Retail-eating & drinking places
WENDY’S/ARBY’S GROUP, INC. (the "Company"), pursuant to the terms of its Amended and Restated 2002 Equity Participation Plan, as amended (as so amended, the "Plan"), hereby irrevocably grants to ____________________ (the "Optionee") the right and option to purchase _______ shares of Class A Common Stock, par value $0.10 per share (the "Common Stock"), of the Company upon and subject to the following terms and conditions:
ARBY’S RESTAURANT GROUP, INC.Wendy's/Arby's Group, Inc. • December 22nd, 2008 • Retail-eating & drinking places • Delaware
As we have discussed, it is with great pleasure that we hereby confirm your employment as President and Chief Executive Officer of Arby’s Restaurant Group, Inc., (“Arby’s”) on the terms and conditions set forth in this letter agreement and in the attached term sheet (the “Term Sheet”), which Term Sheet is hereby incorporated herein by reference. This letter agreement sets forth our amended and restated understanding effective as of December 18, 2008 (the “Effective Date”) and the prior letter agreement dated as of May 27, 2005 by and between you and Arby’s is hereby superseded in its entirety. You further agree to accept election and to serve as a director, officer, manager or representative of any subsidiary of Arby’s without any compensation therefor, other than as provided in this letter agreement. You will report to the President and Chief Executive Officer of Wendy’s/Arby’s Group, Inc. (“Wendy’s/Arby’s”) and your duties will be performed primarily at the corporate headquarters of
WENDY’S/ARBY’S GROUP, INC.Wendy's/Arby's Group, Inc. • December 22nd, 2008 • Retail-eating & drinking places • Delaware
As we have discussed, it is with great pleasure that we hereby confirm your employment as President and Chief Executive Officer of Wendy’s/Arby’s Group Inc., (“Wendy’s/Arby’s”) on the terms and conditions set forth in this letter agreement and in the attached term sheet (the “Term Sheet”), which Term Sheet is hereby incorporated herein by reference. This letter agreement sets forth our amended and restated understanding effective as of December 18, 2008 (the “Effective Date”) and the prior letter agreement dated as of April 13, 2006, which was subsequently amended on January 18, 2007 and on March 23, 2007 by and between you and Arby’s Restaurant Group, Inc., (“Arby’s”) is hereby superseded in its entirety. You further agree to accept election and to serve as a director, officer, manager or representative of any subsidiary of Wendy’s/Arby’s without any compensation therefor, other than as provided in this letter agreement. You will report to the Board of Directors of Wendy’s/Arby’s (the
