0000950144-08-003766 Sample Contracts

UNDERWRITING AGREEMENT BURGER KING HOLDINGS, INC. 15,000,000 Shares of Common Stock
Underwriting Agreement • May 8th, 2008 • Burger King Holdings Inc • Retail-eating places • New York

Each of the stockholders listed on Schedule 1 hereto (each a “Selling Stockholder” and, together, the “Selling Stockholders”) proposes to sell, severally and not jointly, to Goldman, Sachs & Co. (the “Underwriter”) 15,000,000 shares of common stock, par value $0.01 per share, of Burger King Holdings, Inc., a Delaware corporation (the “Company” and such shares, the “Shares”), as set forth on Schedule 1 hereto. The common stock of the Company is herein referred to as the “Stock.”

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