Burger King 2009 Annual Report Download - page 141

(l) Certain Other Definitions.
“Affiliate”: with respect to any Person, means any other Person that, directly or indirectly through one or more intermediaries, Controls, is Controlled by,
or is under common Control with the first Person, including but not limited to a Subsidiary of any such Person.
“Control” (including, with correlative meanings, the terms “Controlling,” “Controlled by” and “under common Control with”): with respect to any
Person, shall mean the possession, directly or indirectly, severally or jointly, of the power to direct or cause the direction of the management and policies of
such Person, whether through the ownership of voting securities, by contract, or otherwise.
“Person”: any natural person, firm, partnership, limited liability company, association, corporation, company, trust, business trust, governmental
authority or other entity.
“Strategic Buyer”: an entity that is engaged in the production of goods or the provision of services other than the investment of capital. Solely by way of
example, and without limiting the foregoing, Berkshire Hathaway, Inc. would not be a Strategic Buyer for purposes of this Agreement.
“Subsidiary”: with respect to any Person, each corporation or other Person in which the first Person owns or Controls, directly or indirectly, capital stock
or other ownership interests representing fifty percent (50%) or more of the combined voting power of the outstanding voting stock or other ownership
interests of such corporation or other Person.
“Successor”: of a Person means a Person that succeeds to the first Person’s assets and liabilities by merger, liquidation, dissolution or otherwise by
operation of law, or a Person to which all or substantially all the assets and/or business of the first Person are transferred.
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