Burger King 2009 Annual Report Download - page 215

Value of any Shares (including Shares withheld for taxes) received upon the settlement of Performance Shares during the period beginning
on the date that is one year before the date of your termination and ending on the first anniversary of the date of your termination. The Fair
Market Value of any such Shares shall be determined as of the date the Performance Shares were settled.
Company’s Right of Offset.
If you become entitled to a distribution of benefits under this Individual Award, and if at such time you have any outstanding debt,
obligations or other liability representing an amount owing to the Company or any of its Affiliates, then the Company or its Affiliates, upon a
determination by the Committee, and to the extent permitted by applicable law, may offset such amount so owing against the amount of
benefits otherwise distributable.
Acknowledgment of Nature of Award.
In accepting this grant of an Individual Award, you acknowledge that:
(a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or
terminated by the Company at any time, as provided in the Plan;
(b) this grant of an Individual Award is voluntary and occasional and does not create any contractual or other right to receive future awards
of Performance Shares, or benefits in lieu Performance Shares even if Performance Shares have been awarded repeatedly in the past;
(c) all decisions with respect to future awards, if any, will be at the sole discretion of the Company;
(d) your participation in the Plan is voluntary;
(e) this Individual Award is an extraordinary item that does not constitute compensation of any kind for services of any kind rendered to the
Company or to the Employer and is outside the scope of your employment contract, if any;
(f) this Individual Award is not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculation
of any severance, resignation, termination, redundancy, end of service payments, bonuses, long−service awards, pension or retirement
benefits or similar payments;
(g) neither this Individual Award nor any provision of this Award Agreement, the Plan or the policies adopted pursuant to the Plan confer
upon you any right with respect to employment or continuation of current employment, and in the event that the Employee is not an employee
of the Company, Performance Shares shall not be interpreted to form an employment contract or relationship with the Company;
(h) the future value of the underlying Shares is unknown and cannot be predicted with certainty;