FIRST AMENDMENT TO EMPLOYMENT
AGREEMENT
This First
Amendment to Employment Agreement (the “Amendment”) is
made as of the 30 th day of September, 2009, between BURGER KING
CORPORATION , a Florida corporation (the
“Company”), and Peter Robinson
(“Executive”). All capitalized terms used herein shall
have the meanings ascribed to them in the Employment Agreement,
unless otherwise defined herein.
WHEREAS , the Company and Executive entered into that
certain Employment Agreement dated as of August 22, 2006 (the
“Employment Agreement”); and
WHEREAS , The Company and Executive desire to amend the
Employment Agreement, on the terms and conditions set forth
herein.
NOW,
THEREFORE , in
consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Company and Executive hereby
agree as follows:
1.
International Assignment . The assignment described in that
certain International Assignment Letter between the Company, Burger
King Europe GmbH and Executive, dated August 22, 2006,
terminated effective September 30, 2009.
2. Position
. From and after October 1, 2009 (the “Effective
Date”), Section 2(b), line 2, of the Employment Agreement is
amended to provide that Executive’s position shall be changed
from “Executive Vice President and President, EMEA” to
“Executive Vice President”.
3. Signing
Bonus . Executive will receive a one-time signing bonus in the
gross amount of $35,000 (the “ Signing Bonus ”),
payable at the time of the Company’s first regular payroll
following November 1, 2009. Executive and the Company agree
that the Signing Bonus is not part of Executive’s Base
Salary.
4. Temporary
Housing; Furniture and Household Goods Storage . From and after
the Effective Date, the Company will provide Executive with the
following benefits:
(a)
Temporary Housing . The Company will provide Executive with
temporary furnished housing accommodations in the Miami-Dade
metropolitan area, in accordance with the Company’s
Relocation Policy, except that such temporary housing
accommodations will begin on the Effective Date and end on the
Termination Date. The income imputed to Executive, if any, for the
cost of these temporary housing accommodations will be grossed-up
for applicable taxes. Any such gross-up will be paid within the
time period proscribed by Section 409A of the United States
Internal Revenue Code of 1986, as amended (the “Code”).
Executive will be responsible for any damage to the housing
accommodations caused by Executive and/or his visitors.
(b)
Furniture and Household Goods Storage . The Company will pay
or reimburse Executive for the reasonable cost of storage of
Executive’s furniture and household goods at a single
location in the United States beginning on the Effective Date and
continuing until the earlier of (i) one (1