Common use of EXECUTED AS AN AGREEMENT Clause in Contracts

EXECUTED AS AN AGREEMENT. SIGNED FOR AND ON BEHALF OF Print Name: Title: Witness Signature: Witness Name: Witness Title: SIGNED FOR AND ON BEHALF OF Print Name: Title: Witness Signature: Witness Name: Witness Title: SIGNED BY AS CO-DEBTOR Witness Signature: Witness Name: Witness Title: Franchisee: [Insert name of franchise entity with mailing address] Principal (Clause 4.2): [List all shareholders of Franchisee with mailing address and classes of shares and percentage of total shareholdings] Shareholders in Principal (Clause 4.2): [List all shareholders of each Principal with mailing addresses and classes of shares and percentage of total shareholdings] Co-Debtor (Section 19): TAB GIDA SANAYI VE TICARET AS (TAB FOOD INDUSTRY AND TRADING INC.) of Emirhan Cad. No: 109, Atakule 34349, Dikilitaş / Beşiktaş İstanbul, Turkey [If Developer is not also the Franchisee] TFI TAB GIDA YATIRIMLARI A.Ş. of Emirhan Cad. No: 109, Atakule 34349 Dikilitaş / Beşiktaş İstanbul, Turkey Location: [Insert street address of Burger King Restaurant] and more particularly delineated in the plan attached to Franchisee’s real estate package as finally approved by BKE. Term (Clause 1.1): 20 years Opening Date (Clause 1.1): [Insert date on which Franchisee opens Restaurant for business] Franchise Fee (Clause 2.2): (This material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the Commission.) Royalty Percentage (Clause 8.1): 4% for Company Outlets (as defined in the DA); 3.5% for Sub-franchised Outlets (as defined in the DA) Advertising Percentage (Clause 8.2) 4% Currency (Clauses 8.8) Location of BKE’s bank account (Clauses 8.8) Reference Rate (Clauses 8.8) Transfer Fee (Clause 14.2): US$10,000 per Franchised Restaurant Managing Owner (Clause 4.3): [Insert name of Managing Owner] Operations Director (Clause 4.4): [Insert name of Operations Director] Governing Law (Clause 18.3): Substantive Swiss Law to the exclusion of the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11 April 1980. [Filed herewith as Annex 7 to this Master Franchise and Development Agreement] The Sub-franchisee shall not directly or indirectly have any interest in any fast food hamburger operation or business anywhere in the world except as a shareholder in a publicly listed enterprise where such shareholding is not sufficient to confer on the Sub- franchisee any ability to materially influence the affairs of such undertaking. The Subfranchise shall not be a subsidiary or affiliate of any company which operates any fast food hamburger or quick service restaurant operation anywhere in the world, except under licence from BK. The same condition shall apply in relation to a Sub-franchisee who directly or indirectly has any interest in any quick service restaurant anywhere in the world, except that the Developer may request the permission of BK to approve such person on an individual basis. The Sub-franchisee must comply with the following elements of BKC’s Expansion Policy for EMA: staffing; training; and financial ratios (debt/equity ratio will be 70/30). Sub-franchising process starts with the receipt of the preliminary questionnaire form. The Franchise Associate reads the content of the preliminary application form, - approves/rejects initially the profile (based on age and education level of the candidate), calls the proposed Sub-franchisee if necessary to discuss the contents. If the candidate is approved, Franchise Associate forwards the Initial Franchise Application Form (Appendix II) to the prospective Sub-franchisee. The preliminary questionnaire form with its date of receipt will be put into the file system. Once in receipt of the completed application and supporting documentation, the Franchising Manager controls, if the Sub-franchisee criteria are met. Furthermore it may be required to make a background research. Franchising Manager may demand from Associate to make a further check on the application prior to interviews, if the prospective Sub-franchisee fits to the business so far, Franchise Associate calls him to arrange an interview with Franchising Manager. The Initial Application Form with its date of receipt will be put into the file system. The interview is aimed to verify the legal, personal, background and professional fit of the prospective Sub-franchisee and to clear any questions left open in the Application Form. If the candidate is successful so far, Franchise Associate arranges an interview with the Human Resources Manager. The interview with the Human Resources Manager is aimed to verify the personality fit of the Sub-franchisee, if the candidate is successful, he will be invited to the orientation training after signing the Initial Training Agreement.

EXECUTED AS AN AGREEMENT. SIGNED FOR AND ON BEHALF OF Print Name: Title: Witness Signature: Witness Name: Witness Title: SIGNED FOR AND ON BEHALF OF Print Name: Title: Witness Signature: Witness Name: Witness Title: SIGNED BY AS CO-DEBTOR Witness Signature: Witness Name: Witness Title: Franchisee: [Insert name of franchise entity with mailing address] Principal (Clause 4.2): [List all shareholders of Franchisee with mailing address and classes of shares and percentage of total shareholdings] Shareholders in Principal (Clause 4.2): [List all shareholders of each Principal with mailing addresses and classes of shares and percentage of total shareholdings] Co-Debtor (Section 19): TAB GIDA SANAYI VE TICARET AS (TAB FOOD INDUSTRY AND TRADING INC.) of Emirhan Cad. No: 109, Atakule 34349, Dikilitaş / Beşiktaş İstanbul, Turkey [If Developer is not also the Franchisee] TFI TAB GIDA YATIRIMLARI A.Ş. of Emirhan Cad. No: 109, Atakule 34349 Dikilitaş / Beşiktaş İstanbul, Turkey Location: [Insert street address of Burger King Restaurant] and more particularly delineated in the plan attached to Franchisee’s real estate package as finally approved by BKE. Term (Clause 1.1): 20 years Opening Date (Clause 1.1): [Insert date on which Franchisee opens Restaurant for business] Franchise Fee (Clause 2.2): (This material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the Commission.) US$20,000 Royalty Percentage (Clause 8.1): 4% for Company Outlets (as defined in the DA); 3.5% for Sub-franchised Outlets (as defined in the DA) Advertising Percentage (Clause 8.2) 4% Currency (Clauses 8.8) Location of BKE’s bank account (Clauses 8.8) Reference Rate (Clauses 8.8) Transfer Fee (Clause 14.2): US$10,000 per Franchised Restaurant Managing Owner (Clause 4.3): [Insert name of Managing Owner] Operations Director (Clause 4.4): [Insert name of Operations Director] Governing Law (Clause 18.3): Substantive Swiss Law to the exclusion of the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11 April 1980. [Filed herewith as Annex 7 to this Master Franchise and Development Agreement] The Sub-franchisee shall not directly or indirectly have any interest in any fast food hamburger operation or business anywhere in the world except as a shareholder in a publicly listed enterprise where such shareholding is not sufficient to confer on the Sub- franchisee any ability to materially influence the affairs of such undertaking. The Subfranchise shall not be a subsidiary or affiliate of any company which operates any fast food hamburger or quick service restaurant operation anywhere in the world, except under licence from BK. The same condition shall apply in relation to a Sub-franchisee who directly or indirectly has any interest in any quick service restaurant anywhere in the world, except that the Developer may request the permission of BK to approve such person on an individual basis. The Sub-franchisee must comply with the following elements of BKC’s Expansion Policy for EMA: staffing; training; and financial ratios (debt/equity ratio will be 70/30). Sub-franchising process starts with the receipt of the preliminary questionnaire form. The Franchise Associate reads the content of the preliminary application form, - approves/rejects initially the profile (based on age and education level of the candidate), calls the proposed Sub-franchisee if necessary to discuss the contents. If the candidate is approved, Franchise Associate forwards the Initial Franchise Application Form (Appendix II) to the prospective Sub-franchisee. The preliminary questionnaire form with its date of receipt will be put into the file system. Once in receipt of the completed application and supporting documentation, the Franchising Manager controls, if the Sub-franchisee criteria are met. Furthermore it may be required to make a background research. Franchising Manager may demand from Associate to make a further check on the application prior to interviews, if the prospective Sub-franchisee fits to the business so far, Franchise Associate calls him to arrange an interview with Franchising Manager. The Initial Application Form with its date of receipt will be put into the file system. The interview is aimed to verify the legal, personal, background and professional fit of the prospective Sub-franchisee and to clear any questions left open in the Application Form. If the candidate is successful so far, Franchise Associate arranges an interview with the Human Resources Manager. The interview with the Human Resources Manager is aimed to verify the personality fit of the Sub-franchisee, if the candidate is successful, he will be invited to the orientation training after signing the Initial Training Agreement.