Common use of Purchases of Notes Clause in Contracts

Purchases of Notes. The Company may, directly or through one or more of its subsidiaries, at any time purchase 2013 Notes in the open market or otherwise at any price (provided that they are purchased together with all unmatured 2013 Coupons relating to such 2013 Notes). The 2013 Notes so purchased need not be cancelled but may not be re-issued or resold except by Fortune Brands, Inc. in connection with the Company’s initial issuance of the 2013 Notes. 2013 Notes so acquired may be delivered to the Fiscal Agent for cancellation or otherwise.

Purchases of Notes. The Company may, directly or through one or more of its subsidiaries, at any time purchase 2013 2009 Notes in the open market or otherwise at any price (provided that they are purchased together with all unmatured 2013 2009 Coupons relating to such 2013 2009 Notes). The 2013 2009 Notes so purchased need not be cancelled but may not be re-issued or resold except by Fortune Brands, Inc. in connection with the Company’s initial issuance of the 2013 2009 Notes. 2013 2009 Notes so acquired may be delivered to the Fiscal Agent for cancellation or otherwise.