X0303 4 2009-08-22 0 0001352801 Burger King Holdings Inc BKC 0001366874 Fallon Charles 5505 BLUE LAGOON DRIVE MIAMI FL 33126 0 1 0 0 President, North America Common Stock 2009-08-22 4 D 0 4825 0.00 D 72127 D Common Stock 2009-08-24 4 F 0 6751 17.48 D 65376 D The shares reported represent a forfeiture of performance based restricted stock granted to the Reporting Person by the Issuer on August 22, 2008. The shares had a one year performance period that began on July 1, 2008 and ended on June 30, 2009. Since the performance condition was not satisfied, the Reporting Person forfeited 4,825 of the 13,403 shares granted on August 22, 2008. Shares of performance based restricted stock withheld by the Issuer in order to satisfy Reporting Person's tax obligations in connection with the settlement of performance based restricted stock. /s/ Lisa Giles-Klein as Attorney in Fact for Charles M. Fallon, Jr. 2009-08-25