X0303 4 2009-08-22 0 0001352801 Burger King Holdings Inc BKC 0001361354 Klein Russell 5505 BLUE LAGOON DRIVE MIAMI FL 33126 0 1 0 0 President, Global Marketing Common Stock 2009-08-22 4 D 0 6880 0.00 D 174142 D Common Stock 2009-08-24 4 F 0 11649 17.48 D 162493 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 6,880 of the 19,113 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 Russell B. Klein 2009-08-25