EMPLOYMENT AGREEMENT Between THE TDL GROUP CORP. And TIM HORTONS INC. And [NAME OF EXECUTIVE]Employment Agreement • September 28th, 2009 • Tim Hortons Inc. • Retail-eating places • Ontario
An Employment Agreement (the “Prior Agreement”) was made and entered into as of December 5, 2006, by and between The TDL Group Corp., a Nova Scotia unlimited liability company (the “EMPLOYER”), TIM HORTONS INC., a Delaware corporation (“THI USA”) and [Name of Executive], an individual (the “EXECUTIVE”). Effective as of September 28, 2009, as a result of a corporate reorganization, TIM HORTONS INC., a corporation incorporated under the Canada Business Corporations Act (“THI”) is the publicly traded ultimate parent company of the EMPLOYER. Effective as of September 28, 2009, this Employment Agreement (“Agreement”) hereby replaces and supersedes the Prior Agreement, in its entirety.
AMENDED AND RESTATED DEFERRED STOCK UNIT AWARD AGREEMENT (with related Dividend Equivalent Rights) (Canadian Directors) Tim Hortons Inc. Date , 2009Stock Unit Award Agreement • September 28th, 2009 • Tim Hortons Inc. • Retail-eating places • Ontario
WHEREAS this deferred stock unit award agreement (“Agreement”) was originally made effective as of the day of , 20 (the “Effective Date”) between Tim Hortons Inc., a Delaware corporation (“THI USA”), and (the “Grantee”);
EMPLOYMENT AGREEMENT Between THE TDL GROUP CORP. And TIM HORTONS INC. And DONALD B. SCHROEDERTim Hortons Inc. • September 28th, 2009 • Retail-eating places • Ontario
An employment agreement was entered into as of December 5, 2006, by and between The TDL Group Corp., a Nova Scotia unlimited liability company (the “EMPLOYER”), TIM HORTONS INC., a Delaware corporation (“THI USA”) and Donald B. Schroeder, an individual, (the “EXECUTIVE”). It was subsequently amended and restated in its entirety effective as of November 5, 2008 (the “Prior Agreement”). Effective as of September 28, 2009, as a result of a corporate reorganization, TIM HORTONS INC., a corporation incorporated under the Canada Business Corporations Act (“THI”) is the publicly traded ultimate parent company of the EMPLOYER. Effective as of September 28, 2009, this Employment Agreement (“Agreement”) hereby replaces and supersedes the Prior Agreement, in its entirety.
Director, Officer, Employee and Agent Indemnity Agreement for Tim Hortons Inc. INDEMNITY AGREEMENTIndemnity Agreement • September 28th, 2009 • Tim Hortons Inc. • Retail-eating places • Ontario
ASSIGNMENT, ASSUMPTION AND AMENDMENT OF TIM HORTONS INC. U.S. NON-EMPLOYEE DIRECTORS’ DEFERRED COMPENSATION PLANDeferred Compensation Plan • September 28th, 2009 • Tim Hortons Inc. • Retail-eating places • Delaware
THIS ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT (the “Agreement”) is hereby made this 25th day of September, 2009, by and between Tim Hortons Inc., a Delaware corporation (the “Assignor”) and Tim Hortons USA Inc., a Delaware corporation (the “Assignee”).
AMENDED AND RESTATED SENIOR FACILITIES CREDIT AGREEMENT dated as of September 28, 2009 among TIM HORTONS INC. and THE TDL GROUP CORP. as Canadian Borrowers and TIM HORTONS USA INC. as U.S. Borrower and THE LENDERS FROM TIME TO TIME PARTIES HERETO as...Credit Agreement • September 28th, 2009 • Tim Hortons Inc. • Retail-eating places • Ontario
THIS AMENDED AND RESTATED CREDIT AGREEMENT is dated as of September 28, 2009 and is entered into among TIM HORTONS INC. and THE TDL GROUP CORP., as Canadian Borrowers, TIM HORTONS USA INC., as U.S. Borrower, the Lenders from time to time parties hereto as Lenders, JPMORGAN CHASE BANK, N.A., TORONTO BRANCH and THE BANK OF NOVA SCOTIA, as Canadian Co-Administrative Agents, JPMORGAN CHASE BANK, N.A., as U.S. Administrative Agent, and THE BANK OF NOVA SCOTIA and JPMORGAN CHASE BANK, N.A., as Issuing Banks.
EQUITY AND BENEFIT PLAN ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • September 28th, 2009 • Tim Hortons Inc. • Retail-eating places • Ontario
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is hereby made to be effective as of the 25th day of September, 2009, by and between Tim Hortons Inc., a Delaware corporation (the “Assignor”) and Tim Hortons Inc., a corporation incorporated under the Canada Business Corporations Act (the “Assignee”).
AMENDMENT NO. 1 TO RIGHTS AGREEMENTRights Agreement • September 28th, 2009 • Tim Hortons Inc. • Retail-eating places • Delaware
AMENDMENT NO. 1, dated as of September 27, 2009 (this “Amendment No. 1”), to the Rights Agreement (“Rights Agreement”), dated as of February 28, 2006, between Tim Hortons Inc., a Delaware corporation (the “Company”), and Computershare Investor Services, LLC (the “Rights Agent”). Capitalized terms used in this Amendment No. 1 but not otherwise defined herein shall have the meanings ascribed to such terms in the Rights Agreement.
