September 23, 2016 To: Brinker International, Inc. 6820 Lyndon B. Johnson Freeway Dallas, TX 75240 Attn: Joe Taylor Telephone: [**] Email: [**] From Bank of America, N.A. C/O Merrill Lynch, Pierce, Fenner & Smith Incorporated Bank of America Tower at One Bryant Park New York, NY 10036 Attn: Jake Mendelsohn Telephone: [**] Facsimile: [**] Re: Issuer Forward Repurchase Transaction (BofAML Reference Number: [**]) (September 23rd, 2016)
The purpose of this communication (this Confirmation) is to confirm the terms and conditions of the Transaction entered into between Bank of America, N.A. (BofA) and Brinker International, Inc. (Counterparty) on the Trade Date specified below (the Transaction). The terms of the Transaction shall be set forth in this Confirmation. This Confirmation shall constitute a Confirmation as referred to in the ISDA Master Agreement specified below.
SENIOR NOTES INDENTURE Dated as of September 23, 2016 Among BRINKER INTERNATIONAL, INC., THE GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO and U.S. BANK NATIONAL ASSOCIATION, as Trustee 5.000% SENIOR NOTES DUE 2024 (September 23rd, 2016)
INDENTURE, dated as of September 23, 2016, among Brinker International, Inc., a Delaware corporation (the Company), the Guarantors listed on the signature pages hereto and U.S. Bank National Association, as Trustee.
BRINKER INTERNATIONAL, INC. $350,000,000 5.000% Senior Notes Due 2024 Purchase Agreement (September 23rd, 2016)