FDD Talk 2013: Average Gross Sales for Beef ‘O’ Brady’s Family Sports Pubs in the Mid South and Midwest Regions (2013 FDD)

Highlights of Beef ‘O’ Brady’s Item 19 Financial Performance Representations (2013 FDD) – Part 2

• The term “Gross Sales” means all revenue derived from operating a Family Sports Pub, including, but not limited to, all amounts it receives at or away from the Site from any activities or services whatsoever including any that are in any way associated with the Marks, and whether from cash, check, barter, credit or debit card or credit transactions, including the redemption value of gift certificates redeemed by the Pub regardless of whether such gift certificates are issued by it or someone else; but excluding:

• (1) all federal, state, or municipal sales, use, or services taxes collected from customers and paid to the appropriate taxing authority; and

• (2) customer refunds, adjustments, credits, and allowances actually made by the Family Sports Pub.

• Gross Sales also includes revenues from delivery service sales, retail, concessions, hotel room service, catering, special functions, etc. and sales of products bearing or associated with the Marks.

• The term “Adjusted Gross Sales” means Gross Sales less:

• (1) complimentary food and beverage service, or sums collected and actually paid by you for any sales, drink, or other excise tax imposed by any duly constituted governmental authority on alcoholic beverage sales in a state that prohibits the payment of Royalties on such sales;

• (2) the value of gift certificates and the amounts paid for them;

• (3) the amount of over-rings, allowances, discounts to customers, tips to employees (including discounts attributable to coupon sales, provided they have been included in Gross Sales); and

• (4) isolated sales of non-inventory items or the bulk sales of the business itself, if the same have been included in Gross Sales.

• The historic sales data in this Financial Performance Representation reflects the Average Adjusted Gross Sales for franchised Beef ‘O’ Brady’s Family Sports Pubs. Company-owned restaurants are not included.

• Characteristics of the included restaurants may differ substantially from your restaurant depending on your previous experience, competition in your area, and length of time that the included restaurants have operated as compared to your restaurant.

All Franchised Mature Beef ‘O’ Brady’s Restaurants – Mid South Region (Consisting of Alabama, Arkansas, Louisiana, Mississippi, and Texas)

2012