Burger King Holdings, Inc. Takeover Under Investor Investigation

If you are an investor in Burger King Holdings, Inc. (NYSE:BKC), who purchased BKC shares prior to August 30, 2010 and continue to hold those BKC shares, and/or if you have any information relating the investigation, you have certain options and you should contact the Shareholders Foundation, Inc.

To have your information reviewed for options and to recieve notifications about this investigation, please use this form. You may also send an email to mail@shareholdersfoundation.com, or call us at (858) 779-1554.

Company Name(s):

Burger King

Affected Securities:

NYSE: BKC

An investigation on behalf of investors of Burger King Holdings, Inc. (NYSE:BKC) over possible breaches of fiduciary duty by the Burger King board of directors in connection with the offer by 3G Capital to take over the fast food chain at $24 per share was announced.

The investigation by a law firm concerns whether Burger King Holdings, Inc and its Board breached their fiduciary duties in connection with the proposed takeover.

TPG, Bain Capital and Goldman Sachs bought Burger King from British drinks company Diageo (DGE.L) in 2002 for about $1.5 billion. Then in May 2006 Burger King went public. TPG, Bain Capital and Goldman Sachs remained to hold a stake in the company. Burger Kings revenue increased within the past four years from $2.234billion for the past 12 month reported on June 30, 2007 to $2.5022billion for the past 12 months reported on June 30, 2010. Its Net Income rose from $148million reported on June 30, 2007 to $189million reported on June 30, 2010. Shares of Burger King Holdings, Inc. (NYSE:BKC) traded at $16.67 per share on Tuesday, August 31, 2010 and jumped to almost $19 per share on Wednesday, after media reports spread the news that the international fast food chain was in talks with potential buyers.

Just 24 hours later Miami, Florida based Burger King Holdings, Inc. (NYSE: BKC) and 3G Capital announced on September 02, 2010, that they have entered into an agreement under which affiliates of 3G Capital will acquire the stock of Burger King Holdings for $24.00 per BKC share, or $4.0 billion, including the assumption of the Company's outstanding debt. According to Burger King Holdings its board of directors unanimously approved the agreement and the offer represents a 46% premium to Burger King’s unaffected share price before recent market rumors.

But the investigation by the law firm concerns whether the Burger King Board of Directors breached their fiduciary duties to Burger King stockholders by failing to adequately shop Burger King Holdings, Inc for a deal that would provide better value for shareholders before entering into the transaction and whether 3G is underpaying for Burger King Holdings, Inc. (NYSE:BKC), thus unlawfully harming BKC stockholders. Affiliates of TPG Capital LP, Goldman Sachs Capital Partners and Bain Capital Investors, which own approximately 31 percent of Burger King’s outstanding shares in the aggregate, have already entered into agreements pursuant to which they will tender their shares into the offer. Burger King stock BKC has traded for more than $22.00 per share earlier in the year, and during 2009 Burger Kind shares traded at almost $24 per share and during 2008 BKC stock reached over $30 per share.