* |
If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
** |
Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) |
Certain of these shares represent shares of restricted stock issued under a Bloomin' Brands, Inc. stock plan and are subject to risk of forfeiture. |
(2) |
These shares are held by the reporting person as custodian for his minor son under the Florida Uniform Transfers to Minors Act. The reporting person disclaims beneficial ownership of these shares, and this report shall not be deemed an admission that the reporting person is the beneficial owner of these shares for purposes of Section 16 or for any other purpose. |
(3) |
On April 6, 2010, the reporting person was granted a replacement stock option with an exercise price of $6.50 in exchange for an outstanding stock option with an exercise price of $10.00 per share. The original stock option was cancelled. Under the exchange program, the vested portion of the eligible stock options as of the grant date of the replacement stock options were exchanged for stock options that were fully vested. The unvested portion of the exchanged stock options were exchanged for unvested replacement stock options that vest and become exercisable over a period of time that is equal to the remaining vesting period of the exchanged stock options, plus one year, subject to the participant's continued employment through the new vesting date. |
(4) |
This option is a replacement stock option and the remaining unvested portion vests in four equal installments beginning on October 25, 2010. |