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1)
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Title
of each class of securities to which transaction applies:
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|
2)
|
Aggregate
number of securities to which transaction
applies:
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3)
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Per
unit price or other underlying value of transaction computed
pursuant to
Exchange Act Rule 0-11 (set forth the amount on which
the filing fee is
calculated and state how it was determined):
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4)
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Proposed
maximum aggregate value of transaction:
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5)
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Total
fee paid:
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1)
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Amount
Previously Paid:
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2)
|
Form,
Schedule or Registration Statement No.:
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3)
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Filing
Party:
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4)
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Date
Filed:
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To:
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Managing
Partners and Chef Partners who will receive a Supplemental PEP
Contribution
|
|
From:
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OSI
Restaurant Partners, Inc. and
MullinTBG
|
|
Re:
|
(1)
OSI “Going Private” Transaction and contribution to your PEP
Account
|
|
Q.
|
If
I am entitled to a Supplemental PEP Contribution (as outlined by
Joseph
Kadow - memorandum dated
|
| · |
Upon
the closing of the transaction, any Supplemental PEP Contribution
you are
entitled to (net of required FICA withholding and income tax on the
FICA
withholding amount) will be credited to the PEP and allocated to
the Money
Market Fund, provided that you complete and return the participation
agreement relating to the Supplemental PEP Contribution that will
be
provided to you under separate cover.
|
| · |
You
will be given instructions on using the Plan website to allocate
the
contribution to a selection of benchmark funds of your
choice.
|
| · |
If
you do not make an allocation, the account balance will credited
to the
Money Market benchmark fund.
|
| · |
Regardless
of the benchmark funds you select, you do not have an actual investment
in
the funds themselves, and your rights under the PEP are those of
an
unsecured creditor of the Company.
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|
Q.
|
What
will be the distribution schedule for my PEP
Account(s)?
|
|
A.
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The
distribution schedule for each account depends on the completion
date of
the related employment contract.
|
| · |
25%
of the balance 5 years after completion of the employment
contract
|
| · |
A
third of the remaining balance 7 years after
completion
|
| · |
The
remainder 10 years after completion
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|
Q.
|
Where
can I find an up-to-date review of the PEP, including the most
recent
changes?
|
| · |
View
a recorded audio-visual presentation on the Plan at http://www.brainshark.com/mullintbg/OSI2007PEP.
|
| · |
Review
the revised Plan Highlights, Plan Overview Slide Presentation, Plan
Prospectus and Frequently Asked Questions on the Outback
Portal.
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|
Q.
|
Why
am I receiving a Consent to
Insurance?
|
|
A.
|
OSI
may elect to support its financial commitment under the PEP by
purchasing
life insurance on Plan participants. This insurance, if it is purchased,
will be owned by and payable to a trust set up by OSI. You would
have no
direct interest in the insurance on your life. We are asking you
to please
sign and return the enclosed Consent to Insurance to MullinTBG
by April 6.
A postage-paid return envelope is
provided.
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