“SAFE HARBOR” STATEMENT
Tim Hortons Inc. management believes in sharing important information about the prospects of Tim Hortons Inc. (the “Corporation”) with its shareholders. This may include statements made by the Corporation’s officers during today’s meeting, or in printed materials, concerning such topics as our expectations for the consummation and effects of the transaction with Burger King Worldwide, Inc., among others (the “Transaction”), and our expectation for other economic, business, and/or competitive factors that may affect the Corporation, all of which may constitute forward-looking information within the meaning of Canadian securities laws and forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. We refer to all of these as “forward-looking statements.”
The Private Securities Litigation Reform Act of 1995 provides a “safe harbor” for forward-looking statements to encourage companies to provide prospective information, so long as those statements are identified as forward-looking and are accompanied by meaningful cautionary statements identifying important factors that could cause actual results to differ materially from those disclosed in the statement. Canadian securities laws have corresponding safe harbor provisions, subject to certain additional requirements, including the requirement to state the material assumptions underlying the forward-looking statements. The Corporation desires to take advantage of these “safe harbor” provisions.
Various factors, including competition in the quick service restaurant segment of the food service industry, general economic conditions and others described as “risk factors” in the Corporation’s 2013 Annual Report on Form 10-K filed with the U.S. Securities and Exchange Commission, at www.sec.gov, and the Canadian Securities Administrators, at www.sedar.com, on February 25, 2014, and the joint information statement/circular of Burger King Worldwide Inc. and the Corporation dated November 5, 2014, and as may be updated in subsequent public securities filings, could affect the Corporation’s actual results and cause such results to differ materially from those expressed in forward-looking statements. As such, you are cautioned not to place undue reliance on any forward-looking statements made during today’s meeting, which speak only as to management’s expectations on the date hereof. Forward-looking statements are based on a number of assumptions which may prove to be incorrect, including, but not limited to, assumptions (a) that the Transaction will be completed in accordance with the terms and conditions of the arrangement agreement and plan of merger and on the timelines contemplated by the parties thereto, (b) that court, shareholder, stock exchange and regulatory approvals will be obtained on the basis and timelines anticipated by the parties, (c) that the securities of 9060669 Canada Inc. and New Red Canada Limited Partnership will be approved for listing on the New York Stock Exchange and/or the Toronto Stock Exchange, as applicable, and (d) that the other conditions to the closing of the Transaction will be satisfied. We are presenting this information for the purpose of informing you of management’s current expectations regarding these matters, and this information may not be appropriate for any other purposes.
We assume no obligation to update or alter any forward-looking statements after they are made, whether as a result of new information, future events, or otherwise, except as required by applicable law. Please review the Corporation’s Safe Harbor Statement at http://www.timhortons.com/ca/en/corporate/safe-harbor.php.