ARTICLES OF INCORPORATION OF PRETZEL TIME OF UTAH, INC. The undersigned, Michael R. Ward, acting as the sole Incorporator under the provisions of the Utah Revised Business Corporation Act, (S) 16-10a-101, et seq. ("URBCA"), adopts the following Articles of Incorporation: ARTICLE I NAME The name of this corporation is Pretzel Time of Utah, Inc. (the "Corporation"). ARTICLE II PURPOSE The purpose for which the Corporation is organized is to engage in any lawful act or activity for which corporations may be organized under the Act. ARTICLE III AUTHORIZED SHARES The total number of shares of capital stock which the Corporation shall have authority to issue is One Thousand (1,000) shares of Common Stock. Each share of Common Stock shall be entitled to one vote per share. ARTICLE IV INITIAL DIRECTORS The names and addresses of the initial directors of the Corporation are as follows: Larry A. Hodges 2855 East Cottonwood Parkway Suite 400 Salt Lake City, Utah 84121 1 Michael R. Ward 2855 East Cottonwood Parkway Suite 400 Salt Lake City, Utah 84121 ARTICLE V REGISTERED OFFICE AND AGENT The address of the registered office of the Corporation is 2855 East Cottonwood Parkway, Suite 400, Salt Lake City, Utah 84121. The name of the registered agent of the Corporation at that address is Michael R. Ward. ARTICLE VI LIMITATION OF LIABILITY A director of the Corporation shall not be personally liable to the Corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, except for liability (i) the amount of a financial benefit received by a director to which such director is not entitled; (ii) an intentional infliction of harm on the Corporation or the shareholders; (iii) a violation of Section 16-10a-842 of Utah Code Ann.; or (iv) an intentional violation of criminal law. If the laws of the State of Utah are amended after the adoption of these Articles of Incorporation to authorize corporate action further eliminating or limiting the personal liability of directors, then the liability of a director of the Corporation shall be eliminated or limited to the fullest extent permitted by the laws of the State of Utah, as so amended. Any repeal or modification of the foregoing paragraph by the stockholders of the Corporation shall not adversely affect any right or protection of a director of the Corporation existing at the time of such repeal or modification. [End of Articles of Incorporation] 2 IN WITNESS WHEREOF, the undersigned, being the sole Incorporator hereinbefore named, has executed these Articles of Incorporation for the purpose of forming a corporation pursuant to URBCA as of January ___, 2000. ____________________________________ Michael R. Ward, Sole Incorporator The appointment of the undersigned as Registered Agent of the Corporation is hereby accepted. ____________________________________ Michael R. Ward, Registered Agent 3