QuickLinks
 -- Click here to rapidly navigate through this document

Exhibit 4.1  



	NUMBER	 	UNITS                  
	
U-	
 	

 
	

SEE REVERSE FOR

CERTAIN DEFINITIONS	
 	

 




RESTAURANT ACQUISITION

PARTNERS, INC.  


        CUSIP  


  
 

    UNITS CONSISTING OF ONE SHARE OF COMMON STOCK AND TWO WARRANTS EACH TO
  PURCHASE ONE
  SHARE OF COMMON STOCK    
    


        THIS CERTIFIES THAT                        is the owner
of                        Units.
 


        Each
Unit ("Unit") consists of one (1) share of common stock, par value $.0001 per share ("Common Stock"), of Restaurant Acquisition Partners, Inc., a Delaware corporation
(the "Company") and two
(2) warrants (the "Warrants"). Each Warrant entitles the holder to purchase one (1) share of Common Stock for [$5.00/ $6.00] per share (subject to adjustment).
Each Warrant will become exercisable on the later of (i) the consummation by the Company of a merger, capital stock exchange, asset acquisition or other similar business combination, and
(ii)                         , 2006 and will expire unless exercised before 5:00 p.m., New York City Time,
on                        , 2009 or the date fixed for redemption of the Warrants (the
"Expiration Date"). The Common Stock and Warrants comprising the Units represented by this certificate are transferable separately
beginning                        , 2006, subject to earlier separation at the
discretion of Capital Growth Financial, LLC. The terms of the Warrants are governed by a Warrant Agreement, dated as
of                        , 2005, between the Company and Continental Stock
Transfer & Trust Company, as Warrant Agent, and are subject to the terms and provisions contained therein, all of which terms and provisions the holder of this certificate consents to by
acceptance hereof. Copies of the Warrant Agreement are on file at the office of the Warrant Agent at 17 Battery Place, New York, New York 10004, and are available to any Warrant holder on written
request and without cost. 


        This
certificate is not valid unless countersigned by the Transfer Agent and Registrar of the Company. 


        Witness
the facsimile seal of the Company and the facsimile signature of its duly authorized officers. 



	By:	 	RESTAURANT ACQUISITION

PARTNERS, INC.

CORPORATE SEAL

2005

DELAWARE	 	 
	
 President	 	 	 	
 Secretary









 
Restaurant Acquisition Partners, Inc.  


        The Company will furnish without charge to each unitholder who so requests, a statement of the powers, designations, preferences and relative, participating,
optional or other special rights of each class of stock or series thereof of the Company and the qualifications limitations, or restrictions of such preferences and/or rights. 



        The
following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or
regulations: 



	TEN COM—	 	as tenants in common
	

TEN ENT—	
 	

as tenants by the entireties
	

JT TEN—	
 	

as joint tenants with right of survivorship and not as tenants in common
	

UNIF GIFT MIN ACT—	
 	

 	
 	

Custodian	
 	

 	
 	

 	
 	

 
	

 	
 	

 (Cust)	
 	

 	
 	

 (Minor)	
 	

 	
 	

 
	

 	
 	

Under Uniform Gifts to Minors Act	
 	

 	
 	

(State)
	

 	
 	

 	
 	

 	
 	

 	
 	

	
 	

 





Additional
Abbreviations may also be used though not in the above list. 


For value received,                        hereby sell, assign and transfer unto  









(PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE) 









(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) 


        Units
represented by the within Certificate, and do hereby irrevocably constitute and appoint                        Attorney to
transfer the said Units on the books of the within named Company
with full power of substitution in the premises. 



	Dated:	 	 	 	 	 	 
	 	 	
	 	 	 	 
	

 	
 	

 	
 	


	 	 	 	 	Notice:	 	The signature to this assignment must correspond with the name as written upon the face of the certificate in every particular, without alteration or enlargement or any change whatever.





Signature(s)
Guaranteed: 









THE
SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND
CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM, PURSUANT TO S.E.C. RULE 17Ad-15). 


2











QuickLinks


UNITS CONSISTING OF ONE SHARE OF COMMON STOCK AND TWO WARRANTS EACH TO PURCHASE ONE SHARE OF COMMON STOCK