EX-10.3
from 10-Q
1 page
Second Amendment That Certain Restaurant Lease of 28265 Diehl Road, Warrenville, Il 60555 Between Lagomorph, L.L.C., an Illinois Limited Liability Company, as Landlord, and Walnut Brewery, Inc., a Colorado Corporation D/B/a Rock Bottom Brewery, as Tenant, Is Hereby Amended as Follows: Article 11.04 Is Deleted in Its Entirety and Replaced With the Following: 11.04 Failure to Operate. Landlord and Tenant Acknowledge and Agree That the Parties Are Bound by the Terms of Section 2.6 of the Restrictive Agreement Which Provides That "Developer," as Defined in the Restrictive Agreement, Has the Right to Purchase Tenant's "Leasehold Estate," as Defined in the Restrictive Agreement, Should Tenant Fail to Continuously Operate and Keep Open to the Public All of the Property for a Period in Excess of One Hundred Eighty (180) Consecutive Calendar Days ("Developer's Right to Purchase"). Notwithstanding Anything in This Lease to the Contrary, Landlord and Tenant Agree That Landlord's Approval or Consent Shall Not Be Required to Any Transfer or Assignment Pursuant to an Exercise of Developer's Right to Purchase by the "Developer" Under the Restrictive Agreement. However, Developer Shall Provide Notice to Landlord That a Transfer or Assignment Has Occurred Under Developer's Right to Purchase. All Other Terms of the Restaurant Lease Remain Unmodified and in Force. Tenant: Landlord: By: By: William S. Hoppe, President David E. Carpenter, Manager Date: Date
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EX-10.2
from 10-Q
1 page
First Amendment That Certain Restaurant Lease of 28256 Diehl Road, Warrenville, Il 60555 Between Lagomorph, L.L.C., an Illinois Limited Liability Company, as Landlord, and Walnut Brewery, Inc., a Colorado Corporation D/B/a Rock Bottom Brewery, as Tenant, Is Hereby Amended as Follows: 1. as a Preamble Within Article 1, Above Article 1.01, the Following Is Added: "The Following Is Intended as a Summary of the Fundamental Terms of the Lease. in the Event of Any Conflict Between the Summary and the Terms of the Lease, the Terms of the Lease Shall Control:" 2. the First Line of Article 1.16 Is Changed From "As Required by the Declaration . . . " to "As Required by the Governing Documents . . ." 3. the Postamble to Article 1.19, Which Defines "Governing Documents" Is Revised to Include Easements as a Governing Document. 4. Article 9.01(d) Is Revised to Add the Words "And Tenant Shall Cause Landlord to Be Named as an Additional Insured Thereunder." All Other Terms of the Restaurant Lease Remain Unmodified and in Force. Tenant: Landlord: Walnut Brewery, Inc., Lagomorph, L.L.C., a Colorado Corporation an Illinois Limited Liability Company By: By: William S. Hoppe, President David E. Carpenter, Manager Date: Date
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EX-10.3
from 10-Q
1 page
Form of Amendment to Management Employee Agreement This Amendment to Management Employee Agreement (The "Amended Agreement") Dated January 23, 1998 Is Among Rock Bottom Restaurants, Inc., a Delaware Corporation (The "Company"), and (The "Employee"), and Is Part of the Management Employee Agreement, (The "Original Agreement") Dated July 11, 1997. Whereas, the Compensation Committee of the Company's Board of Directors Has Heretofore Determined That It Is the Best Interest of the Company to Maintain a Competitive Executive Compensation Package Within the Restaurant Industry; and Whereas, the Compensation Committee of the Company's Board of Directors Has Decided to Amend the Management Employment Agreement to Continue to Encourage the Employees Full Attention and Dedication to the Company. Now Therefore, the Parties Hereby Agree as Follows: 1. Section 2 of the Original Agreement Is Hereby Amended to Change Months to Eighteen (18) Months: 2. Section 2 (B) of the Original Agreement Is Hereby Amended by Deleting It in Its Entirety, and Inserting "Section 2 (B) Intentionally Left Blank." 3. Section 3 (A) of the Original Agreement Is Hereby Amended to Increase Continued Base Salary Regular Biweekly Payments to a Period of Twelve (12) Months After the Termination Date. Except as Specified in This Amended Agreement, the Provisions of the Original Agreement Remain in Full Force and Effect, and if There Is a Conflict Between the Terms of This Amendment and Those of the Original Agreement, the Terms of This Amendment Control. in Witness Whereof, the Parties Have Executed This Amendment Effctive as of the Date First Above Written. Agreed: Rock Bottom Restaurants, Inc. By: - Employee David M. Lux Chairman, Compensation Committee
12/34/56
EX-10.2
from 10-Q
1 page
Amended and Restated Executive Bonus Plan the Company's Amended and Restated Executive Bonus Plan Is Intended to Enhance the Alignment of the Creation of Value for Stockholders With Incentives Paid to Management, Through Payment of Bonuses Primarily With Equity Rather Than Cash. Under the Plan, the Executive Management Group Will Receive a Bonus Equal to a Percentage of Their Yearly Salary, Which Generally Will Be Paid in Restricted Stock. the Bonus Will Be Awarded by the Compensation Committee of the Board of Directors (The "Committee") Only if Certain Annual Target Financial Goals Are Met. the Chairman and CEO Is Eligible to Receive Up to 100% of His Base Salary as a Bonus, and the Executive Officers Are Eligible to Receive Up to 70% of Their Base Salary as a Bonus. an Additional Award of Restricted Stock, From 5% to 25% of Base Salary, May Be Made if Annual Target Financial Goals Are Exceeded. the Restricted Stock Granted Shall Vest, and Trading Restrictions on Those Shares Shall Lapse, Two Years From the Date of Issuance Provided Certain Target Financial Goals for Fiscal 1998 Are Achieved, and as Long as the Executive Continues to Be an Employee of the Company. in the Event of a Change of Control, as Defined in the Rock Bottom Restaurant, Inc. Equity Incentive Plan, All Unvested Shares Shall Vest Immediately, and Trading Restrictions of Those Shares Shall Lapse Immediately. the Committee Has the Discretion to Accelerate the Vesting of Unvested Shares. the Original Bonus Plan Was Approved by the Company's Board of Directors in April 1996, Amended on January 23, 1998 and Was Effective for the 1996 Fiscal Year
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