Sample Business Contracts

Employment Agreement [Amendment No. 2] - BUCA Inc. and Joseph P. Micatrotto

Employment Forms

Employment Agreement. Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
Consulting Agreement. Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
Commission Agreement. Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
Executive Employment Agreement. Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
Sales Representative Contract. Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
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                         AMENDMENT NO. 2 TO AMENDED AND
                          RESTATED EMPLOYMENT AGREEMENT

         THIS AGREEMENT is made as of the 9th day of December, 2002 (the
"Amendment") by and between BUCA, Inc., a Minnesota corporation (the "Company"),
and Joseph P. Micatrotto (the "Employee").

         WHEREAS, the Company and Employee entered into an Amended and Restated
Employment Agreement dated as of February 17, 1999 (as amended to the date
hereof, the "Employment Agreement"); and

         WHEREAS, the Company and Employee desire to make certain modifications
to the Employment Agreement.

         NOW THEREFORE, in consideration of the premises and the terms and
conditions hereinafter set forth, the parties hereto agree as follows:

         1.    Section 3 of the Employment Agreement is hereby amended by
replacing the date "December 31, 2003" in the first sentence with the date
"December 31, 2004."

         2.    Section 9(g) of the Employment Agreement is hereby amended by
replacing the term "Change of Control" in the fourth paragraph of such Section
with the term "Change in Control."

         3.    Section 10 of the Employment Agreement is hereby amended by
replacing (i) the phase "eighteen (18) month's base salary" in the third
paragraph of such Section with the phase "two (2) year's base salary" and (ii)
the phase "eighteen (18) equal installments" in the third paragraph of such
Section with the term "twenty-four (24) equal installments."

         4.    Except as is explicitly inconsistent, modified, supplemented or
amended by the express terms hereof, the Employment Agreement shall remain in
full force and effect.

         5.    This Amendment No. 2 to the Employment Agreement shall be
governed by, and construed in accordance with, the internal laws of the State of
Minnesota.

         6.    This Amendment may be executed in counterparts, each of which
shall be deemed an original, but each of which together shall constitute one and
the same instrument.

         IN WITNESS WHEREOF, the parties have executed this Amendment as of the
day and year first above written.

                                    BUCA, INC.

                                    By: /s/ Greg A. Gadel
                                        ----------------------------------------
                                        Its:  Executive Vice President,
                                              ----------------------------------
                                              Chief Financial Officer, Secretary
                                              ----------------------------------
                                              and Treasurer
                                              -------------

                                    /s/ Joseph P. Micatrotto
                                    --------------------------------------------
                                    Joseph P. Micatrotto