Big Buck Brewery & Steakhouse Inc – ‘10KSB’ for 12/31/00 – EX-10.4

On:  Monday, 4/2/01, at 1:50pm ET   ·   For:  12/31/00   ·   Accession #:  1104659-1-500233   ·   File #:  0-20845

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Annual Report — Small Business   —   Form 10-KSB
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10KSB       Annual Report -- Small Business                       31    174K 
 3: EX-10.38    Material Contract                                      6     27K 
 4: EX-10.39    Material Contract                                      6     27K 
 2: EX-10.4     Material Contract                                      2±    10K 
 5: EX-10.40    Material Contract                                      6     29K 
 6: EX-10.41    Material Contract                                      2     13K 
 7: EX-10.42    Material Contract                                      2     15K 
 8: EX-10.43    Material Contract                                      1      8K 
 9: EX-10.44    Material Contract                                      1     10K 
10: EX-10.45    Material Contract                                      3     16K 
11: EX-10.46    Material Contract                                     12     58K 
12: EX-10.47    Material Contract                                      2      9K 
13: EX-10.49    Material Contract                                     42    203K 
14: EX-23       Consent of Experts or Counsel                          1      8K 

EX-10.4   —   Material Contract

                                                                  EXHIBIT 10.4

AMENDMENT NO. 1 TO
 BIG BUCK BREWERY & STEAKHOUSE, INC.
 1999 EMPLOYEE STOCK PURCHASE PLAN

        Pursuant to the amendment authority retained by the Board of Directors
of Big Buck Brewery & Steakhouse, Inc. (the "Company") in Section 14 of the Big 
Buck Brewery & Steakhouse, Inc., 1999 Employee Stock Purchase Plan (the "Plan") 
adopted October 18, 1999, the Plan is hereby amended in the following respects: 

Section 4(a) is amended to read as follows:                   

          14       PURCHASE OF COMPANY STOCK.  A Participant may
                      purchase shares of Stock pursuant to the Plan by
                           means of either (a) payroll deductions or (b) payment
                      in the form of cash, cashier's check or personal
                      check ("Cash Payment"). Payroll deductions shall
                           occur on each payday during participation in the Plan
                    and shall be determined based upon the Payroll
                    Withholding Rate designated by the Participant
                          pursuant to Subsection (b) below. Cash Payment shall
                       be allowed only in the event that the amount of a
                           Participant's paycheck is insufficient to satisfy the
                           Participant's designated Payroll Withholding Rate (an
                         "Insufficient Paycheck"). The Company shall provide
                      the Participant with written notification of the
                           amount necessary to meet the Payroll Withholding Rate
                        at the time it delivers the Insufficient Paycheck.
                     The Participant must make a Cash Payment to the
                    Company in the amount necessary to satisfy the
                          Participant's Payroll Withholding Rate no later than
                          the date of the Participant's next paycheck in order
                           to continue as a Participant in that Offering Period.
                          If a Participant fails to make a timely Cash Payment
                         to satisfy his or her Payroll Withholding Rate, the
                           Participant shall no longer be considered an Eligible
                           Employee with respect to the current Offering Period.
                          The entire amount credited to the Participant's Plan
                           Account for that Offering Period shall be refunded to
                           him or her in cash, without interest. The Participant
                         may re-enroll in the Plan pursuant to the terms and
 conditions of Section 3(c).

        This Amendment shall be effective as of the date approved by the Board
of Directors. But for these changes the Plan established October 18, 1999, shall
remain in full force and effect.                                                

        IN WITNESS WHEREOF, an authorized representative of the Company hereby
signs and executes this Amendment as of the day and year first above written.   

Dated this 13 day of April, 2000                              

                               BIG BUCK BREWERY & STEAKHOUSE, INC.

                        By   /s/ William F. Rolinski
                                         -------------------------------------
          Its: President
                                         -------------------------------------

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10KSB’ Filing		Date		Other Filings
Filed on:		4/2/01		NT 10-K
For Period End:		12/31/00		10KSB/A
		10/18/99
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