Fourth Amendment to the O'Charley's Inc. 1990 Employee Stock Plan

Summary

This amendment updates the O'Charley's Inc. 1990 Employee Stock Plan, specifically changing the rules about how stock options can be transferred. It states that non-qualified stock options can only be transferred with committee approval or to immediate family members or certain trusts, or by inheritance. Incentive stock options can only be transferred by inheritance and must be exercised by the original holder during their lifetime. The amendment defines who qualifies as immediate family. The amendment is dated May 4, 2000.

EX-10.1 2 g65519ex10-1.txt EMPLOYEE STOCK PLAN 1 EXHIBIT 10.1 FOURTH AMENDMENT TO THE O'CHARLEY'S INC. 1990 EMPLOYEE STOCK PLAN Section 5(e) of the 1990 Employee Stock Plan shall be deleted and restated as follows: (e) Transferability of Options. No Non-Qualified Stock Option shall be transferable by the optionee without the prior written consent of the Committee other than (i) transfers by the Optionee to a member of his or her Immediate Family or a trust for the benefit of the optionee or a member of his or her Immediate Family, or (ii) transfers by will or by the laws of descent and distribution. No Incentive Stock Option shall be transferable by the optionee otherwise than by will or by the laws of descent and distribution and all Incentive Stock Options shall be exercisable, during the optionee's lifetime, only by the optionee. For purposes of this Section 5(e), "Immediate Family" shall mean any child, stepchild, grandchild, parent, stepparent, grandparent, spouse, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, and shall include adoptive relationships. Dated: May 4, 2000