EXHIBIT 10.9 AMENDED AND RESTATED EMPLOYMENT AGREEMENT This Amended and Restated Employment Agreement is made and entered into as of the 29th day of June, 2005 (the "Effective Date") by and between Caribou Coffee Company, Inc. (the "Company") and...Employment Agreement • July 19th, 2005 • Caribou Coffee Company, Inc.
EXHIBIT 10.13 FORM OF INDEMNIFICATION AGREEMENT INDEMNIFICATION AGREEMENT, made and executed this ________ day of ___________, 2005, by and between CARIBOU COFFEE COMPANY, INC., a Minnesota corporation (the "Company"), and __________________, an...Indemnification Agreement • September 26th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
CARIBOU COFFEE COMPANY, INC. (a Minnesota corporation) Shares of Common StockPurchase Agreement • September 26th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
RECITALSCredit Agreement • August 25th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
EXHIBIT 10.26 CREDIT AGREEMENTCredit Agreement • August 25th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
EXHIBIT 10.5 CARIBOU COFFEE COMPANY, INC. 2001 STOCK OPTION PLAN STOCK OPTION GRANT AND AGREEMENT Caribou Coffee Company, Inc., a Minnesota corporation ("Caribou"), in accordance with the Caribou Coffee Company, Inc. 2001 Stock Option Plan ("Plan"),...Stock Option Agreement • July 19th, 2005 • Caribou Coffee Company, Inc. • Minnesota
EXHIBIT 10.16 SEVERANCE AGREEMENT THIS SEVERANCE AGREEMENT ("Agreement") is made as of December 13th, 2004, by and between Caribou Coffee Company, Inc., 3900 Lakebreeze Avenue North, Minneapolis, MN 55429 ("Employer" or the "Company") and Janet Astor,...Severance Agreement • August 25th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
EXHIBIT 10.11 CARIBOU COFFEE COMPANY, INC. EMPLOYMENT AGREEMENTEmployment Agreement • July 19th, 2005 • Caribou Coffee Company, Inc. • Minnesota
NON-QUALIFIED STOCK OPTION AGREEMENT UNDER THE CARIBOU COFFEE COMPANY, INC. 1994 STOCK AWARDS PLANNon-Qualified Stock Option Agreement • July 19th, 2005 • Caribou Coffee Company, Inc. • Minnesota
EXHIBIT 10.13 INDEMNIFICATION AGREEMENT INDEMNIFICATION AGREEMENT, made and executed this ________ day of ___________, 2005, by and between CARIBOU COFFEE COMPANY, INC., a Minnesota corporation (the "Company"), and __________________, an individual...Indemnification Agreement • March 31st, 2006 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
EXHIBIT 10.18 COMMERCIAL LEASE In consideration of the mutual promises and covenants contained in this Commercial Lease (this "LEASE"), TWIN LAKES III LLC, a Minnesota limited liability company ("LANDLORD"), and CARIBOU COFFEE COMPANY, INC. a...Commercial Lease • August 25th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
5,150,000 SHARES CARIBOU COFFEE COMPANY, INC. COMMON STOCK, PAR VALUE $0.01 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • August 24th, 2011 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
AGREEMENT AND PLAN OF MERGER By and Among CARIBOU COFFEE COMPANY, INC., JAB BEECH INC. and PINE MERGER SUB, INC. Dated as of December 16, 2012Merger Agreement • December 17th, 2012 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
AGREEMENT AND PLAN OF MERGER (hereinafter called this “Agreement”), dated as of December 16, 2012, by and among Caribou Coffee Company, Inc., a Minnesota corporation (the “Company”), JAB Beech Inc., a Delaware corporation (“Parent”), and Pine Merger Sub, Inc., a Minnesota corporation and a wholly owned subsidiary of Parent (“Purchaser,” the Company and Purchaser sometimes being hereinafter collectively referred to as the “Constituent Corporations”).
RECITALSLease and License Financing and Purchase Option Agreement • August 25th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
EXHIBIT 10.1 CARIBOU COFFEE COMPANY, INC. 2005 EQUITY INCENTIVE PLAN STOCK OPTION GRANT AND AGREEMENT Caribou Coffee Company, Inc., a Minnesota corporation ("Caribou"), in accordance with the Caribou Coffee Company, Inc. 2005 Equity Incentive Plan...Stock Option Grant and Agreement • October 11th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
CREDIT AGREEMENT DATED AS OF OCTOBER 14, 2011 AMONG CARIBOU COFFEE COMPANY, INC., THE LENDERS PARTY HERETO, U.S. BANK NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT AND U.S. BANK NATIONAL ASSOCIATION, AS LEAD ARRANGERCredit Agreement • October 20th, 2011 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
THIS CREDIT AGREEMENT (this “Agreement”), dated as of October 14, 2011, is made by and among CARIBOU COFFEE COMPANY, INC., a Minnesota corporation (the “Borrower”), the Lenders from time to time party hereto and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent. The parties hereto agree as follows:
December 21, 2012 Dear Fellow Shareholders:Merger Agreement • December 21st, 2012 • Caribou Coffee Company, Inc. • Retail-eating & drinking places
We are pleased to inform you that Caribou Coffee Company, Inc. (the “Company” or “Caribou Coffee”), JAB Beech Inc., a Delaware corporation (“JAB”), and Pine Merger Sub, Inc., a recently-formed Minnesota corporation and a wholly-owned subsidiary of JAB (“Purchaser”), have entered into a definitive merger agreement that provides for JAB’s acquisition of the Company.
Amended and Restated Purchase and License Agreement by and among Green Mountain Coffee Roasters, Inc. Keurig, Incorporated and Caribou Coffee Company, Inc.Purchase and License Agreement • May 4th, 2012 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
This Amended and Restated Purchase and License Agreement (this “Agreement”) is made as of the 20th day of December, 2011 to be effective as of the 1st day of January, 2012 (the “Effective Date”) by and among Green Mountain Coffee Roasters, Inc., a Delaware corporation with it principal executive offices located at 33 Coffee Lane, Waterbury, Vermont 05676 (“GMCR”), Keurig, Incorporated, a Delaware corporation with its principal executive offices located at 55 Walkers Brook Drive, Reading, Massachusetts 01867 (“Keurig”), and Caribou Coffee Company, Inc., a Minnesota corporation with its principal executive offices located at 3900 Lakebreeze Avenue North, Minneapolis, Minnesota 55429 (“Caribou”).
CREDIT AGREEMENT among ARABICA FUNDING, INC., as the Borrower and WELLS FARGO BANK, N.A., as Administrative Agent Dated as of February 19, 2010Credit Agreement • May 7th, 2010 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
CREDIT AGREEMENT (this “Agreement”), dated as of February 19, 2010, among ARABICA FUNDING, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), and WELLS FARGO BANK, N.A., as administrative agent.
LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENT between ARABICA FUNDING, INC. and CARIBOU COFFEE COMPANY, INC. February 19, 2010Lease and License Financing and Purchase Option Agreement • May 7th, 2010 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
THIS LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENT (as supplemented, amended, modified, restated or replaced from time to time, this “Agreement”), dated as of February 19, 2010 is made by and between ARABICA FUNDING, INC., a Delaware corporation (“Arabica”) and CARIBOU COFFEE COMPANY, INC., a Minnesota corporation (the “Company”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 6th, 2010 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of November 30, 2010, is by and between ARABICA FUNDING, INC., a Delaware corporation (the “Borrower”), the banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), and WELLS FARGO BANK, N.A., as administrative agent (the “Administrative Agent”).
November 12, 2007Employment Agreement • November 13th, 2007 • Caribou Coffee Company, Inc. • Retail-eating & drinking places
As we have discussed, the Board of Directors (the “Board”) of Caribou Coffee Company, Inc. (“the Company”) would like to memorialize the agreement we have reached regarding your stepping down from the position of Chief Executive Officer of the Company. The purpose of this letter is to modify the terms and conditions of the Amended and Restated Employment Agreement dated June 29, 2005 (the “Employment Agreement”) as set forth herein.
EMPLOYMENT AGREEMENTEmployment Agreement • September 9th, 2008 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of the 9th day of September, 2008 (the “Effective Date”) by and between Caribou Coffee Company, Inc., (the “Company”) and Timothy J. Hennessy (“Employee”).
SEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENTLease and License Financing and Purchase Option Agreement • March 20th, 2009 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
THIS SEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENT (this “Amendment”), dated as of November 12, 2008, is by and between ARABICA FUNDING, INC., a Delaware corporation (“Arabica”) and CARIBOU COFFEE COMPANY, INC., a Minnesota corporation (the “Company”).
Caribou Coffee Company, Inc. 3900 Lakebreeze Avenue N. Minneapolis, MN 55446 October 29, 2008Investment Agreement • October 29th, 2008 • Caribou Coffee Company, Inc. • Retail-eating & drinking places
This letter agreement sets forth your agreement to invest in shares of Caribou Coffee Company, Inc. (“Caribou”), common stock, par value $0.01 per share (“Common Stock”). You hereby agree to purchase (in the open market) shares of Common Stock with an aggregate purchase price of at least $25,000 with such purchase(s) to be made at the market price no later than the end of the first trading window of at least ten (10) days occurring in calendar year 2009, subject to approval by Caribou’s general counsel applying standard Caribou policies and procedures. As soon as practical after you have completed your purchase of the required amount of Common Stock, Caribou will grant you shares of restricted stock under Caribou’s 2005 Equity Incentive Plan in an amount equal to the same number of shares of Common Stock that you purchase during these window trading periods, up to a maximum of 25,000 shares of restricted stock. This restricted stock shall be subject to a four year (25% per year) vestin
EXHIBIT 10.15 November 29, 2004 Janet Astor 9763 Cupola Lane Eden Prairie, MN 55347 Dear Janet, I'm very pleased to offer you the position of Vice President of Real Estate & Store Development. The terms of the agreement are as follows: START DATE...Employment Agreement • August 25th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places
I'm very pleased to offer you the position of Vice President of Real Estate & Store Development. The terms of the agreement are as follows:
SEPARATION AGREEMENTSeparation Agreement • September 3rd, 2008 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
THIS SEPARATION AGREEMENT (this “Agreement”), effective as of August 29, 2008, is made by and between Caribou Coffee Company, Inc., (the “Company”) and Rosalyn Mallet (“Employee”).
RECITALS :Bonus Compensation Agreement • July 19th, 2005 • Caribou Coffee Company, Inc.
THIRD AMENDMENT TO LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENTLease and License Financing and Purchase Option Agreement • September 21st, 2011 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
THIS THIRD AMENDMENT TO LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENT (this “Amendment”), dated as of September 19, 2011, is by and between ARABICA FUNDING, INC., a Delaware corporation (“Arabica”) and CARIBOU COFFEE COMPANY, INC., a Minnesota corporation (the “Company”).
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 20th, 2009 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of November 12, 2008, is by and between ARABICA FUNDING, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), and BANK OF AMERICA, N.A., as successor-by-merger to Fleet National Bank, as administrative agent (the “Administrative Agent”).
5,000,000 SHARES CARIBOU COFFEE COMPANY, INC. COMMON STOCK, PAR VALUE $0.01 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • December 21st, 2010 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
EMPLOYMENT AGREEMENTEmployment Agreement • August 4th, 2008 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of the 1st day of August, 2008 (the “Effective Date”) by and between Caribou Coffee Company, Inc., (the “Company”) and Michael Tattersfield (“Employee”).
EXHIBIT 10.23 SECOND AMENDED AND RESTATED PUT OPTION LETTER June 29, 2004 Arabica Funding, Inc. c/o Global Securitization Services, LLC 445 Broad Hollow Road Suite 239 Melville, NY 11747 Re: Second Amended and Restated Lease and License Financing and...Put Option Letter • August 25th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places
FIRST AMENDMENT TO LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENTLease and License Financing and Purchase Option Agreement • December 6th, 2010 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
THIS FIRST AMENDMENT TO LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENT (this “Amendment”), dated as of November 30, 2010, is by and between ARABICA FUNDING, INC., a Delaware corporation (“Arabica”) and CARIBOU COFFEE COMPANY, INC., a Minnesota corporation (the “Company”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 21st, 2011 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of September 19, 2011, is by and between ARABICA FUNDING, INC., a Delaware corporation (the “Borrower”), the banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), and WELLS FARGO BANK, N.A., as administrative agent (the “Administrative Agent”).
