PART ALoan Modification Agreement • July 27th, 1999 • Tullys Coffee Corp • Washington
WITNESSETH:Stock Escrow Agreement • July 3rd, 2000 • Tullys Coffee Corp • Retail-eating places
BY AND AMONGStock Purchase Agreement • July 3rd, 2000 • Tullys Coffee Corp • Retail-eating places
BUSINESS LOAN AGREEMENTBusiness Loan Agreement • November 29th, 2000 • Tullys Coffee Corp • Retail-eating places • Washington
TULLY’S COFFEE CORPORATION REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
This Registration Rights Agreement (this “Agreement”) is made and entered into as of this 30th day of June, 1998, by and between Tully’s Coffee Corporation, a Washington corporation (the “Company”), the persons listed on the attached Schedule 1 (the “Shareholders”).
GUARANTY AGREEMENTGuaranty Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
This Guaranty Agreement (this “Guaranty”) is made as of April 25, 2007, by TOM T. O’KEEFE (“Guarantor”), in favor of BENAROYA CAPITAL COMPANY, L.L.C., a Washington limited liability company (together with its universal successors, participants and assigns “Lender”).
INVENTORY SECURITY AGREEMENTInventory Security Agreement • April 27th, 2007 • Tullys Coffee Corp • Retail-eating places • Washington
Client, for consideration of funding by NFS/BANK, hereby grants to the NFS/ BANK a security interest in the following property, and any and all property of a like type now owned or hereafter acquired by CLIENT, together with all additions, substitutions, proceeds, and products there from, and all increases, parts, fittings, accessories, equipment, special tools, renewals, and replacements of all or any part thereof (hereinafter called the ‘Collateral’):
EMPLOYMENT AGREEMENTEmployment Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
This Agreement is dated effective as of September 1, 2006 by and between Tully’s Coffee Corporation (“Tully’s), and John K. Buller (“Buller”) (collectively, the “Parties”).
ASSET PURCHASE AGREEMENT by and between TULLY’S COFFEE JAPAN CO., LTD. and TULLY’S COFFEE CORPORATION Dated August 19, 2005Asset Purchase Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
This Asset Purchase Agreement (this “Agreement”) is entered into as of August 19, 2005 (the “Effective Date”) by and between Tully’s Coffee Japan Co., Ltd., a corporation organized under the laws of Japan (“Buyer”), and Tully’s Coffee Corporation, a Washington corporation (“Seller”). Each of Buyer and Seller is a “Party” and together, the “Parties.”
LIMITED PARTNERSHIP AGREEMENTLimited Partnership Agreement • January 11th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
THIS LIMITED PARTNERSHIP AGREEMENT is made this 21st day of December 2007, by and between Tully’s Coffee Asia Pacific, Inc., a Nevada Corporation, as the General Partner (“TCAP”) and Asia Food Culture Management Pte Ltd, a Singapore company, as Limited Partner (“AFCM”).
ASSET PURCHASE AGREEMENT By and Among GREEN MOUNTAIN COFFEE ROASTERS, INC. (Buyer) and TULLY’S COFFEE CORPORATION (Seller) TULLY’S BELLACCINO, LLC Dated as of September 15, 2008Asset Purchase Agreement • September 16th, 2008 • Tullys Coffee Corp • Retail-eating places • New York
This Asset Purchase Agreement (the “Agreement”) is dated as of September 15, 2008, by and among GREEN MOUNTAIN COFFEE ROASTERS, INC., a Delaware corporation (the “Buyer”) and TULLY’S COFFEE CORPORATION, a Washington corporation (the “Seller Parent”) and Tully’s Bellaccino, LLC, a Washington limited liability company and wholly-owned subsidiary of the Seller (the “Seller Subsidiary” and together with the Seller Parent, the “Seller”). The Buyer, the Seller and the Seller Subsidiary are collectively referred to herein as the “Parties.” Capitalized terms used in this Agreement are defined or otherwise referenced in Section 1.
CONTRACT OF SALE & SECURITY AGREEMENTContract of Sale & Security Agreement • November 15th, 2006 • Tullys Coffee Corp • Retail-eating places • Washington
This Contract of Sale and Security Agreement dated for purposes of reference November 9, 2006 is between the undersigned, Tully’s Coffee Corporation, hereinafter called “CLIENT”, and “Northrim Funding Services, a division of Northrim Bank, hereinafter called “NFS/BANK”, agree as follows:
TULLY’S COFFEE EXCLUSIVE LICENSE AGREEMENTCoffee Exclusive License Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
THIS AGREEMENT, effective as of the 11th day of April, 2001, is entered into between TULLY’S COFFEE CORPORATION, a Washington corporation, doing business at 3100 Airport Way South, Seattle, Washington 98134 U.S.A. (“Licensor”), and UCC UESHIMA COFFEE COMPANY, Ltd., a company organized under the laws of Japan (“Licensee”).
FIRST AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
This First Amendment to Asset Purchase Agreement (this “Agreement”) is entered into as of August 31, 2005 (the “Effective Date”) by and between Tully’s Coffee Japan Co., Ltd., a corporation organized under the laws of Japan (“Buyer”), and Tully’s Coffee Corporation, a Washington corporation (“Seller”). Each of Buyer and Seller is a “Party” and together, the “Parties.”
AGREEMENT BETWEEN TULLY’S COFFEE AND GUARANTOR RE BENAROYA CAPITAL FINANCINGAgreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
THIS AGREEMENT is entered into this 25 day of April, 2007, between TULLY’S COFFEE CORPORATION, a Washington corporation (the “Company”) and TOM T. O’KEEFE (the “Guarantor”).
SIXTH AMENDMENT TO LEASE AGREEMENTLease Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
THIS SIXTH AMENDMENT TO LEASE AGREEMENT is made and entered into as of the 26th day of June, 2003, between RAINIER COMMONS, LLC, a Washington limited liability company (“Lessor”), and TULLY’S COFFEE CORPORATION, a Washington corporation (“Lessee”).
FIFTH LEASE AMENDMENT Between: KENT CENTRAL, L.L.C. and: TULLY’S COFFEE CORPORATIONFifth Lease Amendment • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
This Fifth Lease Amendment (this “Amendment”) is dated November 1, 2002, and is attached to and made a part of that certain Lease dated August 16, 1999, as amended by that certain First Lease Amendment dated December 17, 1999, that certain Second Lease Amendment dated June 6, 2000, that certain Third Lease Amendment dated November 7, 2000, and that certain Fourth Lease Amendment dated February 21, 2001 (collectively called the “Lease”) by and between Kent Central, L.L.C., a Washington limited liability company (“Lessor”) and Tully’s Coffee Corporation, a Washington corporation (“Lessee”) covering premises located at 3100 Airport Way South, in Seattle, Washington (the “Premises”). The Premises are more particularly described in the Lease.
SEVENTH AMENDMENT TO LEASE AGREEMENTLease Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
THIS SEVENTH AMENDMENT TO LEASE AGREEMENT is made and entered into as of the 23rd day of July, 2004, between RAINIER COMMONS, LLC, a Washington limited liability company (“Lessor”), and TULLY’S COFFEE CORPORATION, a Washington corporation (“Lessee”).
AGREEMENT BETWEEN TULLY’S COFFEE CORPORATION AND GUARANTOR RE BENAROYA CAPITAL FINANCINGAgreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
THIS AGREEMENT is entered into this 12th day of July, 2007 (the “Effective Date”), among TULLY’S COFFEE CORPORATION, a Washington corporation (the “Company”), and MARY KAY MCCAW (the “Guarantor”), and, for purposes of Sections 6.1 and 7 only, TOM T. O’KEEFE (“Tom O’Keefe”).
TENTH AMENDMENT TO LEASE AGREEMENTLease Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
THIS TENTH AMENDMENT TO LEASE AGREEMENT is made and entered into as of the 16th day of December, 2005 between RAINIER COMMONS, LLC, a Washington limited liability company (“Lessor”), and TULLY’S COFFEE CORPORATION, a Washington corporation (“Lessee”).
SECOND LEASE AMENDMENT Between KENT CENTRAL, LLC and TULLY’S COFFEE CORPORATION.Tullys Coffee Corp • September 18th, 2008 • Retail-eating places
This Second Lease Amendment dated the 6th day of June, 2000 is attached to and made part of that certain Lease dated August 16,1999, as amended by that certain First Lease Amendment dated December 17, 1999 (hereinafter collectively referred to as the “Lease”) by and between Kent Central, LLC., a Washington limited liability company, hereinafter called Lessor (“Lessor”), and Tully’s Coffee Corporation, a Washington corporation, hereinafter called the Lessee (“Lessee”), covering the Premises located at 3100 Airport Way South, in Seattle, Washington (the “Premises”). The Premises are more particularly described in the Lease as amended.
SECURITY AGREEMENTSecurity Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
STOCK OPTION AGREEMENT FOR PURCHASE OF STOCK TULLY’S COFFEE CORPORATION (the “Company”)Stock Option Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
FOURTH LEASE AMENDMENT Between KENT CENTRAL, LLC and TULLY’S COFFEE CORPORATION.Tullys Coffee Corp • September 18th, 2008 • Retail-eating places
This Fourth Lease Amendment dated the 21st day of February, 2001 is attached to and made part of that certain Lease dated August 16, 1999, as amended by that certain First Lease Amendment dated December 17, 1999 and as further amended by that certain Second Lease Amendment dated June 6, 2000 and that certain Third Lease Amendment dated November 7, 2000 (hereinafter collectively referred to as the “Lease”) by and between Kent Central, LLC., a Washington limited liability company, hereinafter called Lessor (“Lessor”), and Tully’s Coffee Corporation., a Washington corporation, hereinafter called the Lessee (“Lessee”), covering the Premises located at 3100 Airport Way South, in Seattle, Washington (the “Premises”). The Premises are more particularly described in the Lease as amended.
EIGHTH AMENDMENT TO LEASE AGREEMENTLease Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
THIS EIGHTH AMENDMENT TO LEASE AGREEMENT is made and entered into as of the 7th day of October, 2004, between RAINIER COMMONS, LLC, a Washington limited liability company (“Lessor”), and TULLY’S COFFEE CORPORATION, a Washington corporation (“Lessee”).
NINTH AMENDMENT TO LEASE AGREEMENTLease Agreement • September 18th, 2008 • Tullys Coffee Corp • Retail-eating places
THIS NINTH AMENDMENT TO LEASE AGREEMENT is made and entered into as of the 7th day of October, 2004, between RAINIER COMMONS, LLC, a Washington limited liability company (“Lessor”), and TULLY’S COFFEE CORPORATION, a Washington corporation (“Lessee”).
FIRST AMENDMENT TO AGREEMENT BETWEEN TULLY’S COFFEE AND GUARANTORS RE KENT CENTRAL FINANCINGAgreement • June 24th, 2005 • Tullys Coffee Corp • Retail-eating places
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 13th day of May, 2005, between TULLY’S COFFEE CORPORATION, a Washington corporation (the “Company”) and MARC EVANGER (“Evanger”); RON NEUBAUER (“Neubauer”); KEVIN FORTUN (“Fortun”); TOM T. O’KEEFE (“O’Keefe”); RICHARD PADDEN (“Padden”); GEORGE HUBMAN (“Hubman”) and LARRY HOOD (“Hood”) (individually, a “Guarantor,” and collectively, the “Guarantors”).
FIFTH LEASE AMENDMENTFifth Lease Amendment • November 13th, 2002 • Tullys Coffee Corp • Retail-eating places
This Fifth Lease Amendment (this "Amendment") is dated November 1, 2002, and is attached to and made a part of that certain Lease dated August 16, 1999, as amended by that certain First Lease Amendment dated December 17, 1999, that certain Second Lease Amendment dated June 6, 2000, that certain Third Lease Amendment dated November 7, 2000, and that certain Fourth Lease Amendment dated February 21, 2001 (collectively called the "Lease") by and between Kent Central, L.L.C., a Washington limited liability company ("Lessor") and Tully's Coffee Corporation, a Washington corporation ("Lessee") covering premises located at 3100 Airport Way South, in Seattle, Washington (the "Premises"). The Premises are more particularly described in the Lease.
INDUSTRIAL LEASE - SINGLE TENANTIndustrial Lease - Single Tenant • April 27th, 2007 • Tullys Coffee Corp • Retail-eating places • Washington
THIS LEASE AGREEMENT made this 16th day of August, 1999, by and between Kent Central, LLC, a Washington limited liability company (the “Lessor”) and Tully’s Coffee Corporation, a Washington corporation (the “Lessee”).
EMPLOYMENT TERMINATION AGREEMENTEmployment Termination Agreement • May 12th, 2004 • Tullys Coffee Corp • Retail-eating places • Washington
This EMPLOYMENT TERMINATION AGREEMENT (“Agreement”) is entered into as of the 12th day of April, 2004, between ANTHONY J. GIOIA (“Executive”) and TULLY’S COFFEE CORPORATION, a Washington corporation (“Tully’s”).
TULLY’S COFFEE EXCLUSIVE LICENSE AGREEMENTLicense Agreement • January 11th, 2008 • Tullys Coffee Corp • Retail-eating places • Washington
THIS AGREEMENT, effective as of the 12th day of October, 2007, is entered into between TULLY’S COFFEE CORPORATION, a Washington corporation, doing business at 3100 Airport Way South, Seattle, Washington 98134 U.S.A. (“Licensor”), and TULLY’S COFFEE ASIA PACIFIC, INC., a Nevada corporation (“Licensee”).
THIRD LEASE AMENDMENT Between KENT CENTRAL, LLC and TULLY’S COFFEE CORPORATION.Tullys Coffee Corp • September 18th, 2008 • Retail-eating places
This Third Lease Amendment dated the 7th day of November, 2000 is attached to and made part of that certain Lease dated August 16, 1999, as amended by that certain First Lease Amendment dated December 17, 1999 and as further amended by that certain Second Lease Amendment dated June 6, 2000 (hereinafter collectively referred to as the “Lease”) by and between Kent Central, LLC., a Washington limited liability company, hereinafter called Lessor (“Lessor”), and Tully’s Coffee Corporation., a Washington corporation, hereinafter called the Lessee (“Lessee”), covering the Premises located at 3100 Airport Way South, in Seattle, Washington (the “Premises”). The Premises are more particularly described in the Lease as amended.
AMENDMENT NO. 3 TO PROMISSORY NOTEPromissory Note • June 28th, 2004 • Tullys Coffee Corp • Retail-eating places
This Amendment No. 3 to Promissory Note (this “Amendment No. 3”) is dated for reference purposes June 24, 2004, and is by and between TULLY’S COFFEE CORPORATION, a Washington corporation (“Maker”), and KENT CENTRAL, L.L.C., a Washington limited liability company (“Holder”).
AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 29th, 2009 • TC Global, Inc. • Retail-eating places
This Amendment No. 1 (the “Amendment”), dated as of November 12, 2008 amends that certain Asset Purchase Agreement dated as of September 15, 2008 (the “Agreement”) by and among Green Mountain Coffee Roasters, Inc., a Delaware corporation (the “Buyer”), Tully’s Coffee Corporation, a Washington corporation (the “Seller Parent”) and Tully’s Bellaccino, LLC, a Washington limited liability company (the “Seller Subsidiary” and together with the Seller Parent, “Seller”). Capitalized terms used and not otherwise defined in this Amendment are used herein as defined in the Agreement.
SECOND AMENDMENT TO CONVERTIBLE PROMISSORY NOTEConvertible Promissory Note • June 7th, 2005 • Tullys Coffee Corp • Retail-eating places
This Second Amendment to Convertible Promissory Note (the “Second Amendment”) is entered into as of May 23, 2005, between TULLY’S COFFEE CORPORATION (“Borrower”) and KWM INVESTMENTS, LLC, a Washington limited liability company (“Lender”).
