EXECUTION COPY AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • August 10th, 2006 • Green Mountain Coffee Roasters Inc • Miscellaneous food preparations & kindred products
Amendment No. 1 dated as of June 15, 2006 (this "Amendment No. 1"), to the Agreement and Plan of Merger made and entered into as of May 2, 2006 (the "Original Merger Agreement"), by and among Green Mountain Coffee Roasters, Inc., a Delaware corporation ("Parent"), Karma Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent ("Merger Sub"), Keurig, Incorporated, a Delaware corporation ("the Company"), and United States Trust Company, N.A., as Trustee of the Memorial Drive Trust, solely in its capacity as the Securityholder Representative (the "Securityholder Representative").
REVOLVING CREDIT AGREEMENT Dated as of June 15, 2006 Among GREEN MOUNTAIN COFFEE ROASTERS, INC., as Borrower, THE SUBSIDIARIES OF THE BORROWER, as Guarantors, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, THE...Revolving Credit Agreement • August 10th, 2006 • Green Mountain Coffee Roasters Inc • Miscellaneous food preparations & kindred products • Massachusetts
EMPLOYMENT AGREEMENTEmployment Agreement • August 10th, 2006 • Green Mountain Coffee Roasters Inc • Miscellaneous food preparations & kindred products • Massachusetts
EMPLOYMENT AGREEMENT made and entered into on May 2, 2006, in Wakefield, Massachusetts by and between Karma Merger Sub, Inc. ("Merger Sub"), a wholly-owned subsidiary of Green Mountain Coffee Roasters, Inc. ("GMCR") and, as of the consummation of the Merger under (and as defined in) the Agreement and Plan of Merger by and among GMCR, Merger Sub, Keurig, Incorporated ("Pre-Merger Keurig") and the Securityholder Representative, in such capacity, named therein, dated as of May 1, 2006 (the "Merger Agreement"), Keurig, Incorporated (the "Company"), as the surviving corporation in the Merger and the successor to Merger Sub, and Nicholas Lazaris (the "Executive") to take effect upon the consummation of the Merger (such consummation, the "Closing").
