0000950137-09-002074 Sample Contracts

SEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENT
Lease 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”).

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SIXTH AMENDMENT TO CREDIT AGREEMENT
Credit 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”).

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