0001193125-04-163306 Sample Contracts

CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT by and between DIEDRICH COFFEE, INC. and SEQUOIA ENTERPRISES, L.P.
Contingent Convertible Note Purchase Agreement • September 28th, 2004 • Diedrich Coffee Inc • Retail-food stores • California

This Contingent Convertible Note Purchase Agreement (this “Agreement”) is entered into as of May 10, 2004 (the “Effective Date”) by and between Diedrich Coffee, Inc., a Delaware corporation (the “Company”), and Sequoia Enterprises, L.P., a California limited partnership (“Lender”).

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AMENDED AND RESTATED CREDIT AGREEMENT by and between BANK OF THE WEST, as the lender and DIEDRICH COFFEE, INC., as the borrower Dated as of May 10, 2004
Credit Agreement • September 28th, 2004 • Diedrich Coffee Inc • Retail-food stores • California

THIS AMENDED AND RESTATED CREDIT AGREEMENT (the “Agreement”) is made and dated as of the 10th day of May, 2004, by and between BANK OF THE WEST (the “Lender”), and DIEDRICH COFFEE, INC., a Delaware corporation (the “Company”).

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