0001193125-07-235213 Sample Contracts

AMENDMENT NO. 1 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT
Contingent Convertible Note Purchase Agreement • November 5th, 2007 • Diedrich Coffee Inc • Retail-food stores • California

This Amendment No. 1 to Contingent Convertible Note Purchase Agreement (this “Amendment”) is made and entered into as of this 30th day of June, 2004 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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SEVERANCE AND CONSULTANT AGREEMENT AND GENERAL RELEASE
Severance Agreement • November 5th, 2007 • Diedrich Coffee Inc • Retail-food stores

This Severance and Consultant Agreement and General Release (hereinafter referred to as the “Agreement”) is entered into by and between Diedrich Coffee, Inc, a Delaware corporation (hereinafter referred to as “DIEDRICH”), and Matthew C. McGuinness (hereinafter referred to as “MCGUINNESS”), an employee of DIEDRICH.

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