WARRANT TO PURCHASE COMMON STOCK OF DIEDRICH COFFEE, INC. VOID AFTER AUGUST 26, 2013Diedrich Coffee Inc • August 28th, 2008 • Retail-food stores • California
This certifies that Sequoia Enterprises, Inc., a California limited partnership, or its permitted successors and assigns (the “Holder”) is entitled, subject to the terms and conditions of this Warrant, to purchase from Diedrich Coffee, Inc., a Delaware corporation (the “Company”), all or any part of an aggregate of 1,667,000 shares of the Company’s authorized and unissued Common Stock, par value $0.01 per share (the “Warrant Stock”), at a price per share of $2.00 (the “Exercise Price”), upon surrender of this Warrant at the principal offices of the Company, together with a duly executed subscription form and simultaneous payment of the aggregate Exercise Price for the Warrant Stock so purchased in lawful, immediately available money of the United States. The number of shares of Warrant Stock issuable upon exercise of this Warrant and the Exercise Price are subject to adjustment and limitation as provided herein.
LOAN AGREEMENT by and between DIEDRICH COFFEE, INC. and SEQUOIA ENTERPRISES, L.P. Dated as of August 26, 2008Loan Agreement • August 28th, 2008 • Diedrich Coffee Inc • Retail-food stores • California
This Loan Agreement (this “Agreement”) is entered into as of August 26, 2008 (the “Effective Date”) by and between Diedrich Coffee, Inc., a Delaware corporation (the “Company”), and Sequoia Enterprises, L.P., a California limited partnership (“Lender”).
AMENDMENT NO. 1 TO AMENDMENT NO. 4 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT AND CANCELLATION OF NOTE PURCHASE WARRANTPurchase Agreement • August 28th, 2008 • Diedrich Coffee Inc • Retail-food stores • California
THIS AMENDMENT NO. 1 TO 2001 WARRANT, AMENDMENT NO. 4 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT AND CANCELLATION OF NOTE PURCHASE WARRANT (this “Amendment”) is entered into as of August 26, 2008, by and among Diedrich Coffee, Inc., a Delaware corporation (the “Company”), and Sequoia Enterprises, L.P., a California limited partnership (“Sequoia”), with reference to the following facts:
