ASSET PURCHASE AGREEMENT By and Among GREEN MOUNTAIN COFFEE ROASTERS, INC. (Buyer) and TULLY’S COFFEE CORPORATION (Seller) TULLY’S BELLACCINO, LLC Dated as of September 15, 2008Asset Purchase Agreement • September 16th, 2008 • Tullys Coffee Corp • Retail-eating places • New York
Contract Type FiledSeptember 16th, 2008 Company Industry JurisdictionThis Asset Purchase Agreement (the “Agreement”) is dated as of September 15, 2008, by and among GREEN MOUNTAIN COFFEE ROASTERS, INC., a Delaware corporation (the “Buyer”) and TULLY’S COFFEE CORPORATION, a Washington corporation (the “Seller Parent”) and Tully’s Bellaccino, LLC, a Washington limited liability company and wholly-owned subsidiary of the Seller (the “Seller Subsidiary” and together with the Seller Parent, the “Seller”). The Buyer, the Seller and the Seller Subsidiary are collectively referred to herein as the “Parties.” Capitalized terms used in this Agreement are defined or otherwise referenced in Section 1.