AMENDMENT NO. 2 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 27th, 2009 • Green Mountain Coffee Roasters Inc • Miscellaneous food preparations & kindred products
This Amendment No. 2 (the “Amendment”), dated as of February 6, 2009 amends that certain Asset Purchase Agreement dated as of September 15, 2008, as amended by Amendment No. 1 thereto dated as of November 12, 2008 (the “Agreement”) by and among Green Mountain Coffee Roasters, Inc., a Delaware corporation (the “Buyer”), Tully’s Coffee Corporation, a Washington corporation (the “Seller Parent”) and Tully’s Bellaccino, LLC, a Washington limited liability company (the “Seller Subsidiary” and together with the Seller Parent, “Seller”). Capitalized terms used and not otherwise defined in this Amendment are used herein as defined in the Agreement.
