AMENDMENT NO. 5 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENTContingent Convertible Note Purchase Agreement • March 30th, 2009 • Diedrich Coffee Inc • Retail-food stores • California
THIS AMENDMENT NO. 5 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT (this “Amendment”) is entered into as of March 27, 2009, by and between Diedrich Coffee, Inc., a Delaware corporation (the “Company”), and Sequoia Enterprises, L.P., a California limited partnership (“Sequoia”), with reference to the following facts:
