0001193125-09-220631 Sample Contracts

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • November 2nd, 2009 • Diedrich Coffee Inc • Retail-food stores • California

This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of November 4, 2005, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.

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FOURTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • November 2nd, 2009 • Diedrich Coffee Inc • Retail-food stores • California

This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of November 4, 2005, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.

LEASE
Lease • November 2nd, 2009 • Diedrich Coffee Inc • Retail-food stores • California

THIS Lease (the “Lease”), between STECAR PROPERTIES, LLC, a California limited liability company (the “Lessor”), and DIEDRICH COFFEE, INC., a Delaware corporation (the “Lessee”), is effective on the date indicated in Paragraph 39 (the “Effective Date”) (i.e., January 1, 2006). This Lease is supplemented and modified pursuant to that Addendum of Lease attached hereto as “Addendum to Lease” (paragraphs 40 through 44) and incorporated herein by reference and made a part of the Lease.

FIRST AMENDMENT TO LEASE
Lease • November 2nd, 2009 • Diedrich Coffee Inc • Retail-food stores

This First Amendment to Lease (“First Amendment”), dated for reference purposes only as of May 10, 2006, is entered into by and between Stecar Properties, LLC, a California limited liability company (“Lessor”) and Diedrich Coffee, Inc., a Delaware corporation (“Lessee”).

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