MEMORANDUM OF UNDERSTANDINGMemorandum of Understanding • January 14th, 2013 • Jab Beech Inc. • Retail-eating & drinking places
Contract Type FiledJanuary 14th, 2013 Company IndustryThis Memorandum of Understanding (“MOU”) is entered into as of January , 2013, by and among Defendants Caribou Coffee Company, Inc. (“Caribou” or the “Company”); JAB Beech Inc. and Pine Merger Sub Inc. (together, “JAB”); the Company’s Board of Directors who are Michael J. Tattersfield, Gary A. Graves, Kip R. Caffey, Sarah Palisi Chapin, Philip H. Sanford, Charles H. Ogburn, Wallace B. Doolin (collectively, the “Board”) (Caribou or the Company, JAB and the Board are collectively referred to as the “Defendants”); and Plaintiffs Greentech Research LLC, James Randolph Richeson, Suketu Shah, Jay Schufman, Mary Arciero, Thomas McCormack, Delmar Bishop, and Ryan David Harrigill, (“Plaintiffs”) on behalf of themselves and as putative representatives of the absent members of the alleged class that the Plaintiffs purport to represent: