0001193125-13-012045 Sample Contracts

MEMORANDUM OF UNDERSTANDING
Jab Beech Inc. • January 14th, 2013 • Retail-eating & drinking places

This 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:

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