Coffee Holdings LLC c/o Falconhead Capital, LLC New York, NY 10022Binding Plan Commitment Letter Agreement • January 24th, 2011 • Javo Beverage Co Inc • Beverages • New York
Coffee Holdings LLC (“Holdings”) is presenting this letter agreement (the “Letter Agreement”) to Javo Beverage Company, Inc. (“Javo” or the “Company” and, together with Holdings, the “Plan Sponsors”), which sets forth, among other things, the Plan Sponsors’ binding commitment (the “Commitments”) to complete a restructuring transaction in accordance with a confirmed, prearranged plan of reorganization under chapter 11 of the Bankruptcy Code (as further described in the Term Sheets (defined below), the “Plan”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) pursuant to which Holdings’ claims against the Company will receive as consideration pursuant to the Plan a controlling interest in the equity of the reorganized Company (the “Restructuring Transaction”), on the terms and subject to the conditions set forth in both the restructuring term sheet attached hereto as Exhibit A (the “Restructuring Term Sheet”) and the DIP financing term sheet atta
