Contingent Convertible Note Purchase Agreement Sample Contracts

AMENDMENT NO. 1 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT
Contingent Convertible Note Purchase Agreement • November 5th, 2007 • Diedrich Coffee Inc • Retail-food stores • California

This Amendment No. 1 to Contingent Convertible Note Purchase Agreement (this “Amendment”) is made and entered into as of this 30th day of June, 2004 by and between Diedrich Coffee, Inc., a Delaware corporation (the “Company”), and Sequoia Enterprises, L.P., a California limited partnership (“Lender”).

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CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT by and between DIEDRICH COFFEE, INC. and SEQUOIA ENTERPRISES, L.P.
Contingent Convertible Note Purchase Agreement • September 28th, 2004 • Diedrich Coffee Inc • Retail-food stores • California

This Contingent Convertible Note Purchase Agreement (this “Agreement”) is entered into as of May 10, 2004 (the “Effective Date”) by and between Diedrich Coffee, Inc., a Delaware corporation (the “Company”), and Sequoia Enterprises, L.P., a California limited partnership (“Lender”).

AMENDMENT NO. 3 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT
Contingent Convertible Note Purchase Agreement • September 26th, 2006 • Diedrich Coffee Inc • Retail-food stores • California

This Amendment No. 3 to Contingent Convertible Note Purchase Agreement (this “Amendment”) is entered into as of September 22, 2006 by and between Diedrich Coffee, Inc., a Delaware corporation (the “Company”), and Sequoia Enterprises, L.P., a California limited partnership (the “Lender”).

AMENDMENT NO. 2 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT
Contingent Convertible Note Purchase Agreement • March 31st, 2006 • Diedrich Coffee Inc • Retail-food stores • California

THIS AMENDMENT NO. 2 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT (this “Amendment”) is made and dated as of March 31, 2006 by and between Diedrich Coffee, Inc., a Delaware corporation (the “Company”), and Sequoia Enterprises, L.P. (the “Lender”).

AMENDMENT NO. 6 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT
Contingent Convertible Note Purchase Agreement • May 4th, 2009 • Diedrich Coffee Inc • Retail-food stores • California

THIS AMENDMENT NO. 6 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT (this “Amendment”) is entered into as of April 29, 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:

AMENDMENT NO. 5 TO CONTINGENT CONVERTIBLE NOTE PURCHASE AGREEMENT
Contingent 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:

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