EX-10.1
from 425
28 pages
You Have Advised Wells Fargo Bank, National Association (“Wells Fargo Bank”), and Wells Fargo Securities, LLC (“Wells Fargo Securities” And, Together With Wells Fargo Bank, the “Wells Fargo Parties” or “We” or “US”) That Peet’s Coffee & Tea, Inc. (The “Borrower” or “You”) Seeks Financing for the Proposed Acquisition of All of the Shares of Common Stock, $0.01 Par Value Per Share (The “Shares”), of Diedrich Coffee, Inc. (The “Acquired Company” or “Diedrich”) From the Shareholders of Diedrich (Collectively, the “Seller”) by Means of a Tender Offer for Such Shares Followed by a Merger of a Newly Formed Acquisition Entity (“Newco”) With and Into the Acquired Company Pursuant to an Agreement and Plan of Merger, Dated as of the Date Hereof, Between You, Newco, and the Acquired Company (As Amended, Supplemented or Otherwise Modified in Accordance With Paragraph (B) of the Conditions Annex (As Defined Below), the “Acquisition Agreement”), to Refinance Certain Existing Indebtedness (If Any) of the Borrower and Its Subsidiaries and the Acquired Company and Its Subsidiaries (The “Refinancing”), to Pay Fees, Commissions and Expenses Incurred in Connection With the Transactions (As Defined Below) Peet’s Coffee & Tea, Inc. Commitment Letter
12/34/56
EX-10.6
from 10-Q
30 pages
1. Premises. for and in Consideration of the Rent Herein Received and of the Covenants, Conditions, Agreements, and Stipulations of Lessee Hereinafter Expressed, Lessor Hereby Leases to Lessee and Lessee Hereby Leases From Lessor the Following Described Real Property (Collectively, the “Premises”): (I) the Tract of Land in Castroville, California, With a Street Address of 11480 Industrial Parkway, Castroville, Ca (The “Land”), More Particularly Described on Exhibit “A” Attached Hereto, Together With Any and All Easements, Rights and Appurtenances Appertaining to Same, and (II) Those Certain Improvements Thereon (The “Buildings”), Together With All Structures, Fixtures and Other Improvements Existing on the Land (The Building and Such Other Structures, Fixtures and Improvements Collectively Referred to as the “Improvements”). 2. Intentionally Left Blank
12/34/56