Peets Coffee & Tea Inc Sample Contracts

AGREEMENT ---------
Credit Agreement • March 28th, 2002 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
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SERVICE AGREEMENT for PROFIT SHARING/401(k) PLAN
Service Agreement • December 1st, 2000 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • Massachusetts
COMMON STOCK
Underwriting Agreement • April 15th, 2002 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • New York
AGREEMENT ---------
Credit Agreement • March 31st, 2003 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
EXHIBIT 10.4 LOAN AGREEMENT By and Between CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
Loan Agreement • December 1st, 2000 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products
EXHIBIT 10.1 CREDIT AGREEMENT Dated as of September 1, 2000,
Credit Agreement • December 1st, 2000 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
AGREEMENT ---------
Credit Agreement • January 23rd, 2001 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
PEET'S COFFEE & TEA KEY EMPLOYEE AGREEMENT FOR VICE PRESIDENT OF INFORMATION SYSTEMS
Key Employee Agreement • March 12th, 2004 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
PEET'S OPERATING COMPANY, INC. KEY EMPLOYEE AGREEMENT FOR VICE PRESIDENT OF OPERATIONS
Employee Agreement • March 12th, 2004 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
STOCKHOLDER AGREEMENT
Stockholder Agreement • November 4th, 2009 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • Delaware

This Stockholder Agreement (this “Agreement”) is entered into as of November 2, 2009, by and between Peet’s Coffee & Tea, Inc., a Washington corporation (“Parent”), and the stockholder identified on the signature page hereto (“Stockholder”).

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • November 4th, 2009 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • Delaware

This Agreement and Plan of Merger (“Agreement”) is made and entered into as of November 2, 2009, by and among: Peet’s Coffee & Tea, Inc., a Washington corporation (“Parent”); Marty Acquisition Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition Sub”); and Diedrich Coffee, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A.

KEY EMPLOYEE AGREEMENT FOR CHIEF EXECUTIVE OFFICER
Key Employee Agreement • December 1st, 2000 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
STOCKHOLDER AGREEMENT
Stockholder Agreement • November 4th, 2009 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • Delaware

This Stockholder Agreement (this “Agreement”) is entered into as of November 2, 2009, by and between Peet’s Coffee & Tea, Inc., a Washington corporation (“Parent”), and the stockholder identified on the signature page hereto (“Stockholder”).

PEET'S COFFEE & TEA KEY EMPLOYEE AGREEMENT FOR VICE PRESIDENT REAL ESTATE
Tea Key Employee Agreement • March 12th, 2004 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
GE CAPITAL LETTERHEAD]
Credit Agreement • May 16th, 2001 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products

We refer to the Credit Agreement (the "Credit Agreement") dated as of September 1, 2000 between Peet's Coffee and Tea, Inc. ("Borrower") and General Electric Capital Corporation ("Lender"). Capitalized terms used and not otherwise defined in this letter agreement shall have the respective meanings given to them in the Credit Agreement.

KEY EMPLOYEE AGREEMENT for CHIEF FINANCIAL OFFICER
Key Employee Agreement • December 1st, 2000 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
AGREEMENT AND PLAN OF MERGER By and Among PEET’S COFFEE & TEA, INC., JAB HOLDINGS BV and PANTHER MERGER CO. Dated as of July 21, 2012
Agreement and Plan of Merger • July 24th, 2012 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • Delaware

AGREEMENT AND PLAN OF MERGER (hereinafter called this “Agreement”), dated as of July 21, 2012, by and among Peet’s Coffee & Tea, Inc., a Washington corporation (the “Company”), JAB Holdings BV, a Dutch Besloten Vennootschap met beperkte aansprakelijkheid (“JAB”), and Panther Merger Co., a Washington corporation and an Affiliate of JAB (“Merger Sub”, the Company and Merger Sub sometimes being hereinafter collectively referred to as the “Constituent Corporations”).

CONFIDENTIALITY AGREEMENT
Confidentiality Agreement • November 17th, 2009 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California

THIS CONFIDENTIALITY AGREEMENT (“Agreement”) is being entered into as of September 27, 2008, between Diedrich Coffee, Inc. (“Diedrich”), Heeschen & Associates and Paul C. Heeschen (collectively, the “Diedrich Parties”), on the one hand, and Peet’s Coffee & Tea, Inc. (“Peet’s”), on the other. The Diedrich Parties and Peet’s are referred to collectively as the “Parties” and each is individually referred to as a “Party”).

KEY EMPLOYEE AGREEMENT FOR CHAIRMAN
Key Employee Agreement for Chairman • December 1st, 2000 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
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KEY EMPLOYEE AGREEMENT for VICE PRESIDENT MARKETING
Key Employee Agreement • December 1st, 2000 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
RECITALS
Credit Agreement • May 15th, 2002 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
AGREEMENT ---------
Credit Agreement • March 31st, 2003 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California
Amended and Restated Credit Agreement
Credit Agreement • December 22nd, 2010 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California

This Amended and Restated Credit Agreement (this “Agreement”) is entered into as of December 21, 2010, by and between Peet’s Coffee & Tea, Inc., a Washington corporation (“Borrower”), and Wells Fargo Bank, National Association (“Bank”).

PEET’S OPERATING COMPANY, INC. KEY EMPLOYEE AGREEMENT For P. CHRISTINE LANSING VICE PRESIDENT, CHIEF MARKETING OFFICER
Key Employee Agreement • March 13th, 2009 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California

This Key Employee Agreement (“Agreement”) is entered into as of the 3rd day of October, 2005, by and between P. Christine Lansing (“Executive”) and PEET’S OPERATING COMPANY, INC. (the “Company”), a Virginia corporation and a wholly-owned subsidiary of Peet’s Coffee & Tea, Inc. (successor in interest to PEET’S COMPANIES, INC.) (the “Parent”).

LETTER AGREEMENT BETWEEN THE COMPANY AND P. CHRISTINE LANSING
Letter Agreement • May 14th, 2010 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products

This confirms your decision to resign from your position as Vice President and General Manager of our Consumer business effective April 30, 2010 and from employment with Peet’s Coffee & Tea (the “Company”) effective July 5, 2010 to pursue another professional opportunity. From May 1, 2010 through July 5, 2010, you will remain a Company employee, performing limited transitional duties within your area of expertise as may be requested, but will no longer serve as a corporate officer. It is agreed and understood that you may commence employment with a new employer after April 30, 2010 and, if so, you will remain available by telephone to discuss with the Company and people and/or business issues where the Company may require your involvement or assistance. We are extremely grateful to you for your many contributions to the Company during your time with us and we wish you the very best in your new endeavors. The remainder of this letter outlines the compensation related terms surrounding y

NONQUALIFIED SUPPLEMENTAL DEFERRED COMPENSATION PLAN ADOPTION AGREEMENT
Plan Adoption Agreement • May 14th, 2010 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products

This Plan is an unfunded, nonqualified deferred compensation plan. With the consent of the Employer (as defined in subsection 2.16) the plan may be adopted by executing the Adoption Agreement (as defined in subsection 2.3) in the form attached hereto. The Plan contains certain variable features which the Employer has specified in the Adoption Agreement. Only those variable features specified by the Employer in the Adoption Agreement will be applicable to the Employer.

CREDIT AGREEMENT
Credit Agreement • December 3rd, 2008 • Peets Coffee & Tea Inc • Miscellaneous food preparations & kindred products • California

THIS CREDIT AGREEMENT (this “Agreement”) is entered into as of November 26, 2008, by and between PEET’S COFFEE & TEA, INC., a Washington corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).

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