0000950137-08-004069 Sample Contracts

SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENT
Lease and License Financing and Purchase Option Agreement • March 21st, 2008 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York

THIS SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED LEASE AND LICENSE FINANCING AND PURCHASE OPTION AGREEMENT (this “Amendment”), dated as of February 13, 2008, is by and between ARABICA FUNDING, INC., a Delaware corporation (“Arabica”) and CARIBOU COFFEE COMPANY, INC., a Minnesota corporation (the “Company”).

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FIFTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 21st, 2008 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • New York

THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of February 13, 2008, is by and between ARABICA FUNDING, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), and BANK OF AMERICA, N.A., as successor-by-merger to Fleet National Bank, as administrative agent (the “Administrative Agent”).

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