AGREEMENT AND PLAN OF MERGERAgreement 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.
STOCKHOLDER AGREEMENTStockholder 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”).
