DIEDRICH COFFEE INC - FORM 10-Q - EX-10.3 - SECOND AMENDMENT TO CREDIT AGREEMENT - November 2, 2009

Attached files

file filename
10-Q - FORM 10-Q - DIEDRICH COFFEE INCd10q.htm
EX-10.5 - FOURTH AMENDMENT TO CREDIT AGREEMENT - DIEDRICH COFFEE INCdex105.htm
EX-32.2 - SECTION 906 CERTIFICATION OF CHIEF FINANCIAL OFFICER - DIEDRICH COFFEE INCdex322.htm
EX-32.1 - SECTION 906 CERTIFICATION OF CHIEF EXECUTIVE OFFICER - DIEDRICH COFFEE INCdex321.htm
EX-10.7 - FIRST AMENDMENT TO LEASE AGREEMENT - DIEDRICH COFFEE INCdex107.htm
EX-31.1 - SECTION 302 CERTIFICATION OF CHIEF EXECUTIVE OFFICER - DIEDRICH COFFEE INCdex311.htm
EX-31.2 - SECTION 302 CERTIFICATION OF CHIEF FINANCIAL OFFICER - DIEDRICH COFFEE INCdex312.htm
EX-10.2 - FIRST AMENDMENT TO CREDIT AGREEMENT - DIEDRICH COFFEE INCdex102.htm
EX-10.1 - LETTER AGREEMENT WITH SEAN M. MCCARTHY - DIEDRICH COFFEE INCdex101.htm
EX-10.6 - LEASE AGREEMENT - DIEDRICH COFFEE INCdex106.htm
EX-10.4 - THIRD AMENDMENT TO CREDIT AGREEMENT - DIEDRICH COFFEE INCdex104.htm

Exhibit 10.3

SECOND AMENDMENT TO CREDIT AGREEMENT

This SECOND Amendment to Credit Agreement (the “Amendment”) is made and entered into as of October 28, 2007, by and between BANK OF THE WEST (the “Bank”) and DIEDRICH COFFEE, INC. (the “Borrower”) with respect to the following:

This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of November 4, 2005, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.

WHEREAS, the Borrower and the Bank mutually desire to extend and/or modify the Agreement.

NOW THEREFORE, for value received and hereby acknowledged, the Borrower and the Bank agree as follows:

 

1. Extension of Expiration Date. The Expiration Date provided for in Section 1.1.8 of the Agreement shall be extended to October 15, 2008.

 

2. Representations and Warranties. The Borrower hereby reaffirms the representations and warranties contained in the Agreement and represents that no event, which with notice or lapse of time, could become an Event of Default, has occurred or is continuing.

 

3. Confirmation of Other Terms and Conditions of the Agreement. Except as specifically provided in this Amendment, all other terms, conditions and covenants of the Agreement unaffected by this Amendment shall remain unchanged and shall continue in full force and effect and the Borrower hereby covenants and agrees to perform and observe all terms, covenants and agreements provided for in the Agreement, as hereby amended.

 

4. Governing Law. This Amendment shall be governed and construed in accordance with the laws of the State of California to which jurisdiction the parties hereto hereby consent and submit.

 

5. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, this Amendment has been executed by the parties hereto as of the date first hereinabove written.

 

BANK:     BORROWER:
BANK OF THE WEST     DIEDRICH COFFEE, INC.
BY:   /s/ Bruce Young     BY:   /s/ Sean McCarthy
NAME:   Bruce Young, Vice President     NAME:   Sean McCarthy CFO
    ADDRESS:
   

28 Executive Park, Suite 200

Irvine, CA 92614

DIEDRICH COFFEE INC Reports