Exhibit 10.30(a)
AMENDMENT NO. 1
TO
ASSET PURCHASE
AGREEMENT
This Amendment No. 1 (the
“ Amendment ”), dated as of November 12,
2008 amends that certain Asset Purchase Agreement dated as of
September 15, 2008 (the “ Agreement ”) by
and among Green Mountain Coffee Roasters, Inc., a Delaware
corporation (the “ Buyer ”), Tully’s
Coffee Corporation, a Washington corporation (the “ Seller
Parent ”) and Tully’s Bellaccino, LLC, a Washington
limited liability company (the “ Seller Subsidiary
” and together with the Seller Parent, “ Seller
”). Capitalized terms used and not otherwise defined in this
Amendment are used herein as defined in the Agreement.
WHEREAS, the parties to this
Amendment desire to amend the Agreement as provided
herein.
NOW, THEREFORE, for good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto hereby as
follows:
1. Amendment of
Section 8.1(b)(ii) .
1.1 Section 8.1(b)(ii) of the
Agreement is hereby amended by deleting the date “December
31, 2008” in the first line thereof and inserting in lieu
thereof the date “February 9, 2009”.
1.2. Section 8.1(b)(ii) of the
Agreement is hereby amended by deleting the date “February
15, 2009” in the ninth line thereof and inserting in lieu
thereof the date “March 24, 2009”.
2. The parties hereby agree that the
Escrow Agent shall be an escrow agent to be mutually agreed upon by
the Buyer and the Seller.
3. Except as amended hereby, the
Agreement is hereby ratified and confirmed and shall remain in full
force and effect.
4. This Amendment may be executed in
several counterparts, each of which shall be deemed an original and
all such counterparts shall constitute one and the same agreement.
Facsimile copies of signed signatures will be deemed binding
originals.
IN WITNESS WHEREOF, each of the undersigned has
executed this Amendment as an agreement under seal as of the date
first above written.
|
|
|
|
|
|
|
|
|
|
T
HE B UYER :
|
|
|
|
GREEN
MOUNTAIN COFFEE ROASTERS, INC.
|
|
|
|