Note Purchase Agreement

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This Note Purchase Agreement involves

DIEDRICH COFFEE INC | BDO Seidman, LLP | Sequoia Enterprises, LP | Vessel Partners, LP

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Title: Note Purchase Agreement
Date: 1/30/2009
Industry: Restaurants Sector: Services

Exhibit 10.1

SEQUOIA ENTERPRISES, L.P.

VESSEL PARTNERS, L.P.

January 23, 2009

BDO Seidman, LLP

Ladies and gentlemen:

In connection with BDO Seidman, LLP’s audit of the consolidated financial statements of Diedrich Coffee, Inc. (the “Company”) as of and for the year ended June 25, 2008, Sequoia Enterprises, L.P. (“Sequoia”) and Vessel Partners, L.P. (“Vessel” and collectively with Sequoia, the “Lenders”) make the following commitments. This letter amends, restates and supersedes the Lenders’ letters to you dated as of October 8, 2008 and November 10, 2008.

The Lenders commit to provide additional financial support to the Company on commercially acceptable terms not to exceed $5 million until April 8, 2010. Such amount will provide cash flow sufficient to operate the Company on a going concern basis during that period.

To evidence the commitment in the paragraph above, the L

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