Exhibit 10.1
AMENDMENT NO. 1
TO
STOCK PURCHASE
AGREEMENT
THIS AMENDMENT NO. 1 TO STOCK
PURCHASE AGREEMENT (this “ Amendment ”) is
entered into as of May 29, 2009, by and between Praise
International North America, Inc., a Delaware corporation (“
Buyer ”), and Diedrich Coffee, Inc., a Delaware
corporation (“ Seller ”), with reference to the
following:
WHEREAS, Buyer and Seller are
parties to that certain Stock Purchase Agreement dated as of
March 27, 2009 (the “ Agreement ”);
and
WHEREAS, in accordance with
Section 11.11 of the Agreement, Buyer and Seller desire to
amend the Agreement as described below.
NOW, THEREFORE, for good and
valuable consideration, the receipt and adequacy of which are
hereby acknowledged, and intending to be legally bound, the parties
hereto agree as follows:
1. Amendment .
Section 10.1(b) of the Agreement is hereby amended such that
the date “May 31, 2009” contained therein shall be
stricken and replaced with the date “June 12,
2009.”
2. No Further Amendments .
Except as expressly amended pursuant to Section 1
hereof, the remaining provisions of the Agreement shall remain in
full force and effect in accordance with their terms,
notwithstanding the execution and delivery of this
Amendment.
3. Define
