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This excerpt taken from the GMCR 8-K filed Nov 13, 2009.

(Registrant’s telephone number)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 


This excerpt taken from the GMCR 8-K filed Nov 12, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 2.02 Results of Operations and Financial Condition

On November 11, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) issued a press release announcing its fourth quarter and full fiscal year results for the period ending September 26, 2009, and held a live audio webcast to discuss such results. The Company is furnishing to the Securities and Exchange Commission the conference call transcript attached as Exhibit 99.1.

The information furnished in Item 2.02, including the Exhibits attached hereto, shall not be deemed “filed” for any purpose, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, regardless of any general incorporation language in any such filing.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

 

99.1     Conference Call Transcript dated November 11, 2009 regarding Fourth Quarter and Full Year 2009 Results.


This excerpt taken from the GMCR 8-K filed Nov 12, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 


This excerpt taken from the GMCR 8-K filed Aug 12, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 7.01 Regulation FD Disclosure.

On August 12, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) closed its previously announced underwritten public offering of 5,750,000 shares of its common stock, which includes 750,000 shares purchased by the underwriters pursuant to their overallotment option. Upon the closing of the public offering, the Company will have 43,489,212 shares of common stock issued and outstanding.


This excerpt taken from the GMCR 8-K filed Aug 7, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 8.01 Other Events

On August 6, 2009 Green Mountain Coffee Roasters, Inc. (the “Company”) entered into an purchase agreement (the “Purchase Agreement”) with Merrill Lynch, Pierce, Fenner & Smith Incorporated, Canaccord Adams Inc., William Blair & Company, L.L.C., SunTrust Robinson Humphrey, Inc. and Janney Montgomery Scott LLC (the “Underwriters”) related to a public offering of 5,000,000 shares of the Company’s common stock, par value $0.10 per share, (the “Common Stock”) at a price to the public of $67.25 per share pursuant to a registration statement on Form S-3 (File No. 333-160974) and a related prospectus supplement. In addition, the Company granted the Underwriters an option exercisable for 30 days from the date of the Purchase Agreement to purchase, at the public offering price less any underwriting discounts and commissions, up to an additional 750,000 shares of Common Stock to cover overallotments, if any. Subject to customary closing conditions, the offering is expected to close on August 12, 2009.

The above description of the Purchase Agreement is qualified in its entirety by reference to the Purchase Agreement, which is filed as Exhibit 1.1 hereto and incorporated herein by reference.

Ropes & Gray, LLP counsel to the Company, has issued an opinion to the Company, dated August 6, 2009 regarding the legality of the issuance and sale of the Common Stock in the offering. A copy of the opinion as to legality is filed as Exhibit 5.1 to this Current Report on Form 8-K.

A copy of the Company’s press release announcing the offering is attached hereto as Exhibit 99.1.

 

Item 9.01 Financial Statements and Exhibits

 

(d) Exhibits

 

  1.1   Purchase Agreement by and among Green Mountain Coffee Roasters, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Canaccord Adams Inc., William Blair & Company, L.L.C., SunTrust Robinson Humphrey, Inc. and Janney Montgomery Scott LLC, dated August 6, 2009.
  5.1   Opinion of Ropes & Gray, LLP
23.1   Consent of Ropes & Gray, LLP (included in Exhibit 5.1 above).
99.1   Press Release dated August 7, 2009, announcing pricing of Green Mountain Coffee Roasters, Inc.’s Common Stock offering.


This excerpt taken from the GMCR 8-K filed Aug 3, 2009.

(Registrant’s telephone number)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 7.01 Regulation FD Disclosure.

On August 3, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) issued a press release announcing the commencement of an offering of shares of its common stock, $0.10 par value, pursuant to an automatic shelf registration statement on Form S-3 filed with the Securities and Exchange Commission. A copy of the Company’s press release containing this announcement is attached hereto as Exhibit 99.1 and is incorporated by reference herein.

 

Item 9.01 Financial Statements and Exhibits.

(d)    Exhibits

99.1  Press Release dated August 3, 2009, announcing offering of common stock.


This excerpt taken from the GMCR 8-K filed Jul 29, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 2.02 Results of Operations and Financial Condition

On July 29, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) issued a press release announcing its third quarter results for the period ending June 27, 2009. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

The information furnished in Item 2.02, including the Exhibits attached hereto, shall not be deemed “filed” for any purpose, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, regardless of any general incorporation language in any such filing.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

 

99.1   Press Release of the Company dated July 29, 2009 regarding Third Quarter 2009 Results.


This excerpt taken from the GMCR 8-K filed Jul 1, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨  

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨  

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨  

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨  

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 1.01 Entry into a Material Definitive Agreement

On June 29, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) exercised its increase option (the “Facility Increase”) under its Amended and Restated Revolving Credit Agreement (the “Credit Agreement”), dated as of December 3, 2007, by and among the Company, as borrower, the subsidiaries of the Company, as guarantors, Bank of America, N.A., as administrative agent and lender, the other lenders party thereto, Banc of America Securities, LLC, as sole lead arranger and sole book manager and the other agents named therein, as amended by Amendment No. 1 to the Credit Agreement, dated July 18, 2008.

The Facility Increase is in the form of a $50 million term loan, to be amortized at the rate of 10% annually, commencing on September 30, 2009. All borrowings under the Credit Agreement, including the outstanding balance under the term loan, are due on December 3, 2012. Borrowings under the term loan bear interest at LIBOR plus 350 basis points annually. The Credit Agreement contains events of default that include, among others, failure to make payments when due, violation of certain covenants, inaccuracy of representations and warranties, bankruptcy and insolvency events, and cross defaults to certain other agreements. The occurrence of an event of default could result in the acceleration of the Company’s obligations under the Credit Agreement, including the term loan, and an increase to the applicable interest rate.

In addition, on June 29, 2009, the Company entered into the Amendment No. 2 (the “Amendment”) to the Credit Agreement. The Amendment removes the capital expenditures limitation covenant and adjusts the definition of the Fixed Charge Coverage Ratio to modify the capital expenditures captured in the definition to 50% of unfinanced capital expenditures. The Amendment is effective as of June 29, 2009.

 

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.

The information under Item 1.01 is incorporated herein by reference.


This excerpt taken from the GMCR 8-K filed May 19, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 8.01 Other Events

On May 19, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) issued a press release announcing that its Board of Directors has approved a 3-for-2 stock split, to be effected in the form of a stock dividend of one share of the Company’s common stock for every two issued shares. The additional shares will be distributed on June 8, 2009 to shareholders of record at the close of business on May 29, 2009. A copy of the press release is attached hereto as Exhibit 99.1.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

 

99.1 Press Release of the Company dated May 19, 2009.


This excerpt taken from the GMCR 8-K filed Apr 29, 2009.

(Registrant’s telephone number)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 2.02 Results of Operations and Financial Condition

On April 29, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) issued a press release announcing its second quarter results for the period ending March 28, 2009. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

The information furnished in Item 2.02, including the Exhibits attached hereto, shall not be deemed “filed” for any purpose, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, regardless of any general incorporation language in any such filing.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

 

99.1    Press Release of the Company dated April 29, 2009 regarding Second Quarter 2009 Results.


This excerpt taken from the GMCR 8-K filed Mar 27, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


This excerpt taken from the GMCR 8-K filed Feb 9, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 1.01 Entry into a Material Definitive Agreement.

On February 6, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) entered into Amendment No. 2 (the “Amendment”) to the Asset Purchase Agreement (the “Purchase Agreement”) by and among the Company, Tully’s Coffee Corporation, a Washington corporation (“Tully’s”) and Tully’s Bellaccino, LLC, a Washington limited liability company and wholly-owned subsidiary of Tully’s. The Amendment extends the date upon which either party may terminate the Purchase Agreement if the closing has not yet occurred until March 27, 2009.


This excerpt taken from the GMCR 8-K filed Jan 28, 2009.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨  

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨  

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨  

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨  

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 2.02 Results of Operations and Financial Condition

On January 28, 2009, Green Mountain Coffee Roasters, Inc. (the “Company”) issued a press release announcing its fiscal first quarter results for the period ending December 27, 2008. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

The information furnished in Item 2.02, including the Exhibits attached hereto, shall not be deemed “filed” for any purpose, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, regardless of any general incorporation language in any such filing.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

99.1 Press Release of the Company dated January 28, 2009 regarding First Quarter 2009 Results.


This excerpt taken from the GMCR 8-K filed Dec 31, 2008.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


This excerpt taken from the GMCR 8-K filed Nov 18, 2008.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 1.01 Entry into a Material Definitive Agreement.

On November 12, 2008, Green Mountain Coffee Roasters, Inc. (the “Company”) entered into an amendment (the “Amendment”) to the Asset Purchase Agreement by and among the Company, Tully’s Coffee Corporation, a Washington corporation (“Tully’s”) and Tully’s Bellaccino, LLC, a Washington limited liability company and wholly-owned subsidiary of Tully’s (the “Purchase Agreement”). The Amendment extends the date upon which either party may terminate the Purchase Agreement if the (i) closing has not yet occurred (the “Outside Date”) or (ii) closing has not yet occurred solely as a result of the Tully’s shareholder approval relating the Purchase Agreement and the transactions contemplated thereby not being obtained prior to such date (the “Modified Outside Date”). The Outside Date and the Modified Outside Date were specifically negotiated by the parties based on when the proxy statement was required to be filed under the terms of the Purchase Agreement. As Tully’s missed the contractual deadline to file the proxy statement, the parties executed the Amendment to extend the Outside Date and the Modified Outside Date on a day for day basis based on the delay.


This excerpt taken from the GMCR 8-K filed Nov 12, 2008.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 2.02 Results of Operations and Financial Condition

On November 12, 2008, Green Mountain Coffee Roasters, Inc. (the “Company”) issued a press release announcing its fourth quarter and full fiscal year results for the period ending September 27, 2008. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

The information furnished in Item 2.02, including the Exhibits attached hereto, shall not be deemed “filed” for any purpose, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, regardless of any general incorporation language in any such filing.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

99.1 Press Release of the Company dated November 12, 2008 regarding Fourth Quarter and Full Year 2008 Results.


This excerpt taken from the GMCR 8-K filed Oct 30, 2008.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 8.01 Other Events.

On October 24, 2008, Green Mountain Coffee Roasters, Inc. (the “Company”) received consent from the lenders under its existing revolving credit agreement to waive the provision of the credit agreement which prohibits borrowings in excess of $25,000,000 for acquisitions in a fiscal year for the limited purpose of allowing the Company to consummate the acquisition of the Tully’s Coffee Corporation (“Tully’s”) coffee brand and assets related to the Tully’s wholesale business.

As previously announced, on September 15, 2008, the Company entered into an Asset Purchase Agreement with Tully’s pursuant to which the Company agreed to acquire the Tully’s coffee brand and assets related to the Tully’s wholesale business for a purchase price of $40.3 million, paid in cash. The Asset Purchase Agreement contains customary representations, warranties and covenants, and is subject to customary closing conditions, including the approval of the Tully’s shareholders.


This excerpt taken from the GMCR 8-K filed Oct 24, 2008.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

 


Item 1.01 Entry into a Material Definitive Agreement.

On October 23, 2008, Keurig, Incorporated (“Keurig”), a wholly-owned subsidiary of Green Mountain Coffee Roasters, Inc., entered into a Settlement and License Agreement with Kraft Foods Inc., Kraft Foods Global, Inc., and Tassimo Corporation (collectively “Kraft”) providing for a complete settlement of Keurig’s previously filed lawsuit against Kraft in the United States District Court for the District of Delaware (Case No. 07-cv-17 GMS) (the “Lawsuit”).

Pursuant to the terms of the Settlement and License Agreement, Kraft will pay to Keurig a lump sum of $17,000,000 and Keurig grants to Kraft and its affiliates a limited, non-exclusive, perpetual, worldwide, fully paid up license of Keurig’s United States Patents Numbered 6,607,762 (the “762 Patent”), and 7,377,162 (the “162 Patent”), and United States and foreign counterpart patents connected to the 762 Patent or 162 Patent, for use in connection with the manufacture, distribution and sale of beverage brewing machines and certain beverage filter cartridges.

The Settlement Agreement also provides for the parties to dismiss the Lawsuit and includes a mutual general release of claims between the parties related thereto.

A copy of the press release announcing the execution of the Settlement and License Agreement is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

 

99.1   Press Release dated October 23, 2008.


This excerpt taken from the GMCR 8-K filed Sep 16, 2008.

(Registrant’s telephone number)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

  ¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

  ¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

  ¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

  ¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 


This excerpt taken from the GMCR 8-K filed Jul 24, 2008.

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 1.01 Entry into a Material Definitive Agreement

On July 18, 2008, Green Mountain Coffee Roasters, Inc. (the “Company”) entered into the Amendment No. 1 (the “Amendment”) to the Amended and Restated Revolving Credit Agreement (the “Credit Agreement”), dated as of December 3, 2007, by and among the Company as borrower, Bank of America, N.A., as administrative agent and lender, the other lenders party thereto, and Banc of America Securities, LLC, as sole lead arranger and sole book manager.

The Amendment increases the maximum amount of annual capital expenditures permitted in fiscal year 2008 and each fiscal year thereafter to $60 million. In addition, the Company is allowed a carry-over of the unused amount available for capital expenditures for the preceding fiscal year up to $15,000,000. The Amendment is effective as of July 18, 2008.


This excerpt taken from the GMCR 8-K filed Jun 4, 2008.

(Registrant’s telephone number)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 


Item 1.01 Entry into a Material Definitive Agreement

On June 2, 2008, Green Mountain Coffee Roasters, Inc. (the “Company”) entered into an agreement to buy property in Knoxville, Tennessee (the “Property”) for a purchase price of $10,500,000.00. The Property consists of an approximately 334,000 square foot facility on approximately thirty-one acres of land. The Company anticipates that the Property will be used as a new plant with packaging lines for K-Cup portion packs installed in the months after closing and then roasting and other packaging lines in the future.

The Company’s agreement to purchase the Property is subject to customary conditions, including: availability of title insurance; zoning of the entire Property for the Company’s intended improvements; obtaining all necessary permits, licenses and approvals; completion of due diligence by the Company in the next forty-five days; receipt of financing acceptable to the Company; and approval by the Company’s board of directors.

 


This excerpt taken from the GMCR 8-K filed Jun 20, 2006.

(Registrant’s telephone number)

 


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 



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