This excerpt taken from the GMCR 8-K filed Nov 23, 2009.
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On November 23, 2009, Green Mountain Coffee Roasters, Inc. (the Company) issued a press release confirming that it has submitted a proposal to acquire all of the outstanding shares of common stock, par value $0.01 per share, of Diedrich Coffee, Inc. (Diedrich) for $30.00 per share in cash pursuant to a cash tender offer. The proposal has no financing or due diligence contingencies. The proposed transaction will have a total enterprise value of approximately $247 million, and will be financed with the Companys cash on hand and existing bank lines of credit. Separately, today Diedrich announced that the Board of Directors of Diedrich had determined that the Companys offer constituted a superior proposal, as defined in the existing merger agreement between Diedrich and Peets Coffee & Tea, Inc. (Peets), to the November 2, 2009 Peets proposal. Diedrich also announced today that it has received a revised offer from Peets.
The press release confirming the Companys proposal is attached as Exhibit 99.1 to this Current Report on Form 8-K, and is incorporated herein by reference.
The tender offer to purchase shares of Diedrich common stock referenced in this Current Report on Form 8-K has not yet commenced, and this Current Report on Form 8-K is neither an offer to purchase, nor a solicitation of an offer to sell, any securities. The tender offer to purchase shares of Diedrich common stock will be made only pursuant to a Tender Offer Statement on Schedule TO containing an offer to purchase, forms of letters of transmittal and other documents relating to the tender offer (the Tender Offer Statement), which the Company will file with the U.S. Securities and Exchange Commission (the SEC) and mail to Diedrich stockholders. Security holders of Diedrich are advised to read the Tender Offer Statement when it becomes available, because it will contain important information about the tender offer. Investors and security holders of Diedrich also are advised that they may obtain free copies of the Tender Offer Statement and other documents filed by the Company with the SEC (when these documents become available) on the SECs website at http://www.sec.gov. In addition, free copies of the Tender Offer Statement and related materials may be obtained (when these documents become available) from the Company by written request to: Green Mountain Coffee Roasters, Inc., Attention: General Counsel, 33 Coffee Lane, Waterbury, Vermont 05676.