-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, T27yJnQagDkUG13DfgPpnUs1yCjwRYfm1CLKn2mqfDEtI7ju7G5cLGUN4xDcE9iR yFTXxZRnApouw1YZrb876A== 0001181431-08-050660.txt : 20080828 0001181431-08-050660.hdr.sgml : 20080828 20080828182131 ACCESSION NUMBER: 0001181431-08-050660 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20080826 FILED AS OF DATE: 20080828 DATE AS OF CHANGE: 20080828 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DIEDRICH COFFEE INC CENTRAL INDEX KEY: 0000947661 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-FOOD STORES [5400] IRS NUMBER: 330086628 STATE OF INCORPORATION: CA FISCAL YEAR END: 0627 BUSINESS ADDRESS: STREET 1: 28 EXECUTIVE PARK STREET 2: SUITE 200 CITY: IRVINE STATE: CA ZIP: 92614 BUSINESS PHONE: 9492601600 MAIL ADDRESS: STREET 1: 28 EXECUTIVE PARK STREET 2: SUITE 200 CITY: IRVINE STATE: CA ZIP: 92614 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: HEESCHEN PAUL C CENTRAL INDEX KEY: 0001038518 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21203 FILM NUMBER: 081046640 BUSINESS ADDRESS: STREET 1: 450 NEWPORT CENTER DRIVE STREET 2: SUITE 450 CITY: NEWPORT BEACH STATE: CA ZIP: 92660 BUSINESS PHONE: 7146441850 MAIL ADDRESS: STREET 1: 450 NEWPORT CENTER DRIVE STREET 2: STE 450 CITY: NEWPORT BEACH STATE: CA ZIP: 92660 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Sequoia Enterprises, L.P. CENTRAL INDEX KEY: 0001296809 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21203 FILM NUMBER: 081046639 BUSINESS ADDRESS: STREET 1: 450 NEWPORT CENTER DRIVE, STE 450 CITY: NEWPORT BEACH STATE: CA ZIP: 92662 BUSINESS PHONE: 949-644-1850 MAIL ADDRESS: STREET 1: 450 NEWPORT CENTER DRIVE, STE 450 CITY: NEWPORT BEACH STATE: CA ZIP: 92662 4 1 rrd217332.xml STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES X0303 4 2008-08-26 0 0000947661 DIEDRICH COFFEE INC DDRX 0001038518 HEESCHEN PAUL C 450 NEWPORT CENTER DRIVE SUITE 450 NEWPORT BEACH CA 92660 1 0 1 0 0001296809 Sequoia Enterprises, L.P. 450 NEWPORT CENTER DRIVE SUITE 450 NEWPORT BEACH CA 92660 0 0 1 0 Warrant to Purchase Common Stock 2.00 2008-08-26 4 P 0 1667000 0 A 2008-08-26 2013-08-26 Common Stock 1667000 1921219 I See note Warrant to Purchase Common Stock 3.00 2008-08-26 4 D 0 250000 D 2014-06-30 Common Stock 250000 1671219 I See note Warrant to Purchase Common Stock 2.0 2008-08-26 4 P 0 250000 A 2014-06-30 Common Stock 250000 1921219 I See note Warrant to Purchase Common Stock 2008-08-26 4 D 0 4219 0 D Common Stock 4219 1917000 I See note On August 26, 2008, the issuer entered into a loan agreement, and an extension of an existing loan facility, with Sequoia Enterprises, L.P. (the "Financing"). In connection with the Financing, Sequoia Enterprises, L.P.'s outstanding warrant to purchase 4,219 shares of common stock of the issuer was cancelled, and a new warrant to purchase 1,667,000 shares of common stock of the issuer at an exercise price of $2.00 per share was issued. Also in connection with the Financing, the issuer changed the exercise price of Sequoia Enterprises, L.P.'s outstanding warrant to purchase 250,000 shares of common stock of the issuer (which was issued to Sequoia on May 8, 2001) to $2.00 per share, subject to adjustment as provided in the warrant and a related registration rights agreement. The warrant is immediately exercisable. The warrant is owned directly by Sequoia Enterprises L.P., a greater than 10% owner of the issuer, and indirectly by Paul C. Heeschen, the sole general partner of Sequoia Enterprises, L.P. Paul C. Heeschen is also the chairman of the board of directors of the issuer. /s/ Paul C. Heeschen 2008-08-28 /s/ Paul C. Heeschen, as General Partner, Sequoia Enterprises, L.P. 2008-08-28 -----END PRIVACY-ENHANCED MESSAGE-----