-----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, CL1txxZaAUx4yXfU06kAT1/rQNIRhbQIxkAKFp1ErOoMpwvUufrgMpHdE2cVID4o YiwOv1D4XJ7ieSwoMqUC2A== 0001181431-10-026152.txt : 20100512 0001181431-10-026152.hdr.sgml : 20100512 20100512173536 ACCESSION NUMBER: 0001181431-10-026152 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100511 FILED AS OF DATE: 20100512 DATE AS OF CHANGE: 20100512 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Palmer Greg D CENTRAL INDEX KEY: 0001375782 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21203 FILM NUMBER: 10825485 MAIL ADDRESS: STREET 1: 26481 BROKEN BIT LANE CITY: LAGUNA HILLS STATE: CA ZIP: 92653 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: 0624 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 4 1 rrd274870.xml FORM 4 X0303 4 2010-05-11 1 0000947661 DIEDRICH COFFEE INC DDRX 0001375782 Palmer Greg D 28 EXECUTIVE PARK, SUITE 200 IRVINE CA 92614 1 0 0 0 Employee Stock Option (right to buy) 4.01 2010-05-11 4 D 0 15000 35.00 D 2016-09-29 Common Stock 15000 0 D Employee Stock Option (right to buy) 3.575 2010-05-11 4 D 0 15000 35.00 D 2007-12-12 2016-12-12 Common Stock 15000 0 D Employee Stock Option (right to buy) 3.575 2010-05-11 4 D 0 15000 35.00 D 2008-12-11 2017-12-11 Common Stock 15000 0 D Employee Stock Option (right to buy) 0.54 2010-05-11 4 D 0 15000 35.00 D 2010-01-22 2019-01-22 Common Stock 15000 0 D Employee Stock Option (right to buy) 34.74 2010-05-11 4 D 0 15000 35.00 D 2020-02-18 Common Stock 15000 0 D 50% of the option vested and became exercisable on September 29, 2007, and 50% of the option vested and became exercisable on September 29, 2008. Pursuant to the Agreement and Plan of Merger (the "Agreement"), dated as of December 7, 2009, by and among the issuer, Green Mountain Coffee Roasters, Inc. and Pebbles Acquisition Sub, Inc. ("Purchaser"), at the time Purchaser accepted shares for payment pursuant to the offer contemplated by the Agreement (the "Acceptance Time"), this option was canceled and, in exchange, the holder received an amount in cash equal to the excess of $35.00 over the exercise price per share of such option, multiplied by the number of shares underlying such option. This option grant provided for the option to vest and become exercisable on the earlier of (i) the first anniversary of the grant date of February 18, 2010, and (ii) immediately prior to the annual meeting of stockholders following the grant date. Vesting of this option grant was accelerated at the Acceptance Time pursuant to the Agreement and the plan under which the grant was made. /s/ Greg D. Palmer 2010-05-11 -----END PRIVACY-ENHANCED MESSAGE-----