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.

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