SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K


CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities and Exchange Act of 1934

Date of Report (Date of earliest event reported): September 8, 2008

Peet's Coffee & Tea, Inc.  

(Exact Name of Registrant as Specified in Its Charter)


Washington
(State of jurisdiction)
 
0-32233
(Commission File No.)
 
91-0863396
(IRS Employer Identification No.)


1400 Park Avenue
Emeryville, California 94608-3520
(Address of principal executive offices and zip code)

Registrant's telephone number, including area code: (510) 594-2100

 
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):
 
o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 
 
 
ITEM 5.02  – DEPARTURE OF DIRECTORS OR CERTAIN OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; COMPENSATORY ARRANGEMENT OF CERTAIN OFFICERS

On September 4, 2008, the Board of Directors amended and restated the 2000 Equity Incentive Plan to extend the exercise period for employees who qualify for retirement. The exercise period for vested options will be extended to the earlier of (i) the date four (4) years following retirement or (ii) the expiration of the term of the option as set forth in the option agreement. To qualify for retirement an employee must attain a combined age plus continuous service equal to sixty (60) years, with at least five (5) years of continuous service.
 
 
ITEM 9.01 –   FINANCIAL STATEMENTS AND EXHIBITS.
 
Exhibits.
 
Exhibit No.
Description
99.1
2000 Equity Incentive Plan as Amended and Restated on September 4, 2008
 
 
 
 
 
SIGNATURE
 
Pursuant to the requirements of the Securities Exchange Act of 1934, Peet's Coffee & Tea, Inc. has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

   
Peet's Coffee & Tea, Inc.
       
Dated: September 8, 2008
 
By:
  /s/ Thomas Cawley
     
Thomas Cawley
     
Chief Financial Officer

 
 
 
 
 
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