0000912057-02-008668 Sample Contracts

AGREEMENT AND PLAN OF MERGER By and Among Overstock.com, Inc., a Utah corporation and Overstock.com Acquisition Subsidiary, Inc., a Washington corporation and Gear.com, Inc., a Washington corporation Executed on November 3, 2000
Merger Agreement • March 5th, 2002 • Overstock Com Inc • Utah

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into on the 3rd day of November, 2000 (the “Execution Date”), by and among OVERSTOCK.COM, INC., a Utah corporation (“Overstock.com”), OVERSTOCK.COM ACQUISITION SUBSIDIARY, INC., a Washington corporation (“Sub”) and GEAR.COM, INC., a Washington corporation (“Gear.com”).

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HOLLADAY BUILDING EAST L.L.C. FIRST LEASE EXTENSION AGREEMENT
Lease Extension Agreement • March 5th, 2002 • Overstock Com Inc

THIS AGREEMENT MADE and entered into this 25th day of January 2002, by and between Holladay Building East L.L.C. (“Lessor”) and Overstock.com (“Lessee”).

STOCK PURCHASE AGREEMENT (Under Annual Employee Stock Purchase Program)
Stock Purchase Agreement • March 5th, 2002 • Overstock Com Inc • Utah

This Restricted Stock Purchase Agreement is made this day of , 20 between Overstock.com, Inc., a Utah corporation (the “Company”), and , (the “Purchaser”).

OLD MILL CORPORATE CENTER
Lease Agreement • March 5th, 2002 • Overstock Com Inc • Utah

THIS LEASE AGREEMENT (the “Lease”) is dated the 23rd day of January, 2002, between HOLLADAY BUILDING EAST L.L.C., (“Lessor”) and Overstock.com (“Lessee”).

STANDARD INDUSTRIAL/COMMERCIAL MULTI–TENANT LEASE—NET AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION
Lease Agreement • March 5th, 2002 • Overstock Com Inc • Utah
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