NOTE PURCHASE AGREEMENT, FIRST AMENDMENT TO STOCK PURCHASE AGREEMENT, AND FIRST AMENDMENT TO SUB-SUBLEASE AGREEMENTNote Purchase Agreement, First Amendment to Stock Purchase Agreement, and First Amendment to Sub-Sublease Agreement • January 26th, 2009 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses • Utah
This Note Purchase Agreement, First Amendment to Stock Purchase Agreement and First Amendment to Sub-Sublease Agreement (this “Agreement”), dated as of January , 2009, is entered into by and among Overstock.com, Inc., a Delaware corporation (“Seller”), Mountain Reservations, Inc. (f/k/a OTravel.com, Inc.), a Utah corporation (the “Company”) and Castles Travel, Inc., a Delaware corporation (“Buyer”). Seller, the Company and Buyer are referred to herein individually as a “Party” and collectively as the “Parties”. Capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Purchase Agreement (as defined below).
