0001104659-09-071299 Sample Contracts

REVOLVING NOTE (Cash Secured Advances)
OVERSTOCK.COM, Inc • December 23rd, 2009 • Retail-catalog & mail-order houses

This Note is one of the “Notes” referred to in the Financing Agreement and is entitled to the benefits and security, and is subject to the terms and conditions, of the Financing Agreement, including, without limitation, acceleration upon the terms provided therein and in the other Loan Documents. All capitalized terms used herein which are defined in the Financing Agreement and not otherwise defined herein shall have the meanings given in the Financing Agreement.

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SECURITY AGREEMENT
Security Agreement • December 23rd, 2009 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses

THIS SECURITY AGREEMENT (this “Agreement”) dated as of December 22, 2009 is between OVERSTOCK.COM, INC., a Delaware corporation (“Borrower”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Bank”).

U.S. $20,000,000 FINANCING AGREEMENT, dated as of December 22, 2009, between U.S. BANK NATIONAL ASSOCIATION, as Bank and OVERSTOCK.COM, INC., as Borrower
Financing Agreement • December 23rd, 2009 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses

THIS FINANCING AGREEMENT (this “Agreement”), made and entered into as of December 22, 2009 by and between U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Bank”), and OVERSTOCK.COM, INC., a Delaware corporation (“Borrower”), is as follows:

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