AMENDMENT NO. 3 TO Capital on Demand™ SALES AGREEMENTCapital on Demand™ Sales Agreement • April 10th, 2020 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses • New York
Contract Type FiledApril 10th, 2020 Company Industry JurisdictionOverstock.com, Inc. (the “Company”) and JonesTrading Institutional Services LLC (the “Agent”) are parties to that certain Capital on Demand™ Sales Agreement dated August 9, 2018, as amended on March 15, 2019 and November 12, 2019 (together, the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement pursuant to the terms of this amendment No. 3 to the Original Agreement (this “Amendment No. 3”) as follows: