Overstock.com, Inc. Common Stock ($0.0001 par value per share) Amended and Restated Capital on Demand™ Sales AgreementCapital on Demand Sales Agreement • June 29th, 2020 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses • New York
Overstock.com, Inc. a Delaware corporation (the “Company”) and JonesTrading Institutional Services LLC (“JonesTrading”) are parties to that certain Capital on Demand™ Sales Agreement dated August 9, 2018, as amended on March 15, 2019, November 12, 2019 and April 9, 2020 (together, the “Original Agreement”). Together with D.A. Davidson & Co. (“D.A. Davidson”; each of JonesTrading and D.A. Davidson individually an “Agent” and together, the “Agents”), the Company and the Agents desire to amend and restate the Original Agreement as set forth in this agreement (this “Agreement”), and hereby agree as follows:
