SETTLEMENT AGREEMENTSettlement Agreement • February 3rd, 2016 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses • California
This Settlement Agreement (“Agreement”) is entered into as of January 26, 2016, (the “Effective Date”) by and between Overstock.com, Inc., Keith Carpenter, Olivier Chang, Fern Bailey and Wendy Mather, as Co-Personal Representatives of the Estate of Mary Helburn, Elizabeth Foster, Hugh D. Barron, David Trent and Mark Montag, on the one hand (collectively the “Overstock Parties”), and Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Pierce”) and Merrill Lynch Professional Clearing Corporation (“Merrill Pro”), on the other hand (collectively the “Merrill Parties”). The Overstock Parties and the Merrill Parties are referred to collectively herein as the “Settling Parties.”
