Overstock.com 2005 Annual Report Download - page 34

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court denied the defendants demurrers to and motions to strike the amended complaint. The defendants have each filed a motion to
appeal the court's decision. We intend to pursue this action vigorously.
ITEM 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS
No matters were submitted to a vote of security holders during the fourth quarter of 2005.
PART II
ITEM 5. MARKET FOR THE REGISTRANT'S COMMON EQUITY, RELATED STOCKHOLDER MATTERS AND
ISSUER PURCHASES OF EQUITY SECURITIES
Our common stock is traded on the Nasdaq National Market under the symbol "OSTK." Prior to May 30, 2002, there was no
public market for our common stock. The following table sets forth, for the periods indicated, the high and low closing prices per
share for our common stock as reported on the Nasdaq National Market since May 30, 2002.
Common
Stock Price
High Low
Year Ended December 31, 2002
Second Quarter (from May 30, 2002) $ 14.60 $ 12.25
Third Quarter 14.55 5.40
Fourth Quarter 15.43 4.41
Year Ended December 31, 2003
First Quarter 18.11 9.74
Second Quarter 14.69 8.00
Third Quarter 17.24 10.47
Fourth Quarter 20.92 12.84
Year Ended December 31, 2004
First Quarter 34.84 16.32
Second Quarter 40.23 30.65
Third Quarter 38.27 27.88
Fourth Quarter 76.05 38.43
Year Ended December 31, 2005
First Quarter 65.94 41.75
Second Quarter 45.31 34.15
Third Quarter 46.87 36.44
Fourth Quarter 41.59 28.15
As of December 31, 2005, there were approximately 238 holders of record of our common stock. Because many of our shares of
common stock are held by brokers and other institutions on behalf of shareholders, we are unable to estimate the total number of
shareholders represented by these record holders.
We have never declared or paid any cash dividends on shares of our non-redeemable common stock. We currently intend to
retain our earnings for future growth and do not anticipate paying any cash dividends in the foreseeable future. Any future
determination to pay dividends will be at the discretion of our board of directors and will depend on our results of operations, financial
conditions, contractual and legal restrictions and other factors the board deems relevant.
Certain offerings of our common stock may not have complied with various requirements of applicable state and securities laws.
As such, certain investors in our common stock may be entitled to return their shares to us and receive back from us the full price they
paid, plus interest. Although no
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