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3. Exhibits
The exhibits listed below are filed as part of, or incorporated by reference into, this Form 10-K.
Exhibit
Number Description of Document
3.1 (a) Amended and Restated Certificate of Incorporation.
3.2 (a) Amended and Restated Bylaws.
4.1 (b) Form of specimen common stock certificate.
4.2 (b) Investor Rights Agreement, dated March 4, 2002.
10.1 (b) Form of Indemnification Agreement between Overstock.com, Inc. and each of its
directors and officers.
10.2 (b) Amended and Restated 1999 Stock Option Plan and form of agreements thereunder.
10.3 (b) 2001 Stock Purchase Plan and form of agreements thereunder.
10.4 (b) Gear.com, Inc. Restated 1998 Stock Option Plan and form of agreements thereunder.
10.5 Form of agreements under 2002 Stock Option Plan, as amended (incorporated by
reference to Exhibit 10.5 to our Registration Statement on Form S-1 (File
No. 333-83728), which became effective on May 29, 2002).
10.6 (b) Agreement and Plan of Merger dated November 3, 2000 by and between
Overstock.com, Inc. and Gear.com, Inc.
10.7 Lease Agreement dated January 23, 2002 between Overstock.com, Inc. and Holladay
Building East L.L.C. (incorporated by reference to Exhibit 10.8 to our Registration
Statement on Form S-1 (File No. 333-83728), which became effective on May 29, 2002).
10.8 Lease Agreement dated November 27, 2001 between Overstock.com and Holladay
Building East L.L.C. (incorporated by reference to Exhibit 10.9 to our Registration
Statement on Form S-1 (File No. 333-83728), which became effective on May 29, 2002).
10.9 First Lease Extension Agreement dated January 25, 2002 by and between
Overstock.com, Inc. and Holladay Building East L.L.C (incorporated by reference to
Exhibit 10.10 to our Registration Statement on Form S-1 (File No. 333-83728), which
became effective on May 29, 2002).
10.10 Lease Agreement by and between Overstock.com, Inc. and Marvin L. Oates Trust dated
March 15, 2000 (incorporated by reference to Exhibit 10.12 to our Registration
Statement on Form S-1 (File No. 333-83728), which became effective on May 29, 2002).
10.11 Severance Package Agreement with Douglas Greene dated June 17, 1999 (incorporated
by reference to Exhibit 10.13 to our Registration Statement on Form S-1 (File
No. 333-83728), which became effective on May 29, 2002).
10.12 Intellectual Property Assignment Agreement with Douglas Greene dated February 28,
2002 (incorporated by reference to Exhibit 10.14 to our Registration Statement on
Form S-1 (File No. 333-83728), which became effective on May 29, 2002).
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