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Table of Contents
PART IV
ITEM 15. EXHIBITS, FINANCIAL STATEMENT SCHEDULES
1. Financial Statements
INDEX TO CONSOLIDATED FINANCIAL STATEMENTS
Report of Independent Registered Public Accounting Firm F-1
Consolidated Balance Sheets F-2
Consolidated Statements of Operations F-3
Consolidated Statement of Stockholders' Equity (Deficit) and Comprehensive Income (Loss) F-4
Consolidated Statements of Cash Flows F-5
Notes to Consolidated Financial Statements F-6
Schedule II Valuation Qualifying Accounts F-44
2. Financial Statement Schedule
Schedule II Valuation and Qualifying Accounts listed in (1) above is included herein. Schedules other than those listed above have been omitted as they
are either not required, not applicable, or the information has otherwise been shown in the consolidated financial statements or notes thereto.
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 Amended and Restated Bylaws (incorporated by reference to Exhibit 3.1 to our Report on
Form 8-K (File No. 000-49799) filed on February 5, 2009).
4.1(b) Form of specimen common stock certificate.
10.1(b) Form of Indemnification Agreement between Overstock.com, Inc. and each of its directors and
officers.
10.3 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).
10.4 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).
10.5 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).
10.6 Amendment No. 1, dated April 29, 2002 to Intellectual Property Assignment Agreement dated
February 28, 2002 by and between Overstock.com, Inc. and Douglas Greene. (incorporated by
reference to Exhibit 10.18 to our Registration Statement on Form S-1 (File No. 333-83728),
which became effective on May 29, 2002).
10.7 Sublease Agreement by and between Overstock.com, Inc., Old Mill Technology Center, LLC,
and Old Mill Building LLC (incorporated by reference to Exhibit 99.1 to our Report on Form 8-
K/A (File No. 000-49799) filed on December 7, 2004).
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