EX-10.2
from 8-K
5 pages
For Value Received, O.com Land, LLC, a Utah Limited Liability Company (“Borrower”), Promises to Pay to the Order of Compass Bank, an Alabama Banking Corporation (The “Bank”), on or Before the Real Estate Term Maturity Date, the Sum of Twenty-One Million Five Hundred Seven Thousand Two Hundred and No/100 Dollars ($21,507,200.00) or Such Lesser Sum as May Actually Be Owing Under the Real Estate Loan Made Pursuant to That Certain Loan Agreement Dated October 24, 2014 Among Borrower, Overstock.com, Inc., a Delaware Corporation, the Other Parties Thereto, Including the Bank, the Other Banks, the Lc Issuer and U.S. Bank National Association, as Arranger and Administrative Bank (The “Loan Agreement”), in Immediately Available Funds at the Applicable Office of U.S. Bank National Association, as Administrative Bank, Together With Interest on the Unpaid Principal Amount Hereof at the Rates and on the Dates Set Forth in the Loan Agreement. Capitalized Terms Herein Shall Have the Meaning Set Forth in the Loan Agreement
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EX-10.1
from 8-K
5 pages
For Value Received, O.com Land, LLC, a Utah Limited Liability Company (“Borrower”), Promises to Pay to the Order of U.S. Bank National Association (The “Bank”), on or Before the Real Estate Term Maturity Date, the Sum of Twenty-Four Million Two Hundred Fifty-Two Thousand Eight Hundred and No/100 Dollars ($24,252,800.00) or Such Lesser Sum as May Actually Be Owing Under the Real Estate Loan Made Pursuant to That Certain Loan Agreement Dated October 24, 2014 Among Borrower, Overstock.com, Inc., a Delaware Corporation, the Other Parties Thereto, Including the Bank, the Other Banks, the Lc Issuer and U.S. Bank National Association, as Arranger and Administrative Bank (The “Loan Agreement”), in Immediately Available Funds at the Applicable Office of U.S. Bank National Association, as Administrative Bank, Together With Interest on the Unpaid Principal Amount Hereof at the Rates and on the Dates Set Forth in the Loan Agreement. Capitalized Terms Herein Shall Have the Meaning Set Forth in the Loan Agreement
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EX-10.7
from 8-K
3 pages
For Value Received, O.com Land, LLC, a Utah Limited Liability Company (“Borrower”), Promises to Pay to the Order of (The “Bank”), on or Before the Real Estate Term Maturity Date, the Sum of Dollars ($ ) or Such Lesser Sum as May Actually Be Owing Under the Real Estate Loan Made Pursuant to That Certain Loan Agreement of Even Date Herewith Among Borrower, Overstock.com, Inc., a Delaware Corporation, the Other Parties Thereto, Including the Bank, the Other Banks, the Lc Issuer and U.S. Bank National Association, as Arranger and Administrative Bank (The “Loan Agreement”), in Immediately Available Funds at the Applicable Office of U.S. Bank National Association, as Administrative Bank, Together With Interest on the Unpaid Principal Amount Hereof at the Rates and on the Dates Set Forth in the Loan Agreement. Capitalized Terms Herein Shall Have the Meaning Set Forth in the Loan Agreement
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EX-10.1
from 8-K
164 pages
Loan Agreement by and Between O.com Land, LLC, a Utah Limited Liability Company and Overstock.com, Inc., a Delaware Corporation as Borrowers and U.S. Bank National Association, a National Banking Association as Administrative Bank and Lead Arranger and a Bank and the Other Banks From Time to Time Party Hereto Dated: October 24, 2014
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EX-10.1
from 8-K
4 pages
The Borrower Has Notified the Lender That It Intends to Repay All Outstanding Obligations Owing to the Lender Under the Loan Agreement And, Concurrently Therewith, Terminate the Loan Agreement, by No Later Than August 3, 2009. in Connection Therewith, the Borrower Has Requested That the Lender Agree to Waive the Applicable Prepayment Premium Which Would Become Payable Upon Termination of the Loan Agreement. the Lender Is Willing to Waive the Applicable Prepayment Premium, Subject to the Terms and Conditions Contained Herein. Accordingly, the Borrower and the Lender Hereby Agree as Follows: 1. as of August 3, 2009 (The “Payoff Date”), the Amount Required to Pay the Outstanding Obligations (Other Than the Applicable Prepayment Premium) Is $144,497.50 (The “Payout Amount”), Consisting Of: (A) $42,500 in Respect of the Unpaid Administration Fee (As Set Forth in the Fee Letter); (B) $99,800 in Respect of the Unpaid Annual Fee (As Set Forth in the Fee Letter); and (C) $2,197.50 in Respect of Outstanding Lender Expenses. 2. This Will Confirm That, Provided That the Conditions in Clause (A) and (B) Below (Collectively, the “Payout Conditions”) Have Been Satisfied by No Later Than 5:00 Pm Boston Time on the Payoff Date: (A) Receipt by the Lender of the Payout Amount in Accordance With Paragraph 4 Below; and (B) Receipt by the Lender of a Fully-Executed Counterpart of This Letter Agreement Signed by the Borrower;
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