ASSET PURCHASE AGREEMENT DATED AS OF JUNE 12, 2023 BY AND AMONG BED BATH & BEYOND INC., OVERSTOCK.COM, INC. AND THE OTHER PARTIES SIGNATORY HERETOAsset Purchase Agreement • June 13th, 2023 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made as of June 12, 2023 (the “Effective Date”), by and among Overstock.com, Inc., a Delaware corporation (“Buyer”), and Bed Bath & Beyond Inc., a New York corporation (“BBBY”), and certain Subsidiaries of BBBY set forth on Annex A hereto (collectively and together with BBBY and each other Subsidiary of BBBY that has a right, title and interest in the Acquired Assets or Assumed Liabilities, “Sellers” and each individually a “Seller”). Capitalized terms used herein and not otherwise defined herein have the meaning set forth in Article I.
