Utah Sample Contracts

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IWEB, Inc. – Securities Purchase Agreement (November 17th, 2017)

This Securities Purchase Agreement (this "Agreement") is dated as of November 16, 2017 (the "Effective Date") by and among IWeb Inc., a Nevada corporation (the "Company"), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a "Purchaser" and collectively the "Purchasers").

Dala Petroleum Corp. – Agreement and Plan of Merger (November 17th, 2017)

THIS AGREEMENT AND PLAN OF MERGER (the Agreement) is made as of November 15, 2017, by and among Dala Petroleum Corp., a Delaware corporation (Parent), Mark Savage, Parents President, a director and a beneficial shareholder (Mr. Savage), Matthew Atkinson, Parents Secretary and a beneficial shareholder (Mr. Atkinson), M2 Equity Partners LLC, a Minnesota limited liability company and principal shareholder of Parent (M2), and Dala Acquisition, Inc., a Nevada corporation and wholly-owned subsidiary of Parent (Merger Subsidiary); and KonaTel, Inc., a Nevada corporation (Company), and D. Sean McEwen, Companys Chairman and sole shareholder (Company Shareholder). The foregoing are sometimes singly referred to as a Party or collectively as the Parties, or respectively as the Parent Parties or the Company Parties.

Starbucks Corporation Global Key Employee Restricted Stock Unit Grant Agreement 2005 Long-Term Equity Incentive Plan (Performance-Based) (November 17th, 2017)

STARBUCKS CORPORATION (the "Company") does hereby grant to the individual named below (the "Participant") an award (the "Award") of performance restricted stock units (the "Performance RSUs") in a target amount as set forth below ("Target RSUs"), effective on the Date of Grant set forth below. The Performance RSUs granted under this Global Key Employee Restricted Stock Unit Grant Agreement, including any special terms and conditions applicable to the Participant's country contained in Appendix A attached hereto (together with the Global Key Employee Restricted Stock Unit Grant Agreement, this "Agreement") are intended to qualify as "performance-based compensation" as described in Section 162(m)(4)(C) of the Code. The Performance RSUs granted under this Agreement shall, subject to the attainment of certain performance goals set forth below (the "Performance Goals"), relating to the Performance Criteria specified in the 2005 Long-Term Equity Incentive Plan, vest and become payable in sha

Starbucks Corporation Global Key Employee Restricted Stock Unit Grant Agreement 2005 Long-Term Equity Incentive Plan (November 17th, 2017)

STARBUCKS CORPORATION (the "Company") does hereby grant to the individual named below (the "Participant") an award (the "Award") for the number of restricted stock units (the "Restricted Stock Units") set forth below, effective on the Date of Grant set forth below. The Restricted Stock Units shall vest and become payable in shares of Common Stock (the "Shares") according to the vesting schedule set forth below subject to earlier expiration or termination of the Restricted Stock Units as provided in this Global Key Employee Restricted Stock Unit Grant Agreement, including any special terms and conditions applicable to the Participant's country contained in the Appendix A attached hereto (together with the Global Key Employee Restricted Stock Unit Grant Agreement, this "Agreement"). This Agreement shall be subject to the terms and conditions of the 2005 Long-Term Equity Incentive Plan (the "Plan"). Capitalized terms not explicitly defined in this Agreement but defined in the Plan shall

Global Healthcare Reit, Inc. – Contract (November 17th, 2017)

THIS NOTE HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS.

Global Healthcare Reit, Inc. – Agreement by and Among Lenders (November 17th, 2017)

This Agreement is made and entered into as of the __ day of ___________, 2017, by and between Global Healthcare REIT, Inc., a Utah corporation and its wholly-owned subsidiary High Street Nursing, LLC, a Georgia limited liability company (collectively the "Company") and those parties who purchased and hold Series 2017 10% Subordinated Secured Promissory Notes (the "Notes") issued by the Company (collectively referred to herein as "Lenders").

UBS Commercial Mortgage Trust 2017-C5 – CO-LENDER AGREEMENT Dated as of November 15, 2017 by and Among GOLDMAN SACHS MORTGAGE COMPANY (Initial Note A-1 Holder) and WELLS FARGO BANK, NATIONAL ASSOCIATION (Initial Note A-2 Holder) and UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK (Initial Note A-3(A) Holder and Initial Note A-3(b) Holder) Cabela's Industrial Portfolio (November 16th, 2017)

THIS CO-LENDER AGREEMENT (this "Agreement"), dated as of November 15, 2017 by and among GOLDMAN SACHS MORTGAGE COMPANY ("GSMC" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-1, the "Initial Note A-1 Holder", and in its capacity as the initial agent, the "Initial Agent"), WELLS FARGO BANK, NATIONAL ASSOCIATION ("WFB" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-2, the "Initial Note A-2 Holder"), UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK ("UBS AG, New York Branch" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-3(A), the "Initial Note A-3(A) Holder") and UBS AG, New York Branch (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-3(B), the "Initial Note A-3(B) Holder" and, together with the Initial Note A-1 Holder, the

UBS Commercial Mortgage Trust 2017-C5 – CO-LENDER AGREEMENT Dated as of November 16, 2017 by and Among GOLDMAN SACHS MORTGAGE COMPANY (Initial Note A-1(A-Cp) Holder, Initial Note A-1(A-Ncp) Holder and Initial Note A-1(b-Cp) Holder) and WELLS FARGO BANK, NATIONAL ASSOCIATION (Initial Note A-2 Holder) and UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK (Initial Note A-3(A-Cp) Holder, Initial Note A-3(b-Cp) Holder, Initial Note A-3(c-Cp) Holder, Initial Note A-3(d-Ncp) Holder, Initial Note A-3(e-Ncp) Holder and Initial Note A-3(f-Ncp) Holder) Bass Pro & Cabela's Portfolio (November 16th, 2017)

THIS CO-LENDER AGREEMENT (this "Agreement"), dated as of November 16, 2017 by and among GOLDMAN SACHS MORTGAGE COMPANY ("GSMC" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-1(A-CP), the "Initial Note A-1(A-CP) Holder", and in its capacity as the initial agent, the "Initial Agent"), GSMC (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-1(A-NCP), the "Initial Note A-1(A-NCP) Holder"), GSMC (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-1(B-CP), the "Initial Note A-1(B-CP) Holder"), WELLS FARGO BANK, NATIONAL ASSOCIATION ("WFB" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-2, the "Initial Note A-2 Holder"), UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK ("UBS AG, New York Branch" and together with its successors and assign

Steel Partners Holdings L.P. – $600,000,000 REVOLVING CREDIT FACILITY CREDIT AGREEMENT by and Among SPH GROUP HOLDINGS LLC STEEL EXCEL INC. API AMERICAS INC. HANDY & HARMAN GROUP LTD. As US Borrowers, Cedar 2015 LIMItEd as UK Borrower, THE GUARANTORS PARTY HERETO FROM TIME TO TIME, THE LENDERS PARTY HERETO and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, PNC CAPITAL MARKETS LLC CITIZENS BANK, N.A. SunTrust Robinson Humphrey, Inc. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Joint Lead Arrangers, PNC CAPITAL MARKETS LLC CITIZENS BANK, N.A. SUNTRUST BANK WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agents (November 16th, 2017)

THIS CREDIT AGREEMENT (as hereafter amended, amended and restated, supplemented or otherwise modified from time to time, the "Agreement") is dated as of November 14, 2017 and is made by and among HANDY & HARMAN GROUP LTD., a Delaware corporation, SPH GROUP HOLDINGS LLC, a Delaware limited liability company, STEEL EXCEL INC., a Delaware corporation, and API AMERICAS INC., a Delaware corporation (collectively, the "US Borrowers" and each individually, a "US Borrower"), Cedar 2015 LIMITED, a private limited company incorporated in England and Wales ("UK Borrower" and together with US Borrowers, the "Borrowers" and each individually, a "Borrower"), each of the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (as hereinafter defined).

UBS Commercial Mortgage Trust 2017-C5 – AGREEMENT BETWEEN NOTE HOLDERS Dated as of August 31, 2017 by and Between UBS AG, by and Through Its Branch Office at 1285 Avenue of the Americas, New York, New York, (Initial Note A-1 Holder), UBS AG, by and Through Its Branch Office at 1285 Avenue of the Americas, New York, New York, (Initial Note A-2 Holder), UBS AG, by and Through Its Branch Office at 1285 Avenue of the Americas, New York, New York, (Initial Note A-3 Holder), UBS AG, by and Through Its Branch Office at 1285 Avenue of the Americas, New York, New York (Initial Note A-4 Holder) and UBS AG, by and Through Its Branch Office at (November 16th, 2017)

This AGREEMENT BETWEEN NOTE HOLDERS (this "Agreement"), dated as of August 31, 2017 by and between UBS AG, by and through its branch office at 1285 Avenue of the Americas, New York, New York ("UBS AG, New York Branch" (together with its successors and assigns in interest, as initial owner of Note A-1 described below, in its capacity as the "Initial Note A-1 Holder" and, in its capacity as the initial agent, the "Initial Agent")), UBS AG, New York Branch (together with its successors and assigns in interest, as initial owner of Note A-2 described below, in its capacity as the "Initial Note A-2 Holder"), UBS AG, New York Branch (together with its successors and assigns in interest, as initial owner of Note A-3 described below, in its capacity as the "Initial Note A-3 Holder"), UBS AG, New York Branch (together with its successors and assigns in interest, as initial owner of Note A-4 described below, in its capacity as the "Initial Note A-4 Holder") and UBS AG, New York Branch ((together

Sunoco Logistics Partners Lp – Representing Limited Partner Interests UNDERWRITING AGREEMENT (November 16th, 2017)
PayPal Holdings, Inc. – PURCHASE AND SALE AGREEMENT BY AND BETWEEN SYNCHRONY BANK, AND PAYPAL (EUROPE) S.A R.L. Et CIE, S.C.A DATED AS OF NOVEMBER 10, 2017 (November 16th, 2017)

PURCHASE AND SALE AGREEMENT, dated as of November 10, 2017 (this Agreement), by and between Synchrony Bank, a federal savings association (Purchaser) and PayPal (Europe) S.A R.L. et CIE, S.C.A., a Luxembourg registered credit institution registered with the Luxembourg trade and companies register under number R.C.S. Luxembourg B118 349 (LuxCo or Seller).

PayPal Holdings, Inc. – Purchase and Sale Agreement by and Between Synchrony Bank, and Bill Me Later, Inc. Dated as of November 10, 2017 (November 16th, 2017)

PURCHASE AND SALE AGREEMENT, dated as of November 10, 2017 (this Agreement), by and between Synchrony Bank, a federal savings association (Purchaser) and Bill Me Later, Inc., a Delaware corporation (BMLI or Seller).

Ally Auto Receivables Trust 2017-5 – Custodian Agreement Between Ally Bank, Custodian and Ally Auto Assets Llc, Depositor Dated as of November 22, 2017 (November 16th, 2017)

This CUSTODIAN AGREEMENT, dated as of November 22, 2017, is made between ALLY BANK, a Utah chartered bank, as custodian (Ally Bank or the Custodian), and ALLY AUTO ASSETS LLC, a Delaware limited liability company, as depositor (the Depositor).

Ally Auto Receivables Trust 2017-5 – Servicing Agreement Among Ally Bank Ally Auto Assets Llc and Ally Auto Receivables Trust 2017-5 Dated as of November 22, 2017 (November 16th, 2017)

THIS SERVICING AGREEMENT, dated as of November 22, 2017, is among ALLY BANK, a Utah chartered bank (Ally Bank which, in its capacity as servicer under this Agreement, is referred to as the Servicer), ALLY AUTO ASSETS LLC, a Delaware limited liability company (the Depositor), and ALLY AUTO RECEIVABLES TRUST 2017-5, a Delaware statutory trust (the Issuing Entity).

Ally Auto Receivables Trust 2017-5 – Pooling Agreement Between Ally Auto Assets Llc and Ally Bank Dated as of November 22, 2017 (November 16th, 2017)

THIS POOLING AGREEMENT, dated as of November 22, 2017, is between ALLY AUTO ASSETS LLC, a Delaware limited liability company (Ally Auto), and ALLY BANK, a Utah chartered bank (the Seller).

Ally Auto Receivables Trust 2017-5 – Administration Agreement Among Ally Auto Receivables Trust 2017-5, Issuing Entity, Ally Bank, Administrator and Deutsche Bank Trust Company Americas, Indenture Trustee Dated as of November 22, 2017 (November 16th, 2017)

ADMINISTRATION AGREEMENT, dated as of November 22, 2017, is among ALLY AUTO RECEIVABLES TRUST 2017-5, a Delaware statutory trust, as issuer (the Issuing Entity), ALLY BANK, a Utah chartered bank, as administrator (Ally Bank or the Administrator), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, not in its individual capacity but solely as indenture trustee (the Indenture Trustee).

UBS Commercial Mortgage Trust 2017-C5 – Mortgage Loan Purchase Agreement (November 16th, 2017)

This Mortgage Loan Purchase Agreement (this "Agreement"), is dated and effective as of November 1, 2017, between UBS AG, by and through its New York branch office at 1285 Avenue of the Americas, New York, New York, as seller (in such capacity, together with its successors and permitted assigns hereunder, the "Mortgage Loan Seller" or "Seller"), and UBS Commercial Mortgage Securitization Corp., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the "Purchaser").

Investview Inc – Product Contribution Agreement (November 15th, 2017)

This PRODUCT CONTRIBUTION AGREEMENT ("Agreement") is made effective as of October 31st, 2017 (the "Effective Date"), and is entered into by and between WestMyn Technology Services, Inc., a Delaware corporation ("WESTMYN") and Investview, Inc., a Nevada corporation (the "Company"). WESTMYN and the Company may individually be referred to as a "Party" or collectively as the "Parties."

Investview Inc – Exclusive License Agreement (November 15th, 2017)

This EXCLUSIVE LICENSE AGREEMENT ("Agreement") is made effective as of the date this Agreement is signed by Provider (the "Effective Date") and is made by and between:

Investview Inc – Product Contribution Agreement (November 15th, 2017)

This PRODUCT CONTRIBUTION AGREEMENT ("Agreement") is made effective as of October 31st, 2017 (the "Effective Date"), and is entered into by and between Priam Technologies, Inc., a Seychelles International Business Company ("Priam") and Investview, Inc., a Nevada corporation (the "Company"). PRIAM and the Company may individually be referred to as a "Party" or collectively as the "Parties."

Bank 2017-Bnk8 – CO-LENDER AGREEMENT Dated as of November 15, 2017 by and Among GOLDMAN SACHS MORTGAGE COMPANY (Initial Note A-1 Holder) and WELLS FARGO BANK, NATIONAL ASSOCIATION (Initial Note A-2 Holder) and UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK (Initial Note A-3(A) Holder and Initial Note A-3(b) Holder) Cabela's Industrial Portfolio (November 15th, 2017)

THIS CO-LENDER AGREEMENT (this "Agreement"), dated as of November 15, 2017 by and among GOLDMAN SACHS MORTGAGE COMPANY ("GSMC" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-1, the "Initial Note A-1 Holder", and in its capacity as the initial agent, the "Initial Agent"), WELLS FARGO BANK, NATIONAL ASSOCIATION ("WFB" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-2, the "Initial Note A-2 Holder"), UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK ("UBS AG, New York Branch" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-3(A), the "Initial Note A-3(A) Holder") and UBS AG, New York Branch (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-3(B), the "Initial Note A-3(B) Holder" and, together with the Initial Note A-1 Holder, the

Contract (November 15th, 2017)

Intracoronary ALLogeneic Heart STem Cells to Achieve Myocardial Regeneration (ALLSTAR): A Randomized, placebo - controlled, double - blind trial Timothy D. Henry, Dean J. Kereiakes, Glenn Kowalchuk, Frank Aguirre, Konstantinos Malliaris, Anthony DeMaria, Gary Francis, Thomas J. Povsic, Richard Schatz, Jay H. Traverse, Tarun Chakravarty, Janice Pogoda, Paula Williams, Jeff Rudy, Rachel D. Smith, Linda Marban , Deborah D. Ascheim, Eduardo Marban , Raj R. Makkar

Arc Wireless Solutions, Inc. – Fourth Amendment to Credit Agreement (November 14th, 2017)

This FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), is entered into as of September 22, 2017, by and among ARC Group Worldwide, Inc., a Utah corporation (the "Parent"), the other Loan Parties party hereto, the Lenders (as defined below) party hereto, and the Administrative Agent (as defined below).

Summit Midstream Partners, LP 300,000 9.50% Series a Fixed-To-Floating Rate Cumulative Redeemable Perpetual Preferred Units Representing Limited Partner Interests UNDERWRITING AGREEMENT (November 14th, 2017)

Summit Midstream Partners, LP, a Delaware limited partnership (the Partnership), proposes to sell an aggregate of 300,000 9.50% Series A Fixed-to-Floating Rate Cumulative Redeemable Perpetual Preferred Units (the Units) representing limited partner interests in the Partnership (the Series A Preferred Units) to the underwriters (the Underwriters) named in Schedule I attached to this agreement (this Agreement), for whom Merrill Lynch, Pierce, Fenner & Smith Incorporated is acting as representative (in such capacity, the Representative). This Agreement is to confirm the agreement concerning the purchase of the Units from the Partnership by the Underwriters.

Mountain High Acquisitions Corp. – Contract (November 14th, 2017)

THIS WARRANT AND THE COMMON STOCK ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON STOCK ISSUABLE HEREUNDER MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT OR ANY SHARES ISSUABLE HEREUNDER UNDER SUCH ACT AND ANY APPLICABLE STATE SECURITIES LAW OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO MOUNTAIN HIGH ACQUISITIONS CORP. OR ITS TRANSFER AGENT THAT SUCH REGISTRATION IS NOT REQUIRED.

Mountain High Acquisitions Corp. – Secured Convertible Promissory Note (November 14th, 2017)

This Note carries an OID of $31,000.00. In addition, Borrower agrees to pay $5,000.00 to Lender to cover Lender's legal fees, accounting costs, due diligence, monitoring and other transaction costs incurred in connection with the purchase and sale of this Note (the "Transaction Expense Amount"), all of which amount is included in the initial principal balance of this Note. The purchase price for this Note and the Warrant (as defined in the Purchase Agreement) shall be $310,000.00 (the "Purchase Price"), computed as follows: $346,000.00 original principal balance, less the OID, less the Transaction Expense Amount. The Purchase Price shall be payable by delivery to Borrower at Closing of the Investor Notes (as defined in the Purchase Agreement) and a wire transfer of immediately available funds in the amount of the Initial Cash Purchase Price (as defined in the Purchase Agreement). This Note shall be comprised of three (3) tranches (each, a "Tranche"), consisting of (i) an initial Tranc

Mountain High Acquisitions Corp. – Forbearance Agreement (November 14th, 2017)

This Forbearance Agreement (this "Agreement") is entered into as of August 11, 2017 by and between St. George Investments LLC, a Utah limited liability company ("Investor"), Mountain High Acquisitions Corp., a Colorado corporation ("Company"). Capitalized terms used in this Agreement without definition shall have the meanings given to them in the Note (defined below).

Ninth Amendment to Credit Agreement (November 14th, 2017)

THIS CREDIT AGREEMENT dated as of September 18, 2015, is among: GRAN TIERRA ENERGY INTERNATIONAL HOLDINGS LTD., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the "Borrower"); GRAN TIERRA ENERGY INC., a corporation duly formed and existing under the laws of the State of Delaware (the "Parent"); each of the Lenders from time to time party hereto; THE BANK OF NOVA SCOTIA (in its individual capacity, "Scotiabank"), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the "Administrative Agent") and as global coordinator (in such capacity, together with its successors in such capacity, the "Global Coordinator"); and the other agents and lenders party hereto.

Arc Wireless Solutions, Inc. – THIRD AMENDMENT TO Second AMENDED AND RESTATED CREDIT AGREEMENT (November 14th, 2017)

This THIRD AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), is entered into as of September 21, 2017, by and among ARC GROUP WORLDWIDE, INC., a Utah corporation (the "Parent"), ADVANCED FORMING TECHNOLOGY, INC. a Colorado corporation ("AFT"), ARC WIRELESS, INC., a Delaware corporation ("Wireless"), FLOMET LLC, a Delaware limited liability company ("Flomet"), GENERAL FLANGE & FORGE LLC, a Delaware limited liability company ("General Flange"), 3D MATERIAL TECHNOLOGIES, LLC, a Delaware limited liability company ("3D Material"), QUADRANT METALS TECHNOLOGIES LLC, a Delaware limited liability company ("Quadrant"), ARC METAL STAMPING, LLC, a Delaware limited liability company ("Stamping"), ADVANCE TOOLING CONCEPTS, LLC, a Colorado limited liability company ("Tooling"), ARC WIRELESS, LLC, a Delaware limited liability company ("Wireless LLC"), and THIXOFORMING LLC, a Colorado limited liability company ("Thixoforming" and together with AFT, Wireless, Flomet, General

Passport Special Opportunities Master Fund, L.P. (November 13th, 2017)
Loan Agreement (Overstock Loan) (November 13th, 2017)

THIS LOAN AGREEMENT (the Agreement) is made between O.COM LAND, LLC, a Utah limited liability company (hereafter referred to as the Borrower and/or Grantor) of 799 West Coliseum Way, Midvale, Utah 84047; OVERSTOCK.COM, INC., a Delaware corporation (Guarantor) of 799 West Coliseum Way, Midvale, Utah 84047; and PCL L.L.C., a Utah limited liability company (Lender) of 10011 South Centennial Parkway, Suite 275, Sandy, City UT 84070, effective as of the 6 day of November, 2017 (the Effective Date), on the following terms and conditions:

Securities Purchase Agreement (November 13th, 2017)

This SECURITIES PURCHASE AGREEMENT (this Agreement), dated as of November 8, 2017, is by and among Overstock.com, Inc., a Delaware corporation (the Company), and Passport Special Opportunities Master Fund, L.P., a Delaware limited partnership (the Buyer).

Prosper Funding LLC – Contract (November 13th, 2017)
Recording Requested by And (November 13th, 2017)