0001179110-14-007103.txt : 20140424 0001179110-14-007103.hdr.sgml : 20140424 20140424191501 ACCESSION NUMBER: 0001179110-14-007103 CONFORMED SUBMISSION TYPE: 3/A PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20140414 FILED AS OF DATE: 20140424 DATE AS OF CHANGE: 20140424 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: OVERSTOCK.COM, INC CENTRAL INDEX KEY: 0001130713 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-CATALOG & MAIL-ORDER HOUSES [5961] IRS NUMBER: 870634302 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 6350 SOUTH 3000 EAST CITY: SALT LAKE CITY STATE: UT ZIP: 84121 BUSINESS PHONE: 8019473100 MAIL ADDRESS: STREET 1: 6350 SOUTH 3000 EAST CITY: SALT LAKE CITY STATE: UT ZIP: 84121 FORMER COMPANY: FORMER CONFORMED NAME: OVERSTOCK COM INC DATE OF NAME CHANGE: 20001227 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Marks Seth CENTRAL INDEX KEY: 0001552171 FILING VALUES: FORM TYPE: 3/A SEC ACT: 1934 Act SEC FILE NUMBER: 000-49799 FILM NUMBER: 14782765 MAIL ADDRESS: STREET 1: 6250 LBJ FREEWAY CITY: DALLAS STATE: TX ZIP: 75240 3/A 1 edgar.xml FORM 3/A - X0206 3/A 2014-04-14 2014-04-24 0 0001130713 OVERSTOCK.COM, INC OSTK 0001552171 Marks Seth 6350 SOUTH 3000 EAST SALT LAKE CITY UT 84121 0 1 0 0 SVP, Merchandising Restricted Stock Units 0.0001 2017-01-28 Common Stock 4200 D Restricted Stock Units 0.0001 2016-05-08 Common Stock 2500 D Each restricted stock unit represents a contingent right to receive one share of Overstock.com, Inc. common stock. The restricted stock units will vest in three equal installments at the close of business on each of January 28, 2015, January 28, 2016, and January 28, 2017. Vested shares will be delivered to the reporting person promptly after the restricted stock units vest. Each restricted stock unit represents a contingent right to receive one share of Overstock.com, Inc. common stock. The restricted stock units vest as of 40% at the close of business on May 8, 2014, an additional 30% at the close of business on May 8, 2015, and the remaining 30% at the close of business on May 8, 2016. Vested shares will be delivered to the reporting person promptly after the restricted stock units vest. This amendment to the Initial Statement of Beneficial Ownership of Securities on Form 3, filed with the Securities and Exchange Commission on April 24, 2014, is being filed solely for the purpose of filing a power of attorney with this Form 3 for the reporting person. /s/Mark Harden (attorney-in-fact) 2014-04-24 EX-24 2 ex24smarks.txt OVERSTOCK.COM, INC. LIMITED POWER OF ATTORNEY - SECURITIES LAW COMPLIANCE The undersigned, as an officer or director of Overstock.com, Inc. (the "Company"), hereby constitutes and appoints, Jonathan E. Johnson III, Chairman, Board of Directors; Robert Hughes, Senior Vice President, Finance & Risk Management; Mark Griffin, Senior Vice President, General Counsel and Corporate Secretary; and Mark Harden, Corporate Treasurer, and each of them, as the undersigned's true and lawful attorney-in-fact and agent to complete and execute such Forms 144, Forms 3, 4 and 5 and other forms as any such attorney-in-fact shall in his discretion determine to be required or advisable pursuant to Rule 144 promulgated under the Securities Act of 1933, as amended, Section 16 of the Securities Exchange Act of 1934, as amended, and the rules and regulations thereunder, or any successor laws and regulations, as a consequence of the undersigned's ownership, acquisition or disposition of securities of the Company, and to do all acts necessary in order to file such forms with the Securities and Exchange Commission, any securities exchange or national association, the Company and such other person or agency as any such attorney-in-fact shall deem appropriate. The undersigned hereby ratifies and confirms all that said attorneys-in-fact and agents shall do or cause to be done by virtue hereof. This Limited Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless replaced by a Limited Power of Attorney of more recent date, or earlier revoked by the undersigned in a writing delivered to the foregoing attorneys-in-fact. This Limited Power of Attorney is executed in Salt Lake City, Utah, as of the date set forth below. /s/ SETH L. Marks ------------------------------- Signature SETH L. MARKS ------------------------------- Type or Print Name Dated: 4/22/2014 WITNESS: /s/ KATEEL WHITEHEAD ------------------------------ Signature KATEEL WHITEHEAD ------------------------------- Type or Print Name Dated: 4/22/14