
| 1. |
Amendment to the Subscription Agreement. Pursuant to and in accordance with Section 6.10 of the Subscription Agreement, Section 4.1(a), Section 4.1(b) and Section 4.2 of the Subscription Agreement
are deleted in their entirety.
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| 2. |
Effect on the Subscription Agreement: This Letter Amendment constitutes an amendment to the Subscription Agreement, and the Parties hereby agree and acknowledge that this amendment is made in accordance with the requirements thereof.
Throughout the Subscription Agreement, references to “Agreement” or similar phrases shall be deemed to refer to the Subscription Agreement, as amended by this Letter Amendment. Except as set forth in this Letter Amendment, the Subscription
Agreement shall continue in full force and effect in accordance with its terms. If there is conflict between this Letter Amendment and the Subscription Agreement, the terms of this Letter Amendment will prevail.
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Very truly yours,
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BEYOND, INC.
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By:
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/s/ Marcus Lemonis
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Name:
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Marcus Lemonis
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Title:
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Executive Chairman
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KIRKLAND’S, INC.
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By:
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/s/ W. Michael Madden
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Name:
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W. Michael Madden
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Title:
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Executive Vice President and Chief Financial Officer
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