FORM OF EARN OUT SETTLEMENT AGREEMENTOut Settlement Agreement • October 1st, 2007 • Ebay Inc • Services-business services, nec • England
THIS EARN OUT SETTLEMENT AGREEMENT (this “Agreement”) is made as of September , 2007, by and among Skype Luxembourg Holdings S.A.R.L., a limited company registered under the laws of the Grand Duchy of Luxembourg (the “Obligor”), eBay Inc., a Delaware corporation (the “Purchaser”), Herho Holding B.V., a company formed under the laws of the Netherlands, in its capacity as the Earn Out Representative (as defined in the Earn Out Agreement (as defined below)) (the “Earn Out Representative”), and [ ] (the “Earn Out Seller”). Capitalized terms not otherwise defined herein are used as defined in the Earn Out Agreement, dated as of September 11, 2005 (the “Earn Out Agreement”), by and among the Purchaser, Skype Technologies S.A., a limited company registered under the laws of the Grand Duchy of Luxembourg (the “Company”), and the parties identified on Schedule I thereto (the “Earn Out Sellers”). Each of the Obligor, the Purchaser, the Earn Out Representative and the Earn Out Seller is referred
