0000950134-06-003678 Sample Contracts

AMENDMENT NO. 1 TO EARN OUT AGREEMENT
Earn Out Agreement • February 24th, 2006 • Ebay Inc • Services-business services, nec

THIS AMENDMENT NO. 1 TO EARN OUT AGREEMENT (the “Amendment”), dated as of December 29, 2005, amends that certain Earn Out Agreement (the “Agreement”), dated as of September 11, 2005, by and among eBay Inc., a Delaware corporation (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 “Sellers”). Capitalized terms used, but not otherwise defined, shall have the meanings ascribed to them in the Agreement.

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