0001193125-09-170655 Sample Contracts

EBAY INC. AGREEMENT TO TERMS OF ELECTION
Agreement to Terms of Election • August 10th, 2009 • Ebay Inc • Services-business services, nec

If you would like to participate in this Offer, please indicate your election by checking the applicable boxes on the Offer Election Form and submitting it via eBay’s offer website by no later than 9:00 p.m. Pacific Daylight Time (“PDT”) on September 11, 2009, unless we extend the Offer. You may change or withdraw this election by submitting a new properly completed Election Form via the Stock Option Exchange Election site at http://www.eBayStockOptionExchange.com prior to 9:00 p.m. PDT on the completion date, which will be September 11, 2009, unless we extend the Offer.

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EMPLOYEE/EMPLOYER CONSENT AGREEMENT AS TO DUTCH TAX AND SOCIAL SECURITY CONTRIBUTIONS FOR ELIGIBLE EMPLOYEES ELECTING TO PARTICIPATE IN OFFER TO EXCHANGE
Employee/Employer Consent Agreement • August 10th, 2009 • Ebay Inc • Services-business services, nec

If you are Dutch Employee, as that term is defined below, and you wish to participate in the eBay Inc. Offer to Exchange Certain Outstanding Stock Options for Restricted Stock Units, Options and Cash Payments (hereinafter to be referred to as the “Offer to Exchange”) to exchange eligible options for new restricted stock units (“new RSUs”), you must:

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