![]() 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"). ![]() 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").
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