Common use of Revised Consideration Clause in Contracts

Revised Consideration. The Parties desire to revise the date the First Tranche of Stock Consideration is to be received by Seller, the form of consideration that Seller is to receive from Buyer on the Distribution Date and the amount of Stock Consideration to be received by Seller from Buyer by amending Sections 2.5(a)(ii), 2.5(a)(iii) and 2.5(b) of the Agreement. To effect the revisions, the Parties have agreed as follows: 2.1 Delete Section 2.5(a)(ii) in its entirety and replace with the following text: “(ii), subject to Section 2.5(b), 257,215 shares of InPhonic Common Stock having a value of Four Million One Hundred Thousand Dollars ($4,100,000.00) (“First Tranche of Stock Consideration”) (which number of shares was obtained by dividing (a) $4,100,000.00 by (b) $15.94;” 2.2 Delete Section 2.5(a)(iii) in its entirety and replace with the following text: