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EXHIBIT 10.4

CONFIRMATION

 

 

 

Date:

 

September 23, 2009

 

 

 

To:

 

PHH Corporation (“ Counterparty ”)

 

 

 

Facsimile:

 

(856) 917-4278

 

 

 

Attention:

 

Treasurer

 

 

 

From:

 

JPMorgan Chase Bank, National Association, London Branch (“ Dealer ”)

 

 

 

Facsimile:

 

(212) 622-8534

Transaction Reference Number:

          The purpose of this communication (this “ Confirmation ”) is to set forth the terms and conditions of the above-referenced Transaction entered into on the Trade Date specified below between you and us. This Confirmation supplements, forms a part of, and is subject to the Master Terms and Conditions for Convertible Bond Hedging Transactions between JPMorgan Chase Bank, National Association, London Branch and PHH Corporation dated as of September 23, 2009 (as amended from time to time, the “ Master Confirmation ”).

          1. The definitions and provisions contained in the Definitions (as such term is defined in the Master Confirmation) and in the Master Confirmation are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern.

          2. The particular Transaction to which this Confirmation relates is entered into as part of an i


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