Contract
Exhibit 10.4
(000) 000-0000
September 22, 2010
Franklin Credit Holding Corporation
Franklin Credit Management Corporation
000 Xxxxxx Xxxxxx, 00xx Xxxxx
Xxxxxx Xxxx, Xxx Xxxxxx 00000
Attention: Xxxxxx X. Xxxx, Chairman
Franklin Credit Management Corporation
000 Xxxxxx Xxxxxx, 00xx Xxxxx
Xxxxxx Xxxx, Xxx Xxxxxx 00000
Attention: Xxxxxx X. Xxxx, Chairman
Re: EBITDA Payment
Dear Xxx:
Reference is hereby made to a certain letter agreement dated July 16, 2010, (the “July Letter
Agreement”) between and among Franklin Credit Holding Corporation, Franklin Credit Management
Corporation, Xxxxxx X. Xxxx, The Huntington National Bank and Franklin Mortgage Asset Trust 2009-A.
Terms used in this letter agreement and not otherwise defined herein shall have the meanings
ascribed to such terms in the July Letter Agreement.
The Huntington National Bank hereby cancels and terminates the obligations to make any EBITDA
Payment as set forth in Paragraph No. 5 of Annex 1 to the July Letter Agreement.
This letter agreement will be governed by and construed in accordance with the laws of the
State of Ohio. This letter agreement may be executed in counterparts, each of which when so
executed and delivered shall be deemed an original, but all such counterparts together shall
constitute one and the same instrument.
| Very truly yours, THE HUNTINGTON NATIONAL BANK |
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| By: | /s/ Xxxxx X. Xxxxxxx | |||
| Xxxxx X. Xxxxxxx, Authorized Signer | ||||
