Exhibit 99.4 AGREEMENT Agreement dated as of September 11, 1996 by and among HFS Incorporated, a Delaware corporation, Avis Acquisition Corp., a Delaware corporation and a wholly owned indirect subsidiary of Parent, U.S. Trust Company of California, N.A., solely in its capacity as trustee of, and on behalf of, the trust forming a part of the Avis, Inc. Employee Stock Ownership Plan, and Avis, Inc., a Delaware corporation. Capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in the Merger Agreement (as defined below). WHEREAS, the parties hereto have entered into an Agreement and Plan of Merger dated as of August 23, 1996 (the "Merger Agreement"); and WHEREAS, the parties hereto desire to amend the Merger Agreement; NOW, THEREFORE, the parties hereto agree as follows: Section 8.3(f) AND 8.4(c) of the Merger Agreement shall be amended by adding the words "(excluding any ESOP Shares allocated to the accounts of ESOP Participants after September 10, 1996)" after the words "the ESOP Shares". IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf by their respective officers hereunder duly authorized all as of the date first written above. HFS INCORPORATED By:/s/ James E. Buckman --------------------------- Name: James E. Buckman Title: Executive Vice President and General Counsel AVIS ACQUISITION CORP. By:/s/ James E. Buckman ---------------------------- Name: James E. Buckman Title: Vice President AVIS, INC. By: /s/ Joseph V. Vittoria ---------------------------- Name: Joseph V. Vittoria Title: U.S. TRUST COMPANY OF CALIFORNIA, N.A., solely in its capacity as trustee of, and on behalf of, the trust forming a part of the Avis, Inc. Employee Stock Ownership Plan By:/s/ Norman P. Goldberg --------------------------- Name: Norman P. Goldberg Title: Managing Director