Five Oaks Investment Corp a corporation organized under the laws of Maryland, with its principal place of business at 000 Xxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, XX 00000 (a “Client”);
Five Oaks Investment Corp a Maryland corporation (the “Company”), agrees with Ladenburg Txxxxxxx & Co. Inc. (the “Manager”), to issue and sell from time to time through the Manager, as sales agent and/or principal, shares of its common stock, par value $0.01 (the “Common Stock”), on the terms set forth in this agreement (this “Agreement”).
Five Oaks Investment Corp. December 23, 2014 The Company agrees that Credit Suisse has provided and may provide or otherwise assist other prospective purchasers in obtaining all or a portion of the financing with respect to a proposed transaction involving the Company or any of its affiliates. The Company further agrees that Credit Suisse may purchase assets of the Company or any of the Company’s affiliates. The Company waives, to the fullest extent permitted by law, any claims it may have based on any actual or potential conflicts of interest in connection with Credit Suisse purchasing or providing or otherwise assisting any such prospective purchasers with any such financing or purchase. The Company acknowledges and agrees that Credit Suisse is acting solely as Initial Purchaser with respect to the Transaction and that no fiduciary relationship between the Company and Credit Suisse has been created in respect of any transaction contemplated by the Transaction, regardless of whether Credit Suisse has advised or is advising the Company on other matters. The Company agrees that Credit Suisse and/or one of its affiliates may purchase a portion of the Securities on the same terms and conditions as the other investors participating in any private placement so long as such purchase is disclosed to the Company. The Company hereby agrees to waive all conflicts of interest, if any, that Credit Suisse or the Depositor may have in connection with Credit Suisse acting as an Initial Purchaser or the Depositor acting as depositor with respect to the Transaction. The Company understands that neither Credit Suisse nor the Depositor is undertaking to provide any legal, regulatory, accounting or tax advice in connection with the Transaction. Neither Credit Suisse nor the Depositor shall be responsible for the underlying business decision of the Company to effect the Transaction or for the advice or services provided by any of the Company’s other advisors or contractors. None of the Company, the Depositor or Credit Suisse shall, in any event, be responsible for any consequential or punitive damages. Five Oaks Investment Corp. December 23, 2014
Five Oaks Investment Corp as of: Covenant TNW (a) #VALUEl Actual Liquidity (b) #VALUEl Total Adjusted Assets (c) #VALUEl Leverage Adjusted Total Liabilities (d) #VALUEI Covenant TNW (e) #VALUEI Leverage Ratio (d/f) #VALUEl Minimum Ratio of Total Equity to Required Capital
