Exhibit 1.1 ARBOR REALTY TRUST, INC. __________ Shares of Common Stock UNDERWRITING AGREEMENT ___________, 2004 Wachovia Capital Markets, LLC UBS Securities LLC JMP Securities LLC c/o Wachovia Capital Markets, LLC 7 St. Paul Street Baltimore, Maryland...Underwriting Agreement • March 24th, 2004 • Arbor Realty Trust Inc • Real estate investment trusts • New York
ARBOR REALTY MORTGAGE SECURITIES SERIES 2004-1, LTD. Issuer, ARBOR REALTY MORTGAGE SECURITIES SERIES 2004-1 LLC Co-Issuer,Indenture • March 31st, 2005 • Arbor Realty Trust Inc • Real estate investment trusts • New York
EXHIBIT 10.2 SERVICES AGREEMENT THIS SERVICES AGREEMENT (this "Agreement"), dated as of July 1, 2003, is made by and among ARBOR REALTY TRUST, INC., a Maryland corporation ("Parent REIT"), ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited...Services Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
EXHIBIT 10.11 INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT is made and entered into this ____ day of _______, 2003 ("Agreement"), by and between Arbor Realty Trust, Inc., a Maryland corporation (the "Company"),...Indemnification Agreement • November 13th, 2003 • Arbor Realty Trust Inc • Maryland
AGREEMENTAssignment and Assumption Agreement • March 3rd, 2004 • Arbor Realty Trust Inc • Real estate investment trusts • New York
BY AND BETWEENSubscription Agreement • April 6th, 2004 • Arbor Realty Trust Inc • Real estate investment trusts • New York
WITNESSETH:Purchase Agreement • March 15th, 2006 • Arbor Realty Trust Inc • Real estate investment trusts • New York
CONTRIBUTION AGREEMENTContribution Agreement • February 5th, 2004 • Arbor Realty Trust Inc • Real estate investment trusts • New York
FORM OF RESTRICTED STOCK AGREEMENT PURSUANT TO THE ARBOR REALTY TRUST, INC. 2003 OMNIBUS STOCK INCENTIVE PLANRestricted Stock Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
TOIndenture • March 2nd, 2007 • Arbor Realty Trust Inc • Real estate investment trusts • New York
EXHIBIT 10.4 AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPAgreement of Limited Partnership • November 13th, 2003 • Arbor Realty Trust Inc • Delaware
EXHIBIT 10.3 NON-COMPETITION AGREEMENT This NON-COMPETITION AGREEMENT (this "Agreement") is made and entered into as of July 1, 2003, by and among Arbor Realty Trust, Inc., a Maryland corporation (the "REIT"), Arbor Realty Limited Partnership, a...Non-Competition Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
EXHIBIT 10.6 REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN ARBOR REALTY TRUST, INC.Registration Rights Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
EXHIBIT 10.14 MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • March 3rd, 2004 • Arbor Realty Trust Inc • Real estate investment trusts • New York
EXHIBIT 4.5Registration Rights Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
JUNIOR SUBORDINATED INDENTURE between ARBOR REALTY SR, INC. ARBOR REALTY TRUST, INC, as guarantor AND WILMINGTON TRUST COMPANY, as trustee Dated as of May 6, 2009Junior Subordinated Indenture • May 11th, 2009 • Arbor Realty Trust Inc • Real estate investment trusts • New York
This Junior Subordinated Indenture (the “Indenture"), dated as of May 6, 2009, between ARBOR REALTY SR, INC., a Maryland corporation (the “Company”), ARBOR REALTY TRUST, INC., a Maryland Corporation (the “Guarantor") and WILMINGTON TRUST COMPANY, a national banking association, as Trustee (in such capacity, the “Trustee”).
EXHIBIT 4.4 WARRANT AGREEMENT BY AND BETWEEN ARBOR REALTY TRUST, INC.Warrant Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
GUARANTYGuaranty • February 5th, 2004 • Arbor Realty Trust Inc • Real estate investment trusts • New York
EXHIBIT 10.17 REVOLVING CREDIT AGREEMENT dated as of December 7, 2004Revolving Credit Agreement • March 31st, 2005 • Arbor Realty Trust Inc • Real estate investment trusts • New York
ARBOR REALTY MORTGAGE SECURITIES SERIES 2005-1, LTD., as Issuer, ARBOR REALTY MORTGAGE SECURITIES SERIES 2005-1 LLC, as Co-Issuer,Indenture • March 15th, 2006 • Arbor Realty Trust Inc • Real estate investment trusts • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 4th, 2021 • Arbor Realty Trust Inc • Real estate investment trusts • New York
This REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is dated as of April 30, 2021 and is made by and among Arbor Realty Trust, Inc. a Maryland corporation (the “Company”), and the several purchasers of the Notes (as defined below) identified on the signature pages to the Purchase Agreement (as defined below) (collectively, the “Purchasers”).
BY AND AMONGWarrant Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
ARBOR REALTY TRUST, INC. 6,500,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 22nd, 2022 • Arbor Realty Trust Inc • Real estate investment trusts • New York
Arbor Realty Trust, Inc., a Maryland corporation (the “Company”), confirms its agreement with each of the Underwriters named in Schedule I hereto (collectively, the “Underwriters,” which term shall also include any underwriter hereinafter substituted as provided in Section 10 hereof), for whom J.P. Morgan Securities LLC and JMP Securities LLC are acting as Representatives (in such capacity, if and as applicable, the “Representatives”), with respect to a total of 6,500,000 shares (the “Initial Securities”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”), and the purchase by the Underwriters, acting severally and not jointly, of the Initial Securities, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of up to 975,000 additional shares of Common Stock to be issued and sold by the Company to the Underwriters (the “Option Securities”). T
ARBOR REALTY TRUST, INC. AND as Trustee INDENTURE Dated as of August 5, 2022Indenture • August 5th, 2022 • Arbor Realty Trust Inc • Real estate investment trusts • New York
THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ARBOR REALTY LIMITED PARTNERSHIP a Delaware limited partnershipAgreement of Limited Partnership • July 15th, 2016 • Arbor Realty Trust Inc • Real estate investment trusts • Delaware
THIS THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ARBOR REALTY LIMITED PARTNERSHIP (the “Partnership”), dated as of July 14, 2016, is entered into by and among ARBOR REALTY GPOP, INC., a Delaware corporation (the “General Partner”), ARBOR REALTY LPOP, INC., a Delaware corporation (the “Initial Limited Partner”), ARBOR COMMERCIAL MORTGAGE, LLC, a New York limited liability company (“ACM”), and ARBOR REALTY TRUST, INC., a Maryland corporation (the “Parent REIT”).
Dated as of May 15, 2018 REGISTRATION RIGHTS AGREEMENT by and among ARBOR REALTY TRUST, INC. and SANDLER O’NEILL & PARTNERS, L.P.Registration Rights Agreement • May 16th, 2018 • Arbor Realty Trust Inc • Real estate investment trusts • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 15, 2018, by and among Arbor Realty Trust, Inc., a Maryland corporation (the “Company”), and Sandler O’Neill & Partners, L.P., as initial purchaser to the Purchase Agreement (as defined below) dated May 10, 2018 (the “Initial Purchaser”), who has agreed to purchase the Company’s 5.625% Senior Notes due 2023 (the “Initial Notes”) pursuant to the Purchase Agreement.
ARBOR REALTY COMMERCIAL REAL ESTATE NOTES 2017-FL3, LTD., as Issuer, ARBOR REALTY COMMERCIAL REAL ESTATE NOTES 2017-FL3, LLC, as Co-Issuer, ARBOR REALTY SR, INC., as Advancing Agent, U.S. BANK NATIONAL ASSOCIATION, as Trustee, Paying Agent,...Indenture • February 23rd, 2018 • Arbor Realty Trust Inc • Real estate investment trusts • New York
INDENTURE, dated as of December 20, 2017, by and among ARBOR REALTY COMMERCIAL REAL ESTATE NOTES 2017-FL3, LTD., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the “Issuer”), ARBOR REALTY COMMERCIAL REAL ESTATE NOTES 2017-FL3, LLC, a limited liability company formed under the laws of Delaware (the “Co-Issuer”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (herein, together with its permitted successors and assigns in the trusts hereunder, the “Trustee”), paying agent, calculation agent, transfer agent, custodial securities intermediary, backup advancing agent and notes registrar, U.S. BANK NATIONAL ASSOCIATION, a national banking association, as custodian and ARBOR REALTY SR, INC. (including any successor by merger, the “Arbor Parent”), a Maryland corporation, as advancing agent (herein, together with its permitted successors and assigns in the trusts hereunder, the “Advancing Agent”).
ARBOR REALTY COMMERCIAL REAL ESTATE NOTES 2018-FL1, LTD. CLASS A NOTES, CLASS A-S NOTES, CLASS B NOTES, CLASS C NOTES AND CLASS D NOTESPlacement Agreement • August 3rd, 2018 • Arbor Realty Trust Inc • Real estate investment trusts • New York
The Notes shall be issued pursuant to an Indenture, to be dated as of June 14, 2018 (the “Indenture”), among the Co-Issuers, Arbor Realty SR, Inc. (including any successor by merger, the “Seller” or the “Arbor Parent”), as Advancing Agent, and U.S. Bank National Association, as Trustee (in such capacity, the “Trustee”), and the Preferred Shares shall be issued pursuant to the Governing Documents (as defined in the Indenture) of the Issuer, certain resolutions of the board of directors of the Issuer passed prior to the issuance of the Preferred Shares and the Preferred Share Paying Agency Agreement, to be dated as of June 14, 2018 (the “Preferred Share Paying Agency Agreement”), among the Issuer, U.S. Bank National Association, as preferred share paying agent (the “Preferred Share Paying Agent”), and MaplesFS Limited, as share registrar. Capitalized terms used but not defined herein shall have the meanings specified in the Offering Memorandum (as hereinafter defined) or, to the extent n
LOAN OBLIGATION PURCHASE AGREEMENTLoan Obligation Purchase Agreement • February 23rd, 2018 • Arbor Realty Trust Inc • Real estate investment trusts • New York
This LOAN OBLIGATION PURCHASE AGREEMENT (this “Agreement”) is made as of December 20, 2017 by and between Arbor Realty SR, Inc., a Maryland corporation (the “Seller”), and Arbor Realty Commercial Real Estate Notes 2017-FL3, Ltd., an exempted company incorporated in the Cayman Islands with limited liability (the “Issuer” and, in some instances, the “Purchaser”).
EXHIBIT 10.7 PAIRING AGREEMENT THIS PAIRING AGREEMENT (this "Agreement") is made and entered into as of July 1, 2003, by and among Arbor Realty Trust, Inc., a Maryland corporation (the "REIT"), Arbor Commercial Mortgage, LLC, a New York limited...Pairing Agreement • November 13th, 2003 • Arbor Realty Trust Inc • Maryland
FIRST AMENDED AND RESTATED CREDIT AGREEMENT among ARBOR REALTY FUNDING, LLC, ARSR TAHOE, LLC, ARBOR REALTY LIMITED PARTNERSHIP, ART 450 LLC, ARBOR REALTY SR, INC., and ARBOR ESH II LLC as Borrowers, ARBOR REALTY TRUST, INC. ARBOR REALTY LIMITED...Credit Agreement • August 7th, 2009 • Arbor Realty Trust Inc • Real estate investment trusts • New York
THIS FIRST AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 23, 2009, among ARBOR REALTY FUNDING, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Arbor Realty Funding”), as a Borrower, ARSR TAHOE, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ARSR Tahoe”), as a Borrower, ARBOR ESH II LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Arbor ESH”), as a Borrower, ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (together with its successors and permitted assigns, “Arbor Realty”), as a Borrower and a Guarantor, ART 450 LLC, a Delaware limited liability company (together with its successors and assigns, “ART 450”), as a Borrower, ARBOR REALTY TRUST, INC., a Maryland corporation (together with its successors and permitted assigns, “ART”), as a Guarantor, ARBOR REALTY SR, INC., a Maryland corporation (together with its successor
ARTICLE I INDEMNIFICATIONIndemnity Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
EXHIBIT 10.1 MANAGEMENT AND ADVISORY AGREEMENT THIS MANAGEMENT AND ADVISORY AGREEMENT is made as of July 1, 2003 (the "Agreement") by and among ARBOR REALTY TRUST, INC., a Maryland corporation ("Parent REIT"), ARBOR REALTY LIMITED PARTNERSHIP, a...Management and Advisory Agreement • November 13th, 2003 • Arbor Realty Trust Inc • New York
FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ARBOR REALTY LIMITED PARTNERSHIP a Delaware limited partnershipLimited Partnership Agreement • June 29th, 2021 • Arbor Realty Trust Inc • Real estate investment trusts • Delaware
THIS FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ARBOR REALTY LIMITED PARTNERSHIP (the "Partnership"), dated as of June 25, 2021, is entered into by and among ARBOR REALTY GPOP, INC., a Delaware corporation (the "General Partner"), ARBOR REALTY LPOP, INC., a Delaware corporation (the "Initial Limited Partner"), ARBOR COMMERCIAL MORTGAGE, LLC, a New York limited liability company ("ACM"), and ARBOR REALTY TRUST, INC., a Maryland corporation (the "Parent REIT").
UNDERWRITING AGREEMENTUnderwriting Agreement • February 3rd, 2022 • Arbor Realty Trust Inc • Real estate investment trusts • New York
Arbor Realty Trust, Inc., a Maryland corporation (the “Company”), confirms its agreement with each of the Underwriters named in Schedule I hereto (collectively, the “Underwriters,” which term shall also include any underwriter hereinafter substituted as provided in Section 10 hereof), for whom Raymond James & Associates, Inc. is acting as Representative (in such capacity, if and as applicable, the “Representative”), with respect to a total of 3,100,000 shares (the “Initial Securities”) of the Company’s 6.25% Series F Fixed-to-Floating Rate Cumulative Redeemable Preferred Stock, par value $0.01 per share, liquidation preference $25.00 per share (the “Series F Preferred Stock”), and the purchase by the Underwriters, acting severally and not jointly, of the Initial Securities, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of up to 465,000 additional shares of Se
