New York Mortgage Trust Inc Sample Contracts

among THE NEW YORK MORTGAGE COMPANY, LLC, as Depositor
Trust Agreement • September 6th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • Delaware
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Exhibit 1.1 NEW YORK MORTGAGE TRUST, INC. SHARES OF COMMON STOCK UNDERWRITING AGREEMENT
Underwriting Agreement • June 25th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
AGREEMENT BY AND AMONG
Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
GUARANTY
Guaranty • March 26th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
BY AND AMONG
Contribution Agreement • May 4th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 23rd, 2020 • New York Mortgage Trust Inc • Real estate investment trusts • Maryland

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _________, 20__, by and between New York Mortgage Trust, Inc., a Maryland corporation (the “Company”), and ________________________ (“Indemnitee”).

AND
Credit and Security Agreement • March 31st, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
Exhibit 4.1 JUNIOR SUBORDINATED INDENTURE
Junior Subordinated Indenture • September 6th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
JUNIOR SUBORDINATED INDENTURE between The New York Mortgage Company, LLC and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee Dated as of March 15, 2005
Junior Subordinated Indenture • August 9th, 2012 • New York Mortgage Trust Inc • Real estate investment trusts • New York

Junior Subordinated Indenture, dated as of March 15,2005, between The New York Mortgage Company, LLC a Limited Liability Company corporation (the “Company”), and JPMorgan Chase Bank, National Association, a New York banking corporation, as Trustee (in such capacity, the “Trustee”).

and
Custodial Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
AS BORROWER
Master Loan and Security Agreement • March 31st, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
THE NEW YORK MORTGAGE COMPANY, LLC NEW YORK MORTGAGE TRUST, INC. NYM PREFERRED TRUST II
Purchase Agreement • September 6th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
DAVID A. AKRE
Employment Agreement • June 18th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
New York Mortgage Trust, Inc. Up to $100,000,000 Shares of Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: August 10, 2021
Equity Distribution Agreement • August 11th, 2021 • New York Mortgage Trust Inc • Real estate investment trusts • New York
NEW YORK MORTGAGE TRUST, INC. $60,000,000 9.125% Senior Notes due 2029 UNDERWRITING AGREEMENT
Underwriting Agreement • June 28th, 2024 • New York Mortgage Trust Inc • Real estate investment trusts • New York

New York Mortgage Trust, Inc., a Maryland corporation (the “Company”), proposes to issue and sell, subject to the conditions hereinafter stated, to the several Underwriters named in Schedule I attached hereto (the “Underwriters”) $60,000,000 aggregate principal amount of its 9.125% Senior Notes due 2029 (the “Firm Securities”). At the option of the Underwriters, the Company also proposes to issue and sell to the Underwriters up to an additional $9,000,000 aggregate principal amount of its 9.125% Senior Notes due 2029 (the “Optional Securities” and together with the Firm Securities, the “Securities”) to cover over-allotments, if any. The Securities will be issued pursuant to an Indenture, dated as of January 23, 2017 (the “Base Indenture”), between the Company and U.S. Bank National Association, as trustee (the “Trustee”), as supplemented by a second supplemental indenture (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”), to be dated as of June 28, 2

WITNESSETH:
Loan Amendment • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
BY AND AMONG
Amended and Restated Agreement • May 4th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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Exhibit 10.1 PARENT GUARANTEE AGREEMENT
Parent Guarantee Agreement • September 6th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
SUBORDINATION AND PLEDGE AGREEMENT ____________________________________________ ____________________________________
Subordination and Pledge Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
CREDIT NOTE
Credit Note • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 1301 Avenue of the Americas, 7th Floor, New York, New York 10019 (the "Company"), promises to pay to the order of HSBC BANK USA, a New York banking corporation, whose address is Mortgage Warehouse Lending Department, 27th Floor, One HSBC Center, Buffalo, New York 14203 ("HSBC") on or before June 30, 2004, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of TWENTY-FIVE MILLION DOLLARS ($25,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement among National City, National City Bank of Kentucky ("National City"), HSBC as Agent, National City as Documentation Agent, and the Company dated as of even date herewith (as su

PARENT GUARANTEE AGREEMENT between THE NEW YORK MORTGAGE TRUST, INC. as Parent Guarantor, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Guarantee Trustee Dated as of March 15, 2005 THE NEW YORK MORTGAGE COMPANY, LLC
Parent Guarantee Agreement • August 9th, 2012 • New York Mortgage Trust Inc • Real estate investment trusts • New York

This Parent Guarantee Agreement, dated as of March 15, 2005, executed and delivered by New York Mortgage Trust, Inc. (the “Parent Guarantor”) having its principal office at 1301 Avenue of the Americas New York, New York 10019, and JPMorgan Chase Bank, National Association, a national banking association, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Trust (as defined herein), the Holders (as defined herein) and the Note Holders (as defined herein) from time to time of the Notes (as defined herein) of The New York Mortgage Company, LLC, a New York limited liability company (the “Company”).

EMPLOYMENT AGREEMENT OF NICHOLAS MAH
Employment Agreement • December 14th, 2022 • New York Mortgage Trust Inc • Real estate investment trusts

This EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this 13th day of December, 2022 to be effective as of January 1, 2023 (the “Effective Date”), between New York Mortgage Trust, Inc., a Maryland corporation (the “Company”), and Nicholas Mah (the “Executive”). The Executive and the Company are each referred to herein as a “Party” and collectively as the “Parties.”

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • January 25th, 2008 • New York Mortgage Trust Inc • Real estate investment trusts • New York

REGISTRATION RIGHTS AGREEMENT, dated as of January 18, 2008 (this “Agreement”), between NEW YORK MORTGAGE TRUST, INC., a Maryland corporation (the “Company”), and each of JMP Group Inc., JMP Realty Trust, Inc., Harvest Opportunity Partners II, L.P., Harvest Opportunity Partners Offshore Fund, Ltd., Harvest Small Cap Partners, L.P. and Harvest Small Cap Offshore, Ltd. (collectively, the “Investors”).

AMENDED AND RESTATED UNCONDITIONAL AND CONTINUING GUARANTY OF PAYMENT (KENTUCKY)
Unconditional and Continuing Guaranty of Payment • December 31st, 2003 • New York Mortgage Trust Inc
STOCK PURCHASE AGREEMENT
Stock Purchase Agreement • January 25th, 2008 • New York Mortgage Trust Inc • Real estate investment trusts • New York

THIS STOCK PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of November 30, 2007 by and between NEW YORK MORTGAGE TRUST, INC., a Maryland corporation (the “Company”) and EACH OF THE INVESTORS LISTED ON SCHEDULE I HERETO (each an “Investor” and collectively, the “Investors”).

NEW YORK MORTGAGE TRUST, INC. Form of Stock Award Agreement
Stock Award Agreement • February 23rd, 2024 • New York Mortgage Trust Inc • Real estate investment trusts • Maryland

THIS AGREEMENT dated the ____ day of __________ , 2024 (the “Date of Grant”), between NEW YORK MORTGAGE TRUST, INC., a Maryland corporation (the “Company”), and ____________________ , (the “Participant”), is made pursuant and subject to the provisions of the New York Mortgage Trust, Inc. 2017 Equity Incentive Plan, as amended from time to time (the “Plan”), a copy of which has been made available to the Participant. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.

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