among MORTGAGEIT, INC., as DepositorTrust Agreement • May 9th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • Delaware
GUARANTY AND COLLATERAL CONFIRMATION February 21, 2006 Technology Investment Capital Corp., as Collateral Agent 8 Sound Shore Drive, Suite 255 Greenwich, CT 06830 Ladies and Gentlemen: On the date hereof, Technology Investment Capital Corp., as...Note Purchase Agreement • February 27th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts
On the date hereof, Technology Investment Capital Corp., as Purchaser (together with its successors and assigns, the "Purchaser") and MortgageIT, Inc., a New York corporation (the "Company") are entering into that certain Second Amendment of even date herewith (the "Second Amendment") to the First Amended and Restated Note Purchase Agreement, dated as of August 23, 2005 (as amended by the First Amendment thereto dated as of October 14, 2005, the "Existing Note Purchase Agreement"), by and among the Company and each of those persons and entities, severally and not jointly, whose names are set forth on the Schedule of Purchasers attached as SCHEDULE I thereto. Capitalized terms not defined herein shall have the meanings assigned to such terms in the Existing Note Purchase Agreement as amended by the Second Amendment.
FORM OFUnderwriting Agreement • June 29th, 2005 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
MORTGAGEIT, INC., AS ISSUER MORTGAGEIT HOLDINGS, INC., AS GUARANTOR INDENTUREIndenture • March 28th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
EXHIBIT 4.3 REGISTRATION RIGHTS AGREEMENT DATED AS OF JUNE 7, 2001Registration Rights Agreement • June 6th, 2005 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
BY AND AMONG MORTGAGEIT, INC. ANDRegistration Rights Agreement • June 6th, 2005 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • May 17th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
betweenJunior Subordinated Indenture • May 9th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
RECITALSCustodial Agreement • June 1st, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
RECITALSNote Purchase Agreement • February 27th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
AMENDMENT NUMBER TWO to the Master Loan and Security Agreement Dated as of February 15, 2005 among MORTGAGEIT, INC. MORTGAGEIT HOLDINGS, INC. and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC.Master Loan and Security Agreement • August 8th, 2005 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
FIFTH AMENDMENT TO WAREHOUSING CREDIT AND SECURITY AGREEMENT ------------------ -------------------------------------------------------------- FIFTH AMENDMENT TO WAREHOUSING CREDIT AND SECURITY AGREEMENT (this "Amendment") dated as of December 15,...Warehousing Credit and Security Agreement • December 27th, 2004 • MortgageIT Holdings, Inc. • Real estate investment trusts • Minnesota
RECITALSNote Purchase Agreement • November 18th, 2004 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
MortgageIT Holdings, Inc. [ Shares] Common Stock ($0.01 Par Value) FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • May 26th, 2004 • Mortgageit Holdings Inc • Real estate investment trusts • New York
Simultaneously with, or prior to, the time of purchase (as herein defined), the Company will acquire MortgageIT, Inc., a New York corporation (“MIT”), through the merger of MIT Acquisition Corp., a New York corporation and wholly owned subsidiary of the Company, with and into MIT, pursuant to which MIT will become a wholly owned subsidiary of the Company. The merger will be effectuated pursuant to the terms and conditions set forth in that Agreement and Plan of Reorganization (the “Reorganization Agreement”) dated as of March 22, 2004 by and among the Company, MIT and MIT Acquisition Corp.
betweenParent Guarantee Agreement • May 9th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
JUNIOR SUBORDINATED INDENTUREJunior Subordinated Indenture • May 9th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
AMONGCustodial and Disbursement Agreement • July 19th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
EMPLOYMENT AGREEMENTEmployment Agreement • September 13th, 2004 • MortgageIT Holdings, Inc. • Real estate investment trusts • Maryland
EMPLOYMENT AGREEMENT (“Agreement”) dated this 31st day of March 2004, by and between John R. Cuti (the “Executive”), MortgageIT Holdings, Inc. (the “Company”) and MortgageIT, Inc. (“MortgageIT” and, together with the Company, the “Employers”).
FIRST AMENDMENT TO WAREHOUSING CREDIT AND SECURITY AGREEMENTWarehousing Credit and Security Agreement • September 15th, 2004 • MortgageIT Holdings, Inc. • Real estate investment trusts • Minnesota
FIRST AMENDMENT TO WAREHOUSING CREDIT AND SECURITY AGREEMENT (this “Amendment”) dated as of May 28, 2004, between MORTGAGEIT, INC., a New York corporation (“Borrower”) and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).
AMENDMENT NO. 12 TO SECOND MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • June 28th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
Amendment No. 12, dated as of June 19, 2006 (this ‘‘Amendment’’), among CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC (the ‘‘Buyer’’), MORTGAGEIT, INC. (‘‘MortgageIT’’), MHL Funding Corp. (‘‘MHL’’) and MORTGAGEIT HOLDINGS, INC. (‘‘Holdings,’’ and together with MortgageIT and MHL, the ‘‘Sellers’’).
AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT Between: Merrill Lynch Mortgage Capital Inc., as Buyer and MortgageIT, Inc., as Seller and MortgageIT Holdings, Inc. as Seller Dated as of August 4, 2004Master Repurchase Agreement • September 13th, 2004 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
This is an AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT, dated as of August 4, 2004 (this “Agreement”), among MORTGAGEIT, INC., a New York corporation (“MortgageIT” and a “Seller”), MORTGAGEIT HOLDINGS, INC., a Maryland corporation (“Holdings” and a “Seller”, and collectively with MortgageIT, the “Sellers”) and MERRILL LYNCH MORTGAGE CAPITAL INC., a New York corporation (“MLMCI” and the “Buyer”).
FIFTH AMENDMENT TO FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT FIFTH AMENDMENT TO FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT (this "Amendment") dated as of January 25, 2006, between MORTGAGEIT, INC.,...Warehousing Credit and Security Agreement • January 30th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • Minnesota
EXHIBIT 10.1 MASTER LOAN AND SECURITY AGREEMENT DATED AS OF FEBRUARY 15, 2005Master Loan and Security Agreement • March 25th, 2005 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
AMONG:Master Repurchase Agreement • June 1st, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
AGREEMENT AND PLAN OF REORGANIZATIONAgreement and Plan of Reorganization • April 30th, 2004 • Mortgageit Holdings Inc • Real estate investment trusts • New York
THIS AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”), dated as of March 22, 2004, by and between MortgageIT, Inc., a New York corporation (“MIT”) and MortgageIT Holdings, Inc., a Maryland corporation (“MIT Holdings”).
AMENDED AND RESTATED CUSTODIAL AGREEMENT Among MERRILL LYNCH MORTGAGE CAPITAL INC. as Buyer and MORTGAGEIT, INC., as Seller and MORTGAGEIT, HOLDINGS, INC., as Seller DEUTSCHE BANK NATIONAL TRUST COMPANY, as Custodian Dated as of August 4, 2004Custodial Agreement • September 13th, 2004 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
This AMENDED AND RESTATED CUSTODIAL AGREEMENT, dated as of August 4, 2004, among Merrill Lynch Mortgage Capital Inc. (“MLMCI” and the “Buyer”), MortgageIT, Inc., a New York corporation (“MortgageIT” and a “Seller”), MortgageIT Holdings, Inc., a Maryland corporation (“Holdings” and a “Seller”, and collectively with MortgageIT, the “Sellers”) and Deutsche Bank National Trust Company, as Custodian (the “Custodian”).
AMENDED AND RESTATED MORTGAGE LOAN CUSTODIAL AGREEMENTMortgage Loan Custodial Agreement • March 22nd, 2004 • Mortgageit Holdings Inc • New York
THIS AMENDED AND RESTATED MORTGAGE LOAN CUSTODIAL AGREEMENT (“Agreement”), dated as of the date set forth on the cover page hereof, among UBS WARBURG REAL ESTATE SECURITIES INC. (“Purchaser”), JPMORGAN CHASE BANK (“Custodian”) and the SELLER whose name is set forth on the cover page hereof (“Seller”).
AMONG:Master Repurchase Agreement • July 19th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
AMENDMENT NUMBER ONE to the MASTER REPURCHASE AGREEMENT dated as of July 12, 2006 by and among DEUTSCHE BANK AG, NEW YORK BRANCH, successor-in-interest to DB STRUCTURED PRODUCTS, INC., MORTGAGEIT HOLDINGS, INC. and MORTGAGEIT, INC.Master Repurchase Agreement • November 13th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
This AMENDMENT NUMBER ONE (this ‘‘Amendment Number One’’) is made this 13th day of November, 2006, by and among Deutsche Bank AG, New York Branch, having an address at 60 Wall Street, New York, NY 10005, East-Fleet Finance Limited, having an address at Whiteley Chambers, Don Street, St. Helier, Jersey JE4 9WG, Channel Islands (each, individually, a ‘‘Buyer’’ and collectively, ‘‘Buyers’’), MortgageIT Holdings, Inc. and MortgageIT, Inc., each having an address at 33 Maiden Lane, 6th Floor, New York, NY 10038 (each, individually, a ‘‘Seller’’ and collectively, the ‘‘Sellers’’) to the Master Repurchase Agreement, dated as of July 12, 2006, by and among DB Structured Products, Inc., predecessor in interest to the Buyers (the ‘‘Assignor’’), and the Sellers (the ‘‘Agreement’’).
MORTGAGE IT Owner and GMAC MORTGAGE CORPORATION ServicerLoan Servicing Agreement • April 30th, 2004 • Mortgageit Holdings Inc • Real estate investment trusts • Pennsylvania
THIS LOAN SERVICING AGREEMENT (“Agreement”) is entered into this 26th day of September, 2003 by and between GMAC MORTGAGE CORPORATION, a Pennsylvania corporation (“Servicer”), and MORTGAGE IT a New York corporation (“Owner”).
FIRST AMENDMENT TO LOAN SERVICING AGREEMENTLoan Servicing Agreement • April 30th, 2004 • Mortgageit Holdings Inc • Real estate investment trusts
This First Amendment (“First Amendment”), dated and effective as of the 14th day of April 2004, to the Loan Servicing Agreement dated as of September 26, 2003 (the “LSA”) by and between Mortgage IT (“Owner”), a New York corporation, and GMAC Mortgage Corporation (“Sevicer”), a Pennsylvania corporation.
AMENDMENT NO. 2 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • July 25th, 2005 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
AMENDMENT NO. 2 TO MASTER REPURCHASE AGREEMENT, dated as of July 20, 2005, (the Amendment") by and between Merrill Lynch Bank USA (the "Buyer"), MortgageIT, Inc. ("MIT" and a "Seller"), MortgageIT Holdings, Inc. ("Holdings" and a "Seller"), MHL Funding Corp. ("MHL" and a "Seller"), and Next At Bat Lending, Inc. ("NABL" and a "Seller", and collectively with MortgageIT, Holdings, and MHL the "Sellers"):
RECITALSNote Purchase Agreement • November 9th, 2005 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
AMENDMENT NUMBER ONE to MASTER REPURCHASE AGREEMENT, dated as of May 25, 2006 among BANK OF AMERICA, N.A. MORTGAGEIT HOLDINGS, INC. and MORTGAGEIT, INC.Master Repurchase Agreement • December 19th, 2006 • MortgageIT Holdings, Inc. • Real estate investment trusts • New York
This AMENDMENT NUMBER ONE to the Master Repurchase Agreement (‘‘Amendment Number One’’) is made and is effective as of this 15th day of December, 2006 (the ‘‘Effective Date’’), among MORTGAGEIT HOLDINGS, INC. and MORTGAGEIT, INC. (together the ‘‘Sellers’’ and individually a ‘‘Seller’’) and BANK OF AMERICA, N.A. (the ‘‘Buyer’’).
MORTGAGEIT, INC. NOTE PURCHASE AGREEMENTNote Purchase Agreement • April 30th, 2004 • Mortgageit Holdings Inc • Real estate investment trusts • New York
THIS NOTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of March 29, 2004, by and among MORTGAGEIT, INC., a New York corporation (the “Company”), and each of those persons and entities, severally and not jointly, whose names are set forth on the Schedule of Purchasers attached hereto as Schedule I (which entities and any successors thereto are hereinafter collectively referred to as the “Purchasers” and each individually as a “Purchaser”).
