FALCON FINANCIAL INVESTMENT TRUST Common Shares of Beneficial Interest UNDERWRITING AGREEMENTUnderwriting Agreement • November 25th, 2003 • Falcon Financial Investment Trust • Personal credit institutions • New York
Falcon Financial Investment Trust, a Maryland real estate investment trust (the "Company"), confirms its agreement with each of the Underwriters listed on Schedule I hereto (collectively, the "Underwriters"), for whom Friedman, Billings, Ramsey & Co., Inc. ("FBR") is acting as representative (in such capacity, the "Representative"), with respect to (i) the sale by the Company of shares (the "Initial Shares") of beneficial interest, par value $ per share, of the Company ("Common Shares") and the purchase by the Underwriters, acting severally and not jointly, of the respective number of Common Shares set forth opposite the names of the Underwriters in Schedule I hereto, and (ii) the grant of the option described in Section 1(b) hereof to purchase all or any part of additional Common Shares to cover over-allotments (the "Option Shares"), if any, from the Company to the Underwriters, acting severally and not jointly, in the respective numbers of shares of Common Shares set forth opposite t
EMPLOYMENT AGREEMENTEmployment Agreement • November 25th, 2003 • Falcon Financial Investment Trust • Personal credit institutions • Connecticut
AGREEMENT made this 14th day of November, 2003, between Falcon Financial Investment Trust, a Maryland Real Estate Investment Trust (the "Trust"), and Joseph L. Kirk, Jr. (the "Executive"), to be effective immediately before the closing of the Trust's initial public offering.
FALCON FINANCIAL, LLC FIFTH AMENDMENT TO REVOLVING WAREHOUSE FINANCING AGREEMENTRevolving Warehouse Financing Agreement • November 25th, 2003 • Falcon Financial Investment Trust • Personal credit institutions • New York
This FIFTH AMENDMENT TO REVOLVING WAREHOUSE FINANCING AGREEMENT (this “Fifth Amendment”) is dated as of November 21, 2003 and entered into by and among Falcon Financial, LLC, SunAmerica Life Insurance Company, Bank of New York (as successor to LaSalle National Bank) and ABN AMRO Bank N.V., and is made with reference to the Revolving Warehouse Financing Agreement dated as of January 7, 1998 by and among the parties hereto (as amended, the “Warehouse Agreement”). Capitalized terms used herein without definition shall have the respective meanings set forth in the Warehouse Agreement.
