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”).
AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENTLimited Liability Company Operating Agreement • July 15th, 2016 • Arbor Realty Trust Inc • Real estate investment trusts • New York
THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (the "Agreement") of ARSR PE, LLC (the "Company") shall be effective as of 12:01 a.m. of this 14th day of July, 2016, and is entered into by Arbor Multifamily Lending, LLC (formerly known as ARSR Acquisition Company, LLC), a Delaware limited liability company ("AML" or the "Common Member") and Arbor Commercial Mortgage, LLC, a New York limited liability company ("ACM" or the "Preferred Member," and together with AML, the "Members"). This Agreement amends and restates, in its entirety, that certain Limited Liability Company Agreement of the Company, dated as of April 29, 2016 (the "Original Agreement").
Option AgreementOption Agreement • July 15th, 2016 • Arbor Realty Trust Inc • Real estate investment trusts • New York
This Option Agreement (this “Agreement”) is made and entered into as of the 14th day of July, 2016, by and among Arbor Realty Trust, Inc., a Maryland limited liability company (the “Parent REIT”), Arbor Realty Limited Partnership, a Delaware limited partnership (the “Operating Partnership”), Arbor Realty SR, Inc., a Maryland corporation (the “Sub-REIT” and together with Parent REIT and the Operating Partnership, the “Company”), and Arbor Commercial Mortgage, LLC, a New York limited liability company (the “Manager”). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to such terms in the Asset Purchase Agreement (as defined below).
Execution Version NON-COMPETITION AGREEMENTNon-Competition Agreement • July 15th, 2016 • Arbor Realty Trust Inc • Real estate investment trusts • New York
This NON-COMPETITION AGREEMENT (this “Agreement”) is made and entered into as of July 14, 2016, by and among Arbor Realty Trust, Inc., a Maryland corporation (the “REIT”), Arbor Realty Limited Partnership, a Delaware limited partnership (the “Operating Partnership”), Arbor Commercial Mortgage, LLC, a New York limited liability company (“ACM” and together with Arbor Commercial Funding, LLC, the “Seller”) and Ivan Kaufman (“Kaufman”). Capitalized terms not defined herein shall have the meanings ascribed to them in that certain Asset Purchase Agreement, dated as of February 25, 2016, by and between Seller, the Operating Partnership, Arbor Multifamily Lending, LLC (f/k/a ARSR Acquisition Company, LLC) (“AML” and, together with the Operating Partnership, the “Purchaser”) and the REIT (as amended, the “APA”).
PAIRING AGREEMENTPairing Agreement • July 15th, 2016 • Arbor Realty Trust Inc • Real estate investment trusts • Maryland
THIS PAIRING AGREEMENT (this “Agreement”) is made and entered into as of July 14, 2016, by and among Arbor Realty Trust, Inc., a Maryland corporation (the “REIT”), Arbor Commercial Mortgage, LLC, a New York limited liability company (“ACM”) and Arbor Realty Limited Partnership, a Delaware limited partnership (the “OP”).
THIRD AMENDED AND RESTATED MANAGEMENT AND ADVISORY AGREEMENTManagement and Advisory Agreement • July 15th, 2016 • Arbor Realty Trust Inc • Real estate investment trusts • New York
THIS THIRD AMENDED AND RESTATED MANAGEMENT AND ADVISORY AGREEMENT is made as of July 14, 2016 (the “Agreement”) by and among ARBOR REALTY TRUST, INC., a Maryland corporation (“Parent REIT”), ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (“Operating Partnership”), ARBOR REALTY SR, INC., a Maryland corporation (“Sub-REIT” and together with the Parent REIT and the Operating Partnership, the “Company”), and ARBOR COMMERCIAL MORTGAGE, LLC, a New York limited liability company (together with its permitted assigns, “Manager”).
