ARBOR REALTY TRUST, INC. 1,400,000 Shares of 8.250% Series A Cumulative Redeemable Preferred Stock (Liquidation Preference $25.00 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • February 1st, 2013 • Arbor Realty Trust Inc • Real estate investment trusts • New York
Contract Type FiledFebruary 1st, 2013 Company Industry JurisdictionPursuant to Section 5(h) of the Underwriting Agreement, dated as of January 29, 2013 (the “Underwriting Agreement”), by and among Arbor Realty Trust, Inc., a Maryland corporation (the “Company”), Arbor Realty Limited Partnership, a Delaware limited partnership (the “Operating Partnership”), on the one hand, and Deutsche Bank Securities Inc., JMP Securities LLC, Ladenburg Thalmann & Co. Inc., and MLV & Co. LLC, as representatives of the several underwriters named on Schedule I thereto (the “Underwriters”), on the other hand, the undersigned, Paul Elenio, the Chief Financial Officer and Treasurer of the Company, hereby certifies that: