NEW YORK MORTGAGE TRUST, INC. $120,000,000 6.25% Senior Convertible Notes due 2022 UNDERWRITING AGREEMENTUnderwriting Agreement • January 23rd, 2017 • 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”) $120,000,000 aggregate principal amount of its 6.25% Senior Convertible Notes due 2022 (the “Firm Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representative as used herein shall mean you, as Underwriter, and the terms Representative and Underwriters shall mean either the singular or plural as the context requires. At the option of the Underwriters, the Company also proposes to issue and sell to the Underwriters up to an additional $18,000,000 aggregate principal amount of its 6.25% Senior Convertible Notes due 2022 (the “Optional Securities” and together with the Firm Securities, the “Securities”) to cover over-allotments, if any. The Securities will be convertible into shares of common stock o
New York Mortgage Trust, Inc. as the Issuer and as Trustee First Supplemental IndentureFirst Supplemental Indenture • January 23rd, 2017 • New York Mortgage Trust Inc • Real estate investment trusts • New York
FIRST SUPPLEMENTAL INDENTURE dated as of January 23, 2017 among New York Mortgage Trust, Inc., a Maryland corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”).
