0001104659-17-061601 Sample Contracts

NEW YORK MORTGAGE TRUST, INC. 5,000,000 Shares of 8.00% Series D Fixed-to- Floating Rate Cumulative Redeemable Preferred Stock(1) UNDERWRITING AGREEMENT
Underwriting Agreement • October 10th, 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”) an aggregate of 5,000,000 shares (the “Firm Securities”) of its 8.00% Series D Fixed-to-Floating Rate Cumulative Redeemable Preferred Stock, liquidation preference $25.00 per share (the “Series D Stock”), a series of the Company’s preferred stock, $0.01 par value per share (“Preferred Stock”), pursuant to and in accordance with the terms and conditions of this underwriting agreement (this “Agreement”) in connection with the public offering (the “Offering”) and sale of such Firm Securities.

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