AMENDED AND RESTATED TRUST AGREEMENT among REDWOOD TRUST, INC., as Depositor THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, as Property Trustee THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • December 12th, 2006 • Redwood Trust Inc • Real estate investment trusts • Delaware
This Amended And Restated Trust Agreement, dated as of December 12, 2006, among (i) Redwood Trust, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Trust Company, National Association, a national banking association, as property trustee (in such capacity, the“Property Trustee”), (iii) The Bank of New York (Delaware), a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Martin S. Hughes, an individual, Harold F. Zagunis, an individual and Brett D. Nicholas, an individual, each of whose address is c/o Redwood Trust, Inc., One Belvedere Place, Suite 300, Mill Valley, California 94941, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
JUNIOR SUBORDINATED INDENTURE between REDWOOD TRUST, INC. and THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee Dated as of December 12, 2006Redwood Trust Inc • December 12th, 2006 • Real estate investment trusts • New York
Junior Subordinated Indenture, dated as of December 12, 2006, between Redwood Trust, Inc., a Maryland corporation (the “Company”), and The Bank of New York Trust Company, National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).
PURCHASE AGREEMENT among REDWOOD TRUST, INC. REDWOOD CAPITAL TRUST I and BEAR, STEARNS & CO. INC. Dated as of December 12, 2006Purchase Agreement • December 12th, 2006 • Redwood Trust Inc • Real estate investment trusts • New York
In rendering such opinions, such counsel may (A) state that its opinion is limited to the laws of the State of Delaware, (B) rely as to matters of fact, to the extent deemed proper, on certificates of responsible officers of the Company and public officials and (C) take customary assumptions and exceptions as to enforceability and other matters.
