0001193125-05-086694 Sample Contracts

JUNIOR SUBORDINATED INDENTURE between IMPAC MORTGAGE HOLDINGS, INC. and WILMINGTON TRUST COMPANY as Trustee
Junior Subordinated Indenture • April 27th, 2005 • Impac Mortgage Holdings Inc • Real estate investment trusts • New York

JUNIOR SUBORDINATED INDENTURE, dated as of April 22, 2005, between Impac Mortgage Holdings, Inc., a Maryland corporation (the “Company”), and Wilmington Trust Company, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).

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AMENDED AND RESTATED TRUST AGREEMENT among IMPAC MORTGAGE HOLDINGS, INC., as Depositor WILMINGTON TRUST COMPANY as Property Trustee WILMINGTON TRUST COMPANY as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees
Trust Agreement • April 27th, 2005 • Impac Mortgage Holdings Inc • Real estate investment trusts • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 22, 2005, among (i) Impac Mortgage Holdings, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) William S. Ashmore, an individual, Richard J. Johnson, an individual, and Ronald M. Morrison, an individual, each of whose address is c/o Impac Mortgage Holdings, Inc., 1401 Dove Street, Newport Beach, CA 92660, 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.

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