FORBEARANCE AGREEMENTForbearance Agreement • April 13th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
THIS FORBEARANCE AGREEMENT, dated as of April 10, 2020 (this “Agreement”), by and among AG Mortgage Investment Trust, Inc. and its undersigned affiliates, jointly and severally (each, a “Seller Entity,” and collectively, the “Companies”), and the buyer parties listed on Schedule 1 hereto (collectively, the “Participating Counterparties”), recites and provides as follows:
SECURITY AGREEMENTSecurity Agreement • April 13th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
THIS SECURITY AGREEMENT (the “Agreement”) dated as of April 10, 2020, is entered into by and among AG Mortgage Investment Trust, Inc. and the parties set forth on Schedule 1 of this Agreement (each, a “Debtor”, and collectively, the “Debtors”) and AG REIT Management, LLC (the “Secured Party”).
INTERCREDITOR AND SUBORDINATION AGREEMENT Dated as of April 10, 2020 Among WILMINGTON TRUST, NATIONAL ASSOCIATION As the Senior Collateral Agent, AG REIT MANAGEMENT LLC As Subordinated Lender and AG Mortgage Investment Trust, Inc., on behalf of itself...Intercreditor and Subordination Agreement • April 13th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
This Intercreditor and Subordination Agreement is made as of April 10, 2020 by and among AG Mortgage Investment Trust, Inc., for itself and the Seller Entities (defined below) (“AGMIT”), Wilmington Trust, National Association, not in its individual capacity but solely in its capacity as collateral agent for the holders of the Senior Secured Debt Obligations (defined below) (in such capacity, together with its successors, assigns or replacements in such capacity, the “Senior Collateral Agent”) and AG REIT Management LLC, as the holder of the Subordinated Note hereinafter referred to (together with its successors and assigns, the “Subordinated Lender”)
ContractSubordination Note • April 13th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
THIS NOTE AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN SECTION 4 BELOW AND THAT CERTAIN INTERCREDITOR AND SUBORDINATION AGREEMENT (THE “INTERCREDITOR AGREEMENT”) DATED AS OF THE DATE HEREOF, AMONG THE NOTEHOLDER (AS DEFINED BELOW) WILMINGTON TRUST, NATIONAL ASSOCIATION AS AGENT FOR THE PARTICIPATING COUNTERPARTIES UNDER THE SECURITY AND COLLATERAL AGENCY AGREEMENT BY AND AMONG THE PARTICIPATING COUNTERPARTIES, THE BORROWER AND GUARANTORS (IN SUCH CAPACITY, THE “COLLATERAL AGENT”) TO THE OBLIGATIONS (INCLUDING INTEREST) OWED BY BORROWER AND THE GUARANTORS TO THE PARTICIPATING COUNTERPARTIES PURSUANT TO THE REPURCHASE AGREEMENTS (AS DEFINED BELOW); AND EACH HOLDER OF THIS NOTE, BY ITS ACCEPTANCE HEREOF, IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE INTERCREDITOR AGREEMENT.
SECURITY AND COLLATERAL AGENCY AGREEMENTSecurity and Collateral Agency Agreement • April 13th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
THIS SECURITY AND COLLATERAL AGENCY AGREEMENT (the “Agreement”) dated as of April 10, 2020, is entered into by and among AG Mortgage Investment Trust, Inc. and the parties set forth on Schedule 1 of this Agreement (each, a “Debtor”, and collectively, the “Debtors”), Wilmington Trust, National Association, as agent for the Participating Counterparties (as defined herein) (the “Collateral Agent”), and, solely as to Article 5 hereof, the Participating Counterparties, and acknowledged and consented to by the Participating Counterparties.
