SECOND FORBEARANCE AGREEMENTForbearance Agreement • April 28th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
THIS SECOND FORBEARANCE AGREEMENT, dated as of April 27, 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:
AMENDMENT NO. 1 TO SECURITY AGREEMENTSecurity Agreement • April 28th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts
This Amendment No. 1 to Security Agreement (this “Amendment”) is made as of April 27, 2020 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”). Capitalized terms used but not otherwise defined in this Amendment shall have the meaning set forth in that certain Security Agreement dated as of April 10, 2020 by and among the Debtors and the Secured Party (the “Security Agreement”).
AMENDMENT NO. 1 TO INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • April 28th, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts
This Amendment No. 1 to Intercreditor and Subordination Agreement (this “Amendment No. 1”) is made as of April 27, 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 (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”). Capitalized terms used but not otherwise defined in this Amendment No. 1 shall have the meanings set forth in that certain Intercreditor and Subordination Agreement (the “Intercreditor Agreement”), dated as of April 10, 2020 by and among AGMIT, the Senior Collateral Agent, and the Subordinated Lender.
