New York Mortgage Trust Inc Sample Contracts

HSBC BANK USA AND
New York Mortgage Trust Inc • December 31st, 2003 • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before June 15, 2002, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of TWENTY-FIVE MILLION DOLLARS ($25,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Security Agreement dated as of May 24, 2001, and Seco

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among THE NEW YORK MORTGAGE COMPANY, LLC, as Depositor
Trust Agreement • September 6th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • Delaware
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Exhibit 1.1 NEW YORK MORTGAGE TRUST, INC. SHARES OF COMMON STOCK UNDERWRITING AGREEMENT
Underwriting Agreement • June 25th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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BY AND AMONG
Contribution Agreement • May 4th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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EXHIBIT 10.40 FIRST AMENDMENT TO LOAN DOCUMENTS THIS FIRST AMENDMENT TO LOAN DOCUMENTS (the "First Amendment") made and entered into the _________ day of April, 2002, by and between THE NEW YORK MORTGAGE COMPANY, LLC (hereinafter referred to as the...
New York Mortgage Trust Inc • December 31st, 2003 • Kentucky
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AND
Credit and Security Agreement • March 31st, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 23rd, 2020 • New York Mortgage Trust Inc • Real estate investment trusts • Maryland

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _________, 20__, by and between New York Mortgage Trust, Inc., a Maryland corporation (the “Company”), and ________________________ (“Indemnitee”).

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GUARANTY
Guaranty • March 26th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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CREDIT NOTE
New York Mortgage Trust Inc • December 31st, 2003 • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before 364 days from the date hereof, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of FIFTEEN MILLION DOLLARS ($15,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of even date herewith (the "Credit Agreement"), plus interest thereon from the date hereof, as foll

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AGREEMENT BY AND AMONG
Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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GUARANTY STEVEN SCHNALL
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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and
Custodial Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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EXHIBIT 10.1 ------------------------------------------------------------------ -------------- AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, as buyer ("Buyer", which term shall include any...
Master Repurchase Agreement • April 5th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, as buyer ("Buyer", which term shall include any "Principal" as defined and provided for in Annex I) or as agent pursuant hereto ("Agent"),
New York Mortgage Trust Inc • December 31st, 2003 • New York
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EXHIBIT 10.42 THIRD AMENDMENT TO LOAN DOCUMENTS THIS THIRD AMENDMENT TO LOAN DOCUMENTS (the "Third Amendment") made and entered into the __ day of November, 2002, by and among THE NEW YORK MORTGAGE COMPANY, LLC (hereinafter referred to as the...
New York Mortgage Trust Inc • December 31st, 2003 • Kentucky
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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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Exhibit 10.1 SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release ("Separation Agreement") is made by and between New York Mortgage Trust, Inc., a Maryland Corporation (the "Company") and Raymond A. Redlingshafer, Jr....
Separation Agreement and General Release • July 5th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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AS BORROWER
Master Loan and Security Agreement • March 31st, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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JUNIOR SUBORDINATED INDENTURE between The New York Mortgage Company, LLC and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee Dated as of March 15, 2005
New York Mortgage Trust Inc • August 9th, 2012 • Real estate investment trusts • New York

Junior Subordinated Indenture, dated as of March 15,2005, between The New York Mortgage Company, LLC a Limited Liability Company corporation (the “Company”), and JPMorgan Chase Bank, National Association, a New York banking corporation, as Trustee (in such capacity, the “Trustee”).

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FOURTH AMENDED GUARANTY JOSEPH V. FIERRO
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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WITNESSETH:
Loan Documents • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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New York Mortgage Trust, Inc. Up to $100,000,000 Shares of Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: August 10, 2021
Equity Distribution Agreement • August 11th, 2021 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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among THE NEW YORK MORTGAGE COMPANY, LLC as Borrower and STEVEN B. SCHNALL AND JOSEPH V. FIERRO as Guarantors and NATIONAL CITY BANK OF KENTUCKY As Bank
Warehousing Credit Agreement • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
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THE NEW YORK MORTGAGE COMPANY, LLC NEW YORK MORTGAGE TRUST, INC. NYM PREFERRED TRUST II
Purchase Agreement • September 6th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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BY AND AMONG
And Restated Agreement • May 4th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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EXHIBIT 10.77 MASTER MORTGAGE LOAN PURCHASE AND INTERIM SERVICING AGREEMENT
Interim Servicing Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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DAVID A. AKRE
Employment Agreement • June 18th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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NEW YORK MORTGAGE TRUST, INC. 3,000,000 Shares of 7.000% Series G Cumulative Redeemable Preferred Stock UNDERWRITING AGREEMENT
New York Mortgage Trust Inc • November 23rd, 2021 • 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 3,000,000 shares (the “Firm Securities”) of its 7.000% Series G Cumulative Redeemable Preferred Stock, liquidation preference $25.00 per share (the “Series G 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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AMENDMENT NUMBER ONE to the Master Mortgage Loan Purchase and Interim Servicing Agreement dated as of August 1, 2003 by and between THE NEW YORK MORTGAGE COMPANY L.L.C. and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC.
New York Mortgage Trust Inc • March 26th, 2004 • Real estate investment trusts • New York
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Exhibit 10.1 PARENT GUARANTEE AGREEMENT
New York Mortgage Trust Inc • September 6th, 2005 • Real estate investment trusts • New York
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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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NEW YORK MORTGAGE TRUST, INC. 2,750,000 Shares of Common Stock* UNDERWRITING AGREEMENT
Underwriting Agreement • May 31st, 2012 • 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 2,750,000 shares (the “Firm Securities”) of its common stock, $0.01 par value per share (“Common 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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EXHIBIT 10.52 INTER-CREDITOR AGREEMENT THIS INTER-CREDITOR AGREEMENT (the "Agreement") is made and entered into as of this 25th day of January, 2002, by and between (i) NATIONAL CITY BANK OF KENTUCKY, a national banking association with principal...
Inter-Creditor Agreement • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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