0000950123-07-008556 Sample Contracts

ARBOR REALTY TRUST, INC. 2,700,000 Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • June 12th, 2007 • Arbor Realty Trust Inc • Real estate investment trusts • New York

Arbor Realty Trust, Inc., a Maryland corporation (the “Company”), confirms its agreement with Wachovia Capital Markets, LLC (the “Underwriter”), with respect to a total of 2,700,000 shares (the “Initial Securities”) of the Company’s common stock, par value $.01 per share (the “Common Stock”), and the purchase by the Underwriter of the Initial Securities, and with respect to the grant by the Company to the Underwriter of the option described in Section 2(b) hereof to purchase all or any part of 405,000 additional shares of Common Stock to be issued and sold by the Company to the Underwriter to cover over-allotments, if any. The Initial Securities to be purchased by the Underwriter and all or any part of the 405,000 shares of Common Stock subject to the option described in Section 2(b) hereof (the “Option Securities”) are hereinafter called, collectively, the “Securities.”

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