ARBOR REALTY TRUST, INC. COMMON STOCK PURCHASE WARRANTArbor Realty Trust Inc • March 9th, 2010 • Real estate investment trusts • New York
THIS IS TO CERTIFY that WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its transferees, successors and assigns, the “Holder”), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, is entitled to purchase from ARBOR REALTY TRUST, INC., a Maryland corporation (the “Company”), at the price of $3.50 per share (the “Exercise Price”), at any time after the date hereof (the “Commencement Date”) and expiring on July 23, 2015 (the “Expiration Date”), 500,000 shares of fully paid and nonassessable common stock, par value $0.01 per share (“Common Stock”) of the Company (as such number may be adjusted as provided herein). The 500,000 shares of Common Stock which may be purchased pursuant to this Warrant are referred to herein as the “Aggregate Number”. This common stock purchase warrant (this “Warrant”) is issued under and in connection with that certain First Amended and Restated Credit Agreement, dated as of July 2
Registration Rights Agreement By and Between Arbor Realty Trust, Inc. and Wachovia Bank, National Association Dated July 23, 2009Registration Rights Agreement • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts • New York
This Agreement is made pursuant to that certain Credit Agreement, dated as of the date hereof by and among the Company and Holder (the “Credit Agreement”).
SECOND AMENDMENT AND WAIVER TO FIRST AMENDED AND RESTATED REVOLVING LOAN AGREEMENT (Wachovia/Arbor)Revolving Loan Agreement • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts
THIS SECOND AMENDMENT AND WAIVER TO FIRST AMENDED AND RESTATED REVOLVING LOAN AGREEMENT, dated as of February 2, 2010 (this “Amendment No. 2”), is entered into by and among ARBOR REALTY TRUST, INC., a Maryland corporation, as a borrower (together with its successors and permitted assigns, “ART”), ARBOR REALTY GPOP, INC., a Delaware corporation, as a borrower (together with its successors and permitted assigns, “GPOP”), ARBOR REALTY LPOP, INC., a Delaware corporation, as a borrower (together with its successors and permitted assigns, “LPOP”), ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership, as a borrower (together with its successors and permitted assigns, “ARLP”), ARBOR REALTY SR, INC., a Maryland corporation, as a borrower (together with its successors and permitted assigns, “ARSR”), ARBOR REALTY COLLATERAL MANAGEMENT, LLC, a Delaware limited liability company, as a borrower (together with its successors and permitted assigns, “ARCM”, and, together with ART, GPOP, LPO
FOURTH AMENDMENT AND WAIVER TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT (Wachovia/Arbor)Credit Agreement • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts
THIS FOURTH AMENDMENT AND WAIVER TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 2, 2010 (this “Amendment No. 4”), is entered into by and among ARBOR REALTY FUNDING LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Arbor Realty Funding”), as a borrower, ARSR TAHOE, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ARSR Tahoe”), as a borrower, ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (together with its successors and permitted assigns, “Arbor Realty”), as a borrower, ART 450 LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ART 450”), as a borrower, ARBOR REALTY SR, INC., a Maryland corporation (together with its successors and permitted assigns, “ARSR”), as a borrower, ARBOR ESH II LLC (together with its successors and permitted assigns, “Arbor ESH” and, together with Arbor Realty Funding, ARSR Tahoe, Arbo
EXCHANGE AGREEMENT among ARBOR REALTY SR, INC. and TABERNA PREFERRED FUNDING I, LTD., TABERNA PREFERRED FUNDING V, LTD., TABERNA PREFERRED FUNDING VII, LTD., and TABERNA PREFERRED FUNDING VIII, LTD. Dated as of February 26, 2010Joint Cancellation Direction and Release • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts • New York
THIS JOINT CANCELLATION DIRECTION AND RELEASE, dated as of February ___, 2010 (this “Cancellation Direction”) is entered into by and between ARBOR REALTY SR, INC. (the “Company”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION (“BNYM”), not in its individual capacity, but solely as Trustee (as defined in the Indenture II described below).
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS (Wachovia/Arbor)Credit Agreement • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts
THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS, dated as of December 16, 2009 (this “Amendment No. 1”), is entered into by and among ARBOR REALTY FUNDING LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Arbor Realty Funding”), as a borrower, ARSR TAHOE, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ARSR Tahoe”), as a borrower, ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (together with its successors and permitted assigns, “Arbor Realty”), as a borrower, ART 450 LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ART 450”), as a borrower, ARBOR REALTY SR, INC., a Maryland corporation (together with its successors and permitted assigns, “ARSR”), as a borrower, ARBOR ESH II LLC (together with its successors and permitted assigns, “Arbor ESH” and, together with Arbor Realty Funding,
WAIVER TO FIRST AMENDED AND RESTATED REVOLVING LOAN AGREEMENT (Wachovia/Arbor)Revolving Loan Agreement • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts
THIS WAIVER TO FIRST AMENDED AND RESTATED REVOLVING LOAN AGREEMENT, dated as of January 20, 2010 (this “Waiver”), “), is entered into by and among ARBOR REALTY TRUST, INC., a Maryland corporation, as a borrower (together with its successors and permitted assigns, “ART”), ARBOR REALTY GPOP, INC., a Delaware corporation, as a borrower (together with its successors and permitted assigns, “GPOP”), ARBOR REALTY LPOP, INC., a Delaware corporation, as a borrower (together with its successors and permitted assigns, “LPOP”), ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership, as a borrower (together with its successors and permitted assigns, “ARLP”), ARBOR REALTY SR, INC., a Maryland corporation, as a borrower (together with its successors and permitted assigns, “ARSR”), ARBOR REALTY COLLATERAL MANAGEMENT, LLC, a Delaware limited liability company, as a borrower (together with its successors and permitted assigns, “ARCM”, and, together with ART, GPOP, LPOP, ARLP and ARSR, each as
SECOND AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT (Wachovia/Arbor)Credit Agreement • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts • New York
THIS SECOND AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 24, 2009 (this “Amendment No. 2”), is entered into by and among ARBOR REALTY FUNDING LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Arbor Realty Funding”), as a borrower, ARSR TAHOE, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ARSR Tahoe”), as a borrower, ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (together with its successors and permitted assigns, “Arbor Realty”), as a borrower, ART 450 LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ART 450”), as a borrower, ARBOR REALTY SR, INC., a Maryland corporation (together with its successors and permitted assigns, “ARSR”), as a borrower, ARBOR ESH II LLC (together with its successors and permitted assigns, “Arbor ESH” and, together with Arbor Realty Funding, ARSR Tahoe, Arbor Realty a
FIRST AMENDMENT TO REVOLVING LOAN AGREEMENT (Wachovia/Arbor)Revolving Loan Agreement • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO REVOLVING LOAN AGREEMENT, dated as of December 24, 2009 (this “Amendment No. 1”), is entered into by and among ARBOR REALTY TRUST, INC., a Maryland corporation, as a borrower (together with its successors and permitted assigns, “ART”), ARBOR REALTY GPOP, INC., a Delaware corporation, as a borrower (together with its successors and permitted assigns, “GPOP”), ARBOR REALTY LPOP, INC., a Delaware corporation, as a borrower (together with its successors and permitted assigns, “LPOP”), ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership, as a borrower (together with its successors and permitted assigns, “ARLP”), ARBOR REALTY SR, INC., a Maryland corporation, as a borrower (together with its successors and permitted assigns, “ARSR”), ARBOR REALTY COLLATERAL MANAGEMENT, LLC, a Delaware limited liability company, as a borrower (together with its successors and permitted assigns, “ARCM”, and, together with ART, GPOP, LPOP, ARLP and ARSR, each as the “Borrowe
THIRD AMENDMENT AND WAIVER TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT (Wachovia/Arbor)Credit Agreement • March 9th, 2010 • Arbor Realty Trust Inc • Real estate investment trusts
THIS THIRD AMENDMENT AND WAIVER TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT, dated as of January 20, 2010 (this “Amendment No. 3”), is entered into by and among ARBOR REALTY FUNDING LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Arbor Realty Funding”), as a borrower, ARSR TAHOE, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ARSR Tahoe”), as a borrower, ARBOR REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (together with its successors and permitted assigns, “Arbor Realty”), as a borrower, ART 450 LLC, a Delaware limited liability company (together with its successors and permitted assigns, “ART 450”), as a borrower, ARBOR REALTY SR, INC., a Maryland corporation (together with its successors and permitted assigns, “ARSR”), as a borrower, ARBOR ESH II LLC (together with its successors and permitted assigns, “Arbor ESH” and, together with Arbor Realty Funding, ARSR Tahoe, Arbor
