0001104659-21-103039 Sample Contracts

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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New York Mortgage Trust, Inc. AMENDMENT NO. 2 TO EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • August 11th, 2021 • New York Mortgage Trust Inc • Real estate investment trusts

Reference is made to the Equity Distribution Agreement, dated March 29, 2019 (the “Original Equity Distribution Agreement”), between New York Mortgage Trust, Inc., a Maryland corporation (the “Company”), and JonesTrading Institutional Services LLC (the “Placement Agent”), as amended by Amendment No. 1 to Original Equity Distribution Agreement, dated as of November 27, 2019 (“Amendment No. 1” and together with the Original Equity Distribution Agreement, the “Equity Distribution Agreement”), pursuant to which the Company agreed to sell through the Placement Agent, acting as agent and/or principal, up to an aggregate of $131,477,592 of shares of the Company’s 7.75% Series B Cumulative Redeemable Preferred Stock, par value $0.01 per share, the Company’s 7.875% Series C Cumulative Redeemable Preferred Stock, par value $0.01 per share, the Company’s 8.00% Series D Fixed-to-Floating Rate Cumulative Redeemable Preferred Stock, par value $0.01 per share, and the Company’s 7.875% Series E Fixed-

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