Item 1.01 Entry into a Material Definitive Agreement.
On August 15, 2008, Arbor Realty Trust, Inc. (the "Company") entered into an
Equity Placement Program Sales Agreement (the "Agreement") with JMP Securities
LLC (the "Agent"). Pursuant to the Agreement, the Company may issue and sell
through the Agent shares of its common stock and the Agent agrees to use its
commercially reasonable efforts to sell such shares during the term of the
Agreement and on the terms set forth therein. The Agreement contains customary
representations and warranties, indemnification provisions and closing
conditions. The foregoing description of the Agreement is qualified in its
entirety by reference to the Agreement filed as Exhibit 1.1 to this Form 8-K and
incorporated herein by reference.
The Agent may engage in transactions with, or perform services for, the
Company in the ordinary course of business for which it will receive customary
compensation.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits
Exhibit Number
1.1 Equity Placement Program Sales Agreement, dated August 15, 2008, by
and between the Company and JMP Securities LLC.
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