ARBOR REALTY TRUST INC 10-Q

Item 1A. Risk Factors ​ There have been no material changes to the risk factors set forth in Item 1A of our 2020 Annual Report. ​ 67 Table of Contents ​ Item 6. Exhibits ​ ​ ​ ​ Exhibit # Description 3.1 ​ Articles of Incorporation of Arbor Realty Trust, Inc. ( 1) ​ ​ ​ 3.2 ​ Articles of Amendment to Articles of Incorporation of Arbor Realty Trust, Inc. (2) ​ ​ ​ 3.3 ​ Amended and Restated Bylaws of Arbor Realty Trust, Inc. (3) ​ ​ ​ 3.4 ​ Articles Supplementary of 6.375% Series D Cumulative Redeemable Preferred Stock. (4) ​ ​ ​ 3.5 ​ Articles Supplementary of 6.25% Series E Cumulative Redeemable Preferred Stock (5) ​ ​ ​ 3.6 ​ Articles Supplementary of 6.25% Series F Fixed-to-Floating Rate Cumulative Redeemable Preferred Stock (6) ​ ​ ​ 3.7 ​ Specimen 6.375% Series D Cumulative Redeemable Preferred Stock Certificate (7) ​ ​ ​ 4.1 ​ Specimen 6.25% Series E Cumulative Redeemable Preferred Stock Certificate (8) ​ ​ ​ 4.2 ​ Specimen 6.25% Series F Fixed-to-Floating Rate Cumulative Redeemable Preferred Stock Certificate (9) ​ ​ ​ 10.1 ​ Fourth Amended and Restated Agreement of Limited Partnership of Arbor Realty Limited Partnership, dated June 25, 2021, by and among Arbor Realty GPOP, Inc., Arbor Realty LPOP, Inc., Arbor Commercial Mortgage, LLC and Arbor Realty Trust, Inc. (10) ​ ​ ​ 10.2 ​ First Amendment dated August 25, 2021 to the Fourth Amended and Restated Agreement of Limited Partnership of Arbor Realty Limited Partnership, dated June 25, 2021, by and among Arbor Realty GPOP, Inc., Arbor Realty LPOP, Inc., Arbor Commercial Mortgage, LLC and Arbor Realty Trust, Inc. ​ ​ ​ 10.3 ​ Second Amendment dated October 12, 2021 to the Fourth Amended and Restated Agreement of Limited Partnership of Arbor Realty Limited Partnership, dated June 25, 2021, by and among Arbor Realty GPOP, Inc., Arbor Realty LPOP, Inc., Arbor Commercial Mortgage, LLC and Arbor Realty Trust, Inc. ​ ​ ​ 31.1 ​ Certification of Chief Executive Officer pursuant to Exchange Act Rule 13a-14. ​ ​ ​ 31.2 ​ Certification of Chief Financial Officer pursuant to Exchange Act Rule 13a-14. ​ ​ ​ 32 ​ Certifications of Chief Executive Officer and Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. ​ ​ ​ 101.1 ​ Financial statements from the Quarterly Report on Form 10-Q of Arbor Realty Trust, Inc. for the quarter ended September 30, 2021, filed on October 29, 2021, formatted in Inline Extensible Business Reporting Language (“XBRL”): (i) the Consolidated Balance Sheets, (ii) the Consolidated Statements of Income, (iii) the Consolidated Statements of Changes in Equity, (iv) the Consolidated Statements of Cash Flows and (v) the Notes to Consolidated Financial Statements. ​ ​ ​ 104 ​ Cover Page Interactive Data File (formatted in Inline XBRL and contained in Exhibit 101) ​ In accordance with Item 601 (b)(4)(iii)(A) of Regulation S-K, certain instruments with respect to long-term debt of the registrant have been omitted but will be furnished to the Securities and Exchange Commission upon request. (1) Incorporated by reference to Registration Statement on Form S-11 (No. 333-110472), as amended filed November 13, 2003. 68 Table of Contents (2) Incorporated by reference to the Registrant’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2007 filed August 7, 2007. (3) Incorporated by reference to Exhibit 3.1 of Form 8-K filed December 1, 2020. (4) Incorporated by reference to Exhibit 3.7 on Form 8-A filed June 2, 2021. (5) Incorporated by reference to Exhibit 3.5 on Form 8-A filed August 11, 2021. (6) Incorporated by reference to Exhibit 3.6 on Form 8-A filed October 12, 2021. (7) Incorporated by reference to Exhibit 4.1 on Form 8-A filed June 2, 2021. (8) Incorporated by reference to Exhibit 4.1 on Form 8-A filed August 11, 2021. (9) Incorporated by reference to Exhibit 4.1 on Form 8-A filed October 12, 2021. (10) Incorporated by reference to Exhibit 10.2 on Form S-4 (No. 333-257494) filed June 28, 2021. ​ ​ 69 Table of Contents SIGNATURES ​ Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. ​ ​ ​ ARBOR REALTY TRUST, INC . ​ ​ ​ Date: October 29, 2021 By: /s/ Ivan Kaufman Ivan Kaufman Chief Executive Officer ​ ​ ​ ​ ​ ​ Date: October 29, 2021 By: /s/ Paul Elenio Paul Elenio Chief Financial Officer ​ ​ 70