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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) September 6,2005
(August 31, 2005)
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Arbor Realty Trust, Inc.
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(Exact name of registrant as specified in its charter)
Maryland 001-32136 20-0057959
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(State or other (Commission (IRS Employer
jurisdiction of File Number) Identification No.)
incorporation)
333 Earle Ovington Boulevard, Suite 900 Uniondale, New York 11553
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(Address of principal executive offices) (Zip Code)
(516) 832-8002
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(Registrant's telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
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Arbor Realty Trust, Inc.
Current Report on Form 8-K
ITEM 5.02 DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF DIRECTORS;
APPOINTMENT OF PRINCIPAL OFFICERS.
(b) Mr. Frederick C. Herbst voluntarily resigned as Chief Financial
Officer and Treasurer of Arbor Realty Trust, Inc. (the "Company"), effective
September 16, 2005. Mr. Herbst's resignation did not involve a disagreement with
the Company on any matter relating to the Company's operations, policies or
practices.
(c) The Company has appointed Mr. Paul Elenio as Chief Financial Officer
and Treasurer of the Company, effective as of September 16, 2005. Mr. Elenio is
38 years of age, has served as the Senior Vice President--Finance of the Company
since 2004 and has served as Vice President and Controller for the Company or
its predecessor companies since 1996. Mr. Elenio is responsible for overseeing
the Company's financial reporting, tax planning and reporting and budgeting and
forecasting. There is no arrangement or understanding between Mr. Elenio and any
other persons pursuant to which Mr. Elenio was appointed as Chief Financial
Officer.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(c) Exhibits
Exhibit Number
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99.1 Press Release, dated September 6, 2005.
SIGNATURE
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 hereunto duly authorized.
Dated: September 6, 2005 ARBOR REALTY TRUST, INC.
By: /s/ Walter K Horn
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Name: Walter K. Horn
Title: General Counsel, Secretary and
Director of Compliance
EXHIBIT INDEX
Exhibit Number
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99.1 Press Release, dated September 6, 2005.
Exhibit 99.1
ARBOR REALTY TRUST ANNOUNCES CHIEF FINANCIAL OFFICER SUCCESSION
UNIONDALE, N.Y., Sept. 6 /PRNewswire-FirstCall/ -- Arbor Realty Trust,
Inc. (NYSE: ABR), a real estate investment trust focused on the business of
investing in real estate related bridge and mezzanine loans, preferred and
direct equity investments, mortgage-related securities and other real estate
related assets, today announced the resignation of Frederick C. Herbst, Chief
Financial Officer. Mr. Herbst resigned to pursue other professional
opportunities, effective September 16, 2005. On that date, Paul Elenio, the
Company's Senior Vice President of Finance, will assume the role of Chief
Financial Officer. Mr. Elenio began his career with Arbor and its predecessor
companies in 1991.
Ivan Kaufman, Arbor's Chairman and Chief Executive Officer, commented, "We
appreciate Rick's valuable contributions over the years and wish him continued
success in his future endeavors. Paul's knowledge of the firm and his financial
background make him a perfect fit to assume the CFO responsibilities and we look
forward to a smooth transition. I have worked with Paul for many years and have
the utmost confidence his abilities will serve us well as he assumes his new
role."
About Arbor Realty Trust, Inc.
Arbor Realty Trust, Inc. is a real estate investment trust which invests in
a diversified portfolio of multifamily and commercial real estate related bridge
and mezzanine loans, preferred equity investments, mortgage related securities
and other real estate related assets. Arbor commenced operations in July 2003
and conducts substantially all of its operations through its operating
partnership, Arbor Realty Limited Partnership and its subsidiaries. Arbor is
externally managed and advised by Arbor Commercial Mortgage, LLC, a national
commercial real estate finance company operating through 15 offices in the U.S.
that specializes in debt and equity financing for multifamily and commercial
real estate.
Safe Harbor Statement
Certain items in this press release may constitute forward-looking
statements within the meaning of the "safe harbor" provisions of the Private
Securities Litigation Reform Act of 1995. These statements are based on
management's current expectations and beliefs and are subject to a number of
trends and uncertainties that could cause actual results to differ materially
from those described in the forward-looking statements. Arbor can give no
assurance that its expectations will be attained. Factors that could cause
actual results to differ materially from Arbor's expectations include, but are
not limited to, continued ability to source new investments, changes in interest
rates and/or credit spreads, changes in the real estate markets, and other risks
detailed in the Arbor's Annual Report on Form 10-K for the year ended December
31, 2004 and its other reports filed with the SEC. Such forward-looking
statements speak only as of the date of this press release. Arbor expressly
disclaims any obligation or undertaking to release publicly any updates or
revisions to any forward-looking statements contained herein to reflect any
change in Arbor's expectations with regard thereto or change in events,
conditions, or circumstances on which any such statement is based.
Investors: Media:
Stephanie Carrington/ Denise Roche Bonnie Habyan, SVP of Marketing
The Ruth Group 516-229-6615
646-536-7017 / 7008 bonnie.habyan@thearbornet.com
scarrington@theruthgroup.com
droche@theruthgroup.com
SOURCE Arbor Realty Trust, Inc.
-0- 09/06/2005
/CONTACT: Investors - Stephanie Carrington, +1-646-536-7017,
scarrington@theruthgroup.com, or Denise Roche, +1-646-536-7008,
droche@theruthgroup.com, both of The Ruth Group; or Media - Bonnie Habyan, SVP
of Marketing of Arbor Realty Trust, Inc., +1-516-229-6615,
bonnie.habyan@thearbornet.com /