-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OTU9y3ctLTIxQQFxnXXQQxIuLM2wGhNF+YVHQknshwv5SQY+Y2pcg2rRB79oxPw+ fGvR5rDKBwBeUG1Jzw6Exw== 0001144204-09-020301.txt : 20090414 0001144204-09-020301.hdr.sgml : 20090414 20090414122529 ACCESSION NUMBER: 0001144204-09-020301 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090413 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090414 DATE AS OF CHANGE: 20090414 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NEW YORK MORTGAGE TRUST INC CENTRAL INDEX KEY: 0001273685 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 470934168 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32216 FILM NUMBER: 09748128 BUSINESS ADDRESS: STREET 1: 1301 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2126349400 8-K 1 v146108_8k.htm
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):   April 13, 2009
 
 
NEW YORK MORTGAGE TRUST, INC.
(Exact name of registrant as specified in its charter)
 
Maryland
001-32216
47-0934168
(State or other jurisdiction
of incorporation)
(Commission File Number)
(IRS Employer
Identification No.)


52 Vanderbilt Avenue, Suite 403
New York, New York  10017
(Address and zip code of
principal executive offices)

Registrant’s telephone number, including area code: (212) 792-0107
 
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:

o
Written communications pursuant to Rule 425 under the Securities Act  (17 CFR 230.425)
 
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 

 
Item 7.01.     Regulation FD Disclosure.
 
On April 13, 2009, New York Mortgage Trust, Inc. (the “Company”) issued a press release announcing its initial investment in notes issued by Cratos CLO I, Ltd. (“Cratos”)  A copy of the press release is furnished herewith as Exhibit 99.1 to this current report on Form 8-K and is incorporated herein by reference.
 
Item 8.01.     Other Events.

On April 13, 2009, the Company issued a press release announcing the closing of its $9 million initial investment in discounted notes issued by Cratos, a collateralized loan obligation.  This marks the Company’s first investment under its alternative investment strategy.  The Cratos portfolio consists of approximately $467 million par amount of senior secured corporate loans extended to more than 75 different borrowers and is diversified by industry, geography and borrower classification.  The Company’s investment in Cratos was completed in connection with the acquisition by JMP Group Inc., the Company’s largest stockholder, of Cratos’ investment adviser.

The Company’s investment in Cratos was conducted through Hypotheca Capital, LLC, the Company’s taxable REIT subsidiary.  Hypotheca Capital maintains an approximately $64.0 million net operating loss carry-forward and the Company expects to utilize a portion of this net operating loss carry-forward to offset taxable income generated by these assets. The Company’s investment in these assets will be managed by Harvest Capital Strategies LLC, the investment advisor to Hypotheca Capital, LLC and a wholly-owned subsidiary of JMP Group Inc.  

Item 9.01.     Financial Statements and Exhibits.

(d)  Exhibits.  The following exhibit is being furnished herewith this Current Report on Form 8-K.
 
99.1     Press Release dated April 13, 2009.
 

 
SIGNATURE
 
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
 
 
 
NEW YORK MORTGAGE TRUST, INC.
(Registrant)
 
     
       
Date:  April 14, 2009
By:
/s/  Steven R. Mumma  
    Steven R. Mumma  
    Chief Executive Officer  
 

 
EXHIBIT INDEX
 
Exhibit Description
   
99.1
Press Release dated April 13, 2009.
 

EX-99.1 2 v146108_ex99-1.htm Unassociated Document
New York Mortgage Trust Announces $9 Million Investment in Cratos CLO I, Ltd.

NEW YORK, April 13 /PRNewswire-FirstCall/ -- New York Mortgage Trust, Inc. (the “Company”) (Nasdaq: NYMT) announced today the closing of its $9 million initial investment in deeply discounted notes issued by Cratos CLO I, Ltd. (the “CLO”), a collateralized loan obligation.  This marks the Company’s first investment under its alternative investment strategy.  The CLO’s portfolio consists of $467 million par amount of senior secured corporate loans extended to more than 75 different borrowers and is diversified by industry, geography and borrower classification.  The Company’s investment in the CLO was completed in connection with the acquisition by JMP Group Inc., the Company’s largest stockholder, of the CLO’s investment adviser.

The Company’s investment in the CLO was conducted through Hypotheca Capital, LLC, the Company’s taxable REIT subsidiary.  Hypotheca Capital maintains an approximately $64.0 million net operating loss carry-forward and the Company expects to utilize a portion of this net operating loss carry forward to offset taxable income generated by these assets. The Company’s investment in these assets will be managed by Harvest Capital Strategies LLC, the investment advisor to Hypotheca Capital, LLC and a wholly-owned subsidiary of JMP Group Inc.

Commenting on today’s announcement, Steven R. Mumma, the Company’s Chief Executive Officer,  stated, “This is the first transaction in our previously announced alternative investment strategy focused on opportunistic investments in alternative financial assets that we believe are likely to generate attractive risk-adjusted returns and is consistent with the sourcing relationship contemplated by our relationship with JMP Group Inc. Based on the results of the substantial due diligence completed by the Company and JMP Group’s acquisition of the CLO’s investment adviser, we believe that this investment will provide attractive risk-adjusted returns for our alternative investment portfolio and should allow us to utilize a portion of our net operating loss carry-forward.”

About New York Mortgage Trust

New York Mortgage Trust, Inc. is a self-advised real estate investment trust (REIT) in the business of investing in and managing a combined portfolio of Agency mortgage-backed securities (MBS), prime credit quality residential adjustable rate mortgage (ARM) loans, non-agency mortgage-backed securities and certain other alternative financial assets. As a REIT, the Company is not subject to federal income tax, provided that it distributes at least 90% of its REIT income to stockholders.

Certain statements contained in this press release may be deemed to be forward-looking statements that predict or describe future events or trends. The matters described in these forward-looking statements are subject to known and unknown risks, uncertainties and other unpredictable factors, many of which are beyond the Company's control. The Company faces many risks that could cause its actual performance to differ materially from the results predicted by its forward-looking statements, including, without limitation, a rise in interest rates or a unfavorable change in prepayment rates may cause a decline in the market value of the Company's assets, borrowings to finance the purchase of assets may not be available on favorable terms, the Company may not be able to maintain its qualification as a REIT for federal tax purposes, the Company may be exposed to the risks associated with investing in mortgage loans, including changes in loan delinquencies, and the Company's hedging strategies may not be effective. The reports that the Company files with the Securities and Exchange Commission contain a fuller description of these and many other risks to which the Company is subject. Because of those risks, the Company's actual results, performance or achievements may differ materially from the results, performance or achievements contemplated by its forward- looking statements. The information set forth in this news release represents management's current expectations and intentions. The Company assumes no responsibility to issue updates to the forward-looking matters discussed in this press release.
 
 
CONTACT:  AT THE COMPANY, Steven R. Mumma, CEO, President, Chief Financial Officer, +1-212-792-0107, smumma@nymtrust.com; or AT FINANCIAL RELATIONS BOARD, Joe Calabrese, (General) +1-212-827-3772, or Scott Eckstein, (Analysts) +1-212-827-3766

 
 

 
 
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