Unassociated Document
 
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): December 4, 2008
 
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 8.01. Other Events.

On December 4, 2008, the Company announced that its Board of Directors (the “Board”) approved an exemption, effective November 25, 2008, from the ownership limitations contained in the Company’s charter, to permit Joseph A. Jolson to beneficially own (as defined in the charter) up to 25% of the aggregate value of the Company’s outstanding stock. Pursuant to the terms of the waiver, the Board reserved the right to revoke or modify the exemption granted to Mr. Jolson in order to prevent disqualification of the Company as a real estate investment trust for federal income tax purposes. Mr. Jolson currently serves as the Chairman and Chief Executive Officer of JMP Group, Inc.

 
 
 
 
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: December 4, 2008
By:
/s/ Steven R. Mumma
 
Steven R. Mumma
 
Chief Financial Officer