HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated May [•], 2023Equity Distribution Agreement • May 5th, 2023 • Hercules Capital, Inc. • New York
Contract Type FiledMay 5th, 2023 Company JurisdictionPursuant to Section 7(n) of the Equity Distribution Agreement, dated [DATE] (the “Equity Distribution Agreement”) (terms defined therein being used herein as therein defined), by and among Hercules Capital, Inc., a Maryland corporation (the “Company”) and [Name of Sales Manager] (the “Sales Manager”), the undersigned officers of the Company each hereby certifies, in his or her capacity as President and Chief Executive Officer, and Chief Financial Officer, respectively, of, and on behalf of, the Company:
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated May [●], 2022Equity Distribution Agreement • May 9th, 2022 • Hercules Capital, Inc. • New York
Contract Type FiledMay 9th, 2022 Company JurisdictionPursuant to Section 7(n) of the Equity Distribution Agreement, dated [DATE] (the “Equity Distribution Agreement”) (terms defined therein being used herein as therein defined), by and among Hercules Capital, Inc., a Maryland corporation (the “Company”) and [Name of Sales Manager] (the “Sales Manager”), the undersigned officers of the Company each hereby certifies, in his or her capacity as President and Chief Executive Officer, and Chief Financial Officer, respectively, of, and on behalf of, the Company:
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated July 2, 2020Equity Distribution Agreement • July 2nd, 2020 • Hercules Capital, Inc. • New York
Contract Type FiledJuly 2nd, 2020 Company JurisdictionHercules Capital, Inc., a Maryland corporation (the “Company”), proposes to issue and sell through JMP Securities LLC, acting as agent and/or principal (the “Sales Manager”), up to 16,500,000 shares (the “Maximum Amount”) of common stock (the “Shares”), par value $0.001 per share (the “Common Stock”), of the Company. Pursuant to the prior equity distribution agreements (the “Original Agreements”), dated August 16, 2013, March 7, 2016, August 26, 2016, December 21, 2016, September 8, 2017 and May 6, 2019, respectively, between the Company and the Sales Manager, the Company issued and sold 28,485,977 Shares. The parties hereby terminate the Original Agreements and confirm their agreement in the form of this Equity Distribution Agreement (this “Agreement”) as follows:
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated May 6, 2019Equity Distribution Agreement • May 6th, 2019 • Hercules Capital, Inc. • New York
Contract Type FiledMay 6th, 2019 Company JurisdictionHercules Capital, Inc., a Maryland corporation (the “Company”), proposes to issue and sell through JMP Securities LLC, acting as agent and/or principal (the “Sales Manager”), up to 12,000,000 shares of common stock (the “Shares”), par value $0.001 per share (the “Common Stock”), of the Company. Pursuant to the prior equity distribution agreements (the “Original Agreements”), dated August 16, 2013, March 7, 2016, August 26, 2016, December 21, 2016 and September 8, 2017, respectively, between the Company and the Sales Manager, the Company issued and sold 18,647,378 Shares. The parties hereby terminate the Original Agreements and confirm their agreement in the form of this Equity Distribution Agreement (this “Agreement”) as follows:
Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated September 29, 2017Equity Distribution Agreement • September 29th, 2017 • Harvest Capital Credit Corp • New York
Contract Type FiledSeptember 29th, 2017 Company JurisdictionPursuant to Section 7(m) of the Equity Distribution Agreement, dated September 29, 2017 (the “Equity Distribution Agreement”) (terms defined therein being used herein as therein defined), by and among Harvest Capital Credit Corporation, a Delaware corporation (the “Company”), and JMP Securities LLC (the “Sales Manager”), the undersigned officers of the Company each hereby certifies, in his or her capacity as Chief Executive Officer, and Chief Financial Officer, respectively, of, and on behalf of, the Company:
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated September 8, 2017Equity Distribution Agreement • September 13th, 2017 • Hercules Capital, Inc. • New York
Contract Type FiledSeptember 13th, 2017 Company Jurisdiction
Harvest Capital Credit Corporation Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated January 27, 2017Equity Distribution Agreement • January 27th, 2017 • Harvest Capital Credit Corp • New York
Contract Type FiledJanuary 27th, 2017 Company Jurisdiction
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT Dated December 21, 2016Equity Distribution Agreement • December 22nd, 2016 • Hercules Capital, Inc. • New York
Contract Type FiledDecember 22nd, 2016 Company Jurisdiction
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT Dated August 26, 2016Equity Distribution Agreement • August 30th, 2016 • Hercules Capital, Inc. • New York
Contract Type FiledAugust 30th, 2016 Company Jurisdiction
NEWTEK BUSINESS SERVICES CORP. Common Stock, $0.02 par value per share FORM OF EQUITY DISTRIBUTION AGREEMENT Dated [ ], 20[ ]Equity Distribution Agreement • August 25th, 2016 • Newtek Business Services Corp. • New York
Contract Type FiledAugust 25th, 2016 Company JurisdictionNewtek Business Services Corp., a Maryland corporation (the “Company”), proposes to issue and sell through [ ], acting as agent and/or principal (the “Sales Manager”), up to [ ] shares of common stock (the “Shares”), par value $0.02 per share (the “Common Stock”), of the Company.
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT Dated March 7, 2016Equity Distribution Agreement • March 22nd, 2016 • Hercules Capital, Inc. • New York
Contract Type FiledMarch 22nd, 2016 Company Jurisdiction
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT Dated March 7, 2016Equity Distribution Agreement • March 8th, 2016 • Hercules Capital, Inc. • New York
Contract Type FiledMarch 8th, 2016 Company Jurisdiction
HERCULES TECHNOLOGY GROWTH CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated August 16, 2013Equity Distribution Agreement • August 16th, 2013 • Hercules Technology Growth Capital Inc • New York
Contract Type FiledAugust 16th, 2013 Company JurisdictionHercules Technology Growth Capital, Inc., a Maryland corporation (the “Company”), proposes to issue and sell through JMP Securities LLC, acting as agent and/or principal (the “Sales Manager”), up to 8,000,000 shares of common stock (the “Shares”), par value $0.001 per share (the “Common Stock”), of the Company.