Exhibit k.10 FIRST AMENDMENT TO CREDIT AGREEMENT This First Amendment to Credit Agreement (the "Amendment") is made as of May __, 2007, by and among TORTOISE ENERGY CAPITAL CORPORATION, a Maryland corporation (the "Borrower"); U.S. BANK NATIONAL...Credit Agreement • February 19th, 2008 • Tortoise Energy Capital Corp
TORTOISE ENERGY CAPITAL CORPORATION FORM OF PLACEMENT AGENCY AGREEMENTTortoise Energy Capital Corp • February 19th, 2008 • New York
Tortoise Energy Capital Corporation, a Maryland corporation (the "FUND"), proposes to sell shares of common stock, par value $0.001 per share, of the Fund (the "SHARES"), directly to certain investors (the "INVESTORS"). The Fund and Tortoise Capital Advisors, LLC (the "ADVISER") desire to engage [Placement Agent] as the placement agent (the "PLACEMENT AGENT") in connection with such issuance and sale. The Shares are more fully described in the Registration Statement (as hereinafter defined).
Exhibit h.1 TORTOISE ENERGY CAPITAL CORPORATION (a Maryland Corporation) __________ Shares of Common Stock Par Value $_____ Per Share UNDERWRITING AGREEMENT Ladies and Gentlemen: Tortoise Energy Capital Corporation, a Maryland corporation (the...Underwriting Agreement • February 19th, 2008 • Tortoise Energy Capital Corp • New York
Tortoise Energy Capital Corporation, a Maryland corporation (the "FUND"), and the Fund's investment adviser, Tortoise Capital Advisors, LLC, a Delaware limited liability company (the "ADVISER"), each confirms its agreement with ____________, _____________ and each of the other Underwriters named in Schedule A hereto (collectively, the "UNDERWRITERS"), for whom ________________ and _________________ are acting as representatives (in such capacity, the "REPRESENTATIVES"), with respect to the issue and sale by the Fund and the purchase by the Underwriters, acting severally and not jointly, of the respective number of shares of common stock, par value $____ per share, of the Fund ("COMMON SHARES") set forth in Schedule A hereof (collectively, the "PRIMARY SHARES"), and with respect to the grant by the Fund to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of _______ additional Common Shares to cover over-allotm
Exhibit k.7 BROKER-DEALER AGREEMENT This Broker-Dealer Agreement dated as of ____________, is between The Bank of New York (the "Auction Agent") (not in its individual capacity, but solely as agent of Tortoise Energy Capital Corporation (the...Broker-Dealer Agreement • February 19th, 2008 • Tortoise Energy Capital Corp • New York
Exhibit h.4 PURCHASE AGREEMENT Tortoise Energy Capital Corporation 10801 Mastin Boulevard, Suite 222 Overland Park, Kansas 66210 Ladies and Gentlemen: The undersigned entities set forth on Schedule I hereto (each an "Investor"), hereby confirm and...Purchase Agreement • February 19th, 2008 • Tortoise Energy Capital Corp • New York
AUCTION AGENCY AGREEMENT dated as of ________________ relating to the SERIES ___ MONEY MARKET CUMULATIVE PREFERRED(R) SHARES THE BANK OF NEW YORK as Auction Agent AUCTION AGENCY AGREEMENT This Auction Agency Agreement (this "Agreement"), dated as of...Auction Agency Agreement • February 19th, 2008 • Tortoise Energy Capital Corp • New York
Exhibit k.11 SECOND AMENDMENT TO CREDIT AGREEMENT This Second Amendment to Credit Agreement (the "Amendment") is made as of October __, 2007, by and among TORTOISE ENERGY CAPITAL CORPORATION, a Maryland corporation (the "Borrower"); U.S. BANK NATIONAL...Credit Agreement • February 19th, 2008 • Tortoise Energy Capital Corp
Exhibit d.3 THIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF. THIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY...Tortoise Energy Capital Corp • February 19th, 2008
THIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF. THIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, AND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, IN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITARY OR A NOMINEE THEREOF, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
Exhibit h.2 SERIES ___ MONEY MARKET CUMULATIVE PREFERRED (MMP(R)) SHARES TORTOISE ENERGY CAPITAL CORPORATION UNDERWRITING AGREEMENTStock Transfer Agency Agreement • February 19th, 2008 • Tortoise Energy Capital Corp • New York
Exhibit h.3 AUCTION RATE SENIOR NOTES $____________ SERIES __, DUE ________________ ($25,000 DENOMINATIONS) TORTOISE ENERGY CAPITAL CORPORATION UNDERWRITING AGREEMENTFund Administration Servicing Agreement • February 19th, 2008 • Tortoise Energy Capital Corp • New York
