0000950123-10-036920 Sample Contracts

FIRST AMENDMENT TO TORTOISE ENERGY CAPITAL CORPORATION COMMON STOCK ($0.001 PAR VALUE) CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT
Controlled Equity Offering Sales Agreement • April 22nd, 2010 • Tortoise Energy Capital Corp

THIS AMENDMENT TO (the “Amendment”) the Controlled Equity Offering Sales AgreementSM dated as of August 3, 2009 (the “Sales Agreement”) is made and entered into effective as of April 21, 2010, by and between Tortoise Energy Capital Corporation, a Maryland corporation (the “Fund”), the Fund’s investment adviser, Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”), and Cantor Fitzgerald & Co. (“CF&Co.”).

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