SALE AND SERVICING AGREEMENT by and among HERCULES CAPITAL FUNDING TRUST 2022-1, as the Issuer, HERCULES CAPITAL FUNDING 2022-1 LLC, as the Trust Depositor, HERCULES CAPITAL, INC. as the Seller and as the Servicer, Dated as of June 22, 2022 Hercules...Sale and Servicing Agreement • July 28th, 2022 • Hercules Capital, Inc. • New York
SALE AND CONTRIBUTION AGREEMENT by and between HERCULES CAPITAL, INC., as the Seller and HERCULES CAPITAL FUNDING 2022-1 LLC, as the Trust Depositor Dated as of June 22, 2022 Hercules Capital Funding Trust 2022-1 Asset-Backed NotesSale and Contribution Agreement • July 28th, 2022 • Hercules Capital, Inc. • New York
THIS SALE AND CONTRIBUTION AGREEMENT, dated as of June 22, 2022 (as amended, modified, restated, waived, or supplemented from time to time, this “Agreement”), is between HERCULES CAPITAL, INC., a Maryland corporation (together with its successors and assigns, “Hercules,” and in its capacity as originator, together with its successors and assigns, the “Seller”) and HERCULES CAPITAL FUNDING 2022-1 LLC, a Delaware limited liability company (together with its successors and assigns, the “Trust Depositor”).
AMENDED AND RESTATED TRUST AGREEMENT by and between HERCULES CAPITAL FUNDING 2022-1 LLC, as the Trust Depositor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as the Owner Trustee Dated as of June 22, 2022 Hercules Capital Funding Trust 2022-1...Trust Agreement • July 28th, 2022 • Hercules Capital, Inc. • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Trust Agreement” or this “Agreement”), dated as of June 22, 2022, is between HERCULES CAPITAL FUNDING 2022-1 LLC, a Delaware limited liability company, as trust depositor (the “Trust Depositor”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (in its individual capacity, together with its successors and assigns, the “Trust Company”), as owner trustee (solely in such capacity, the “Owner Trustee”).
Hercules Capital Funding Trust 2022-1 NotesIndenture • July 28th, 2022 • Hercules Capital, Inc. • New York
ADMINISTRATION AGREEMENT among HERCULES CAPITAL FUNDING TRUST 2022-1, as Issuer, HERCULES CAPITAL, INC., as Administrator WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee and Dated as of June 22, 2022Administration Agreement • July 28th, 2022 • Hercules Capital, Inc. • New York
THIS ADMINISTRATION AGREEMENT (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”) dated as of June 22, 2022, is among HERCULES CAPITAL FUNDING TRUST 2022-1, a Delaware statutory trust (the “Issuer”), HERCULES CAPITAL, INC., a Maryland corporation, as administrator (“Hercules” or the “Administrator”), U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity but solely as owner trustee (the “Owner Trustee”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned such terms in the Sale and Servicing Agreement dated as of June 22, 2022 (the “Sale and Servicing Agreement”) by and among the Issuer, Hercules, as seller and as servicer, Hercules Capital Funding 2022-1 LLC, as trust depositor (the “Trust Depositor”) and U.S. Bank Trust Company, National A
Hercules Capital, Inc. Second Supplement to Note Purchase Agreement Dated as of June 23, 2022Note Purchase Agreement • July 28th, 2022 • Hercules Capital, Inc. • New York
This Second Supplement to Note Purchase Agreement (the or this “Supplement”) is between Hercules Capital, Inc., a Maryland corporation (the “Company”), and the institutional investors named on Schedule A attached hereto (the “Additional Purchasers”).
HERCULES CAPITAL FUNDING TRUST 2022-1 Senior Secured Notes Note Purchase Agreement ______________ Dated June 22, 2022Hercules Capital, Inc. • July 28th, 2022 • New York
HERCULES CAPITAL FUNDING TRUST 2022-1, a Delaware statutory trust (the “Issuer”), the Depositor and Hercules (each, as defined below) agree with each of the Purchasers as follows:
