AMENDMENT AGREEMENT DATED JULY 13, 2007 BETWEEN BLACKHAWK AND SMH CAPITAL INC. SMH CAPITAL INC. July 13, 2007Amendment Agreement • August 14th, 2007 • Blackhawk Capital Group BDC Inc
Reference is made to the agreement dated October 31, 2006 ("Agreement") between Sanders Morris Harris Inc., a Texas corporation ("SMH") and Blackhawk Capital Group BDC, Inc., a Delaware corporation (the "Company") and a business development company registered under the Investment Company Act of 1940, as amended (the "Investment Company Act"), pursuant to which SMH has acted as financial adviser and placement agent to the Company for the Company's sale of a maximum amount of 5,000,000 shares of its common stock ("Securities") to accredited investors in the Company's Regulation E Offering ("Offering") under the Securities Act of 1933, as amended ("Securities Act"). The Agreement was supplemented by a letter agreement dated January 27, 2007 ("First Amendment") between SMH and the Company relating to the participation of Janney Montgomery Scott in the Offering.
