HERCULES TECHNOLOGY GROWTH CAPITAL, INC.Board Observer Right Agreement • February 22nd, 2005 • Hercules Technology Growth Capital Inc
This letter will confirm our agreement in connection with the purchase of 800 shares of Series A-1 preferred stock of Hercules Technology Growth Capital, Inc., a Maryland corporation (the “Company”), by Jolson Merchant Partners Group LLC (“JMP”) that, unless earlier terminated in accordance with the terms of this letter agreement, for two years, commencing on the earlier of the date of an Automatic Conversion Event (as defined in the Company’s charter as in effect on the date hereof) and the date upon which you cease to have a representative serving on the Board of Directors of the Company, the Company shall invite you to attend, in a nonvoting observer capacity, all meetings of its Board of Directors occurring during such two year time period and, in this respect, shall give you copies of all notices, minutes, consents, and other material that it provides to its directors in respect thereof; provided, however, that (A) your rights under this letter agreement shall terminate and be of
REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN HERCULES TECHNOLOGY GROWTH CAPITAL, INC. AND JMP SECURITIES LLCRegistration Rights Agreement • February 22nd, 2005 • Hercules Technology Growth Capital Inc • New York
This REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is made and entered into as of June 22, 2004, by and between HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (the “Company”) and JMP SECURITIES LLC, a Delaware limited liability company (“JMP”), for the benefit of (i) JMP and purchasers from JMP as initial purchaser under the Purchase/Placement Agreement (as defined below) of Units (the “Units”) consisting of two shares of the Company’s common stock, par value $0.001 per share (the “Common Stock”), one warrant to purchase one share of Common Stock with up to a 1 year term and one warrant to purchase one share of Common Stock with a 5 year term (collectively, the “Warrants”); and (ii) each of their respective Permitted Transferees (as defined below).
WARRANT AGREEMENT BY AND BETWEEN HERCULES TECHNOLOGY GROWTH CAPITAL, INC. AND AMERICAN STOCK TRANSFER & TRUST COMPANY AS WARRANT AGENTWarrant Agreement • February 22nd, 2005 • Hercules Technology Growth Capital Inc • New York
This Warrant Agreement (this “Agreement”), dated as of June 22, 2004, is by and between Hercules Technology Growth Capital, Inc., a Maryland corporation with an office at 3000 El Camino Real, Suite 200, California 94306 (the “Company”), and American Stock Transfer & Trust Company, with an office at 59 Maiden Lane, Plaza Level, New York, NY 10038, (the “Warrant Agent”).
