HERCULES TECHNOLOGY GROWTH CAPITAL, INC. [ ] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 15th, 2007 • Hercules Technology Growth Capital Inc • New York
Hercules Technology Growth Capital, Inc., a Maryland corporation (the “Company”) proposes to issue and sell to [ ] (each, an “Underwriter” and, collectively the “Underwriters”) an aggregate of [ ] shares of common stock, par value $0.001 per share, of the Company (the “Firm Shares”).
AMENDED AND RESTATED NOTE PURCHASE AGREEMENT among HERCULES FUNDING TRUST I, as Issuer HERCULES FUNDING I LLC, as Depositor HERCULES TECHNOLOGY GROWTH CAPITAL, INC., as Originator THE FINANCIAL INSTITUTIONS PARTY HERETO, as the Conduit Purchasers, THE...Note Purchase Agreement • May 15th, 2007 • Hercules Technology Growth Capital Inc • New York
AMENDED AND RESTATED NOTE PURCHASE AGREEMENT dated as of May 2, 2007 (as amended, supplemented and otherwise modified from time to time, the “Note Purchase Agreement”), among Hercules Funding Trust I (together with any successors and assigns in such capacity, the “Issuer”), Hercules Funding I LLC (together with any successors and assigns in such capacity, the “Depositor”), Hercules Technology Growth Capital, Inc. (“Hercules”), the persons from time to time party hereto as conduit purchasers (collectively, the “Conduit Purchasers”), the financial institutions from time to time party hereto as committed purchasers (collectively, the “Committed Purchasers”), and Citigroup Global Markets Realty Corp. (“Citigroup”), in its capacity as administrative agent (together with any successors and assigns in such capacity, the “Administrative Agent”) for each Purchaser (as defined herein), amending and restating the note purchase agreement dated August 1, 2005 between the Issuer, the Depositor, Herc
FOURTH AMENDMENT TO WARRANT PARTICIPATION AGREEMENT (Hercules Funding Trust I)Warrant Participation Agreement • May 15th, 2007 • Hercules Technology Growth Capital Inc • New York
THIS FOURTH AMENDMENT TO THE WARRANT PARTICIPATION AGREEMENT, dated as of May 2, 2007 (this “Amendment”), is entered into in connection with that certain Warranty Agreement, dated as of August 1, 2005, as amended by the First Omnibus Amendment dated as of March 6, 2006, the Second Amendment to Warrant Participation Agreement dated October 16, 2006 and the Second Omnibus Amendment dated as of December 6, 2006 (as further amended, supplemented, restated or replaced from time to time, the “Warrant Participation Agreement”), by and among Hercules Technology Growth Capital, Inc. (together with its successors and assigns, “Hercules”) and Citigroup Global Markets Realty Corp. (together with its successors and assigns, the “Participant”). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Warrant Participation Agreement.
