] Shares Hercules Technology Growth Capital, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 5th, 2008 • 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”).
SECOND AMENDMENT TO AMENDED AND RESTATED SALE AND SERVICING AGREEMENT (Hercules Funding Trust I)Sale and Servicing Agreement • June 5th, 2008 • Hercules Technology Growth Capital Inc • New York
THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED SALE AND SERVICING AGREEMENT, dated as of May 7, 2008 (this “Amendment”), is entered into in connection with that certain Amended and Restated Sale and Servicing Agreement, dated as of May 2, 2007 (as amended, supplemented, restated or replaced from time to time, the “Sale and Servicing Agreement”), by and among Hercules Funding Trust I, as the issuer (together with its successors and assigns in such capacity, the “Issuer”), Hercules Funding I, LLC, as the depositor (together with its successors and assigns in such capacity, the “Depositor”), Hercules Technology Growth Capital, Inc., as the originator (together with its successors and assigns in such capacity, the “Originator”) and as the servicer (together with its successors and assigns in such capacity, the “Servicer”), U.S. Bank National Association, as the indenture trustee (together with its successors and assigns in such capacity, the “Indenture Trustee”), as the paying agent (to
FIRST AMENDMENT TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENT (Hercules Funding Trust I)Note Purchase Agreement • June 5th, 2008 • Hercules Technology Growth Capital Inc • New York
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED NOTE PURCHASE AGREEMENT, dated as of May 7, 2008 (this “Amendment”), is entered into in connection with that certain Amended and Restated Note Purchase Agreement, dated as of May 2, 2007 (as amended, supplemented, restated or replaced from time to time, the “Note Purchase Agreement”), by and among Hercules Funding Trust I, as the issuer (together with its successors and assigns in such capacity, the “Issuer”), Hercules Funding I, LLC, as the depositor (together with its successors and assigns in such capacity, the “Depositor”), Hercules Technology Growth Capital, Inc., as the originator (together with its successors and assigns in such capacity, the “Originator”), the financial institutions party thereto as conduit purchasers (each, a “Conduit Purchaser”), the financial institutions party thereto as committed purchasers (each, a “Committed Purchaser”) and Citigroup Global Markets Realty Corp., as administrative agent. Capitalized terms u
