FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 11th, 2009 • Hercules Technology Growth Capital Inc • New York
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “First Amendment” or this “Amendment”) is entered into as of April 30, 2009, by and among HERCULES FUNDING II LLC, a Delaware limited liability company (“Borrower”), the lenders identified on the signature page hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (“Agent”), with reference to the following facts, which shall be construed as part of this First Amendment:
