SALE AND SERVICING AGREEMENT by and among HERCULES CAPITAL FUNDING TRUST 2012-1, as the Issuer, HERCULES CAPITAL FUNDING 2012-1 LLC, as the Trust Depositor, HERCULES TECHNOLOGY GROWTH CAPITAL, INC. as the Seller and as the Servicer, and U.S. BANK...Sale and Servicing Agreement • December 20th, 2012 • Hercules Technology Growth Capital Inc • New York
WHEREAS, the Trust Depositor acquired the Initial Loans from the Seller and may acquire from time to time thereafter certain Substitute Loans;
SALE AND CONTRIBUTION AGREEMENT by and between HERCULES TECHNOLOGY GROWTH CAPITAL, INC., as the Seller and HERCULES CAPITAL FUNDING 2012-1 LLC, as the Trust Depositor Dated as of December 19, 2012 Hercules Capital Funding Trust 2012-1 Asset-Backed NotesSale and Contribution Agreement • December 20th, 2012 • Hercules Technology Growth Capital Inc • New York
THIS SALE AND CONTRIBUTION AGREEMENT, dated as of December 19, 2012 (as amended, modified, restated, waived, or supplemented from time to time, this “Agreement”), is between HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (together with its successors and assigns, “Hercules,” and in its capacity as originator, together with its successors and assigns, the “Seller”) and HERCULES CAPITAL FUNDING 2012-1 LLC, a Delaware limited liability company (together with its successors and assigns, the “Trust Depositor”).
INDENTURE by and between HERCULES CAPITAL FUNDING TRUST 2012-1, as the Issuer, and U.S. BANK NATIONAL ASSOCIATION, as the Trustee Dated as of December 19, 2012 Hercules Capital Funding Trust 2012-1 NotesIndenture • December 20th, 2012 • Hercules Technology Growth Capital Inc • New York
THIS INDENTURE, dated as of December 19, 2012 (as amended, modified, restated, supplemented or waived from time to time, this “Indenture”), is by and between HERCULES CAPITAL FUNDING TRUST 2012-1, a Delaware statutory trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“U.S. Bank”) not in its individual capacity, but solely in its capacity as the trustee (together with its successors and assigns, in such capacity, the “Trustee”).
HERCULES CAPITAL FUNDING TRUST 2012-1 NOTES NOTE PURCHASE AGREEMENTNote Purchase Agreement • December 20th, 2012 • Hercules Technology Growth Capital Inc • New York
AMENDED AND RESTATED TRUST AGREEMENT by and between HERCULES CAPITAL FUNDING 2012-1 LLC, as the Trust Depositor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as the Owner Trustee Dated as of December 19, 2012 Hercules Capital Funding Trust 2012-1...Trust Agreement • December 20th, 2012 • Hercules Technology Growth Capital Inc • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Trust Agreement” or this “Agreement”), dated as of December 19, 2012, is between HERCULES CAPITAL FUNDING 2012-1 LLC, a Delaware limited liability company, as trust depositor (the “Trust Depositor”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (in its individual capacity, together with its successors and assigns, the “Trust Company”), as owner trustee (solely in such capacity, the “Owner Trustee”).
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 20th, 2012 • Hercules Technology Growth Capital Inc • California
This Third Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”), is dated as of December 17, 2012 (the “Effective Date”) by and among HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (the “Borrower”), the several financial institutions party to the Loan Agreement (as defined below) as lenders (the “Lenders”), and UNION BANK, N.A., as a Lender and as agent for the Lenders (in such capacity, the “Agent”).
ADMINISTRATION AGREEMENT between HERCULES CAPITAL FUNDING TRUST 2012-1, as Issuer, HERCULES TECHNOLOGY GROWTH CAPITAL, INC., as Administrator WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee and as Trustee Dated as of December 19, 2012Administration Agreement • December 20th, 2012 • Hercules Technology Growth Capital Inc • New York
THIS ADMINISTRATION AGREEMENT (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”) dated as of December 19, 2012, is between HERCULES CAPITAL FUNDING TRUST 2012-1, a Delaware statutory trust (the “Issuer”), HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, as administrator (“Hercules” or the “Administrator”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity but solely as owner trustee (the “Owner Trustee”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned such terms in the Sale and Servicing Agreement dated as of December 19, 2012 (the “Sale and Servicing Agreement”) by and among the Issuer, Hercules, as seller and as servicer, Hercules Capital Funding 2012-1 LLC, as trust depositor (the “Trust Depositor”) and U.S. Bank National Ass
