THIRD AMENDMENT TO TORTOISE ENERGY CAPITAL CORPORATION COMMON STOCK ($0.001 PAR VALUE)Controlled Equity Offering Sales Agreement • April 19th, 2013 • Tortoise Energy Capital Corp
This THIRD AMENDMENT (the “Amendment”) to the Controlled Equity OfferingSM Sales Agreement dated as of August 3, 2009, as amended by the First Amendment thereto dated as of April 21, 2010 and the Second Amendment thereto dated as of April 21, 2011 (the “Sales Agreement”), is made and entered into effective as of April 19, 2013, by and between Tortoise Energy Capital Corporation, a Maryland corporation (the “Fund”), the Fund’s investment adviser, Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”), and Cantor Fitzgerald & Co. (“CF&Co.”).
