SALE AND SERVICING AGREEMENT Among HERCULES FUNDING III, LLC, as Borrower And HERCULES CAPITAL, INC., as Originator and Servicer and MUFG UNION BANK, N.A., as Agent Dated as of May 5, 2016Sale and Servicing Agreement • May 10th, 2016 • Hercules Capital, Inc. • New York
This Sale and Servicing Agreement is entered into as of May 5, 2016, among Hercules Funding III, LLC, a Delaware limited liability company, as Borrower (in such capacity, the “Borrower”), Hercules Capital, Inc., a Maryland corporation (“Hercules”), as Originator (in such capacity, the “Originator”) and as Servicer (in such capacity, the “Servicer”), and MUFG Union Bank, N.A., formerly known as Union Bank, N.A., as Agent for Lenders under the Loan Agreement (as hereinafter defined) (in such capacity, the “Agent”).
LOAN AND SECURITY AGREEMENT by and among HERCULES FUNDING III, LLC as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and MUFG UNION BANK, N.A. as the Arranger and Administrative Agent,Loan and Security Agreement • May 10th, 2016 • Hercules Capital, Inc. • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of May 5, 2016, between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, and such other lenders as may become a party hereto in accordance with the terms hereof, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), MUFG UNION BANK, N.A., formerly known as Union Bank, N.A., as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), and, on the other hand, HERCULES FUNDING III, LLC, a Delaware limited liability company (“Borrower”).
