0001193125-16-651144 Sample Contracts

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 19th, 2016 • Hercules Capital, Inc. • New York

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of July 14, 2016, between and among, on the one hand, the lender identified on the signature page hereof (the “Lender,” which Lender constitutes the “Required Lenders” under the Loan Agreement (as defined below), 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, the “Agent”), and, on the other hand, Hercules Funding III, LLC, a Delaware limited liability company (the “Borrower”).

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