0001193125-17-002941 Sample Contracts

Hercules Letterhead] Hercules Capital, Inc. Amended and Restated 2004 Equity Incentive Plan Restricted Stock Unit Award Agreement

Restricted Stock Unit Award Agreement • January 5th, 2017 • Hercules Capital, Inc.

• Contract Type
  Restricted Stock Unit Award Agreement
• Filed
  January 5th, 2017
• Company
  Hercules Capital, Inc.

The undersigned (i) acknowledges receipt of an award (the “Award”) of restricted stock units from Hercules Capital, Inc. (the “Company”) under the Amended and Restated 2004 Equity Incentive Plan (the “Plan”), subject to the terms set forth below and in the Plan; (ii) further acknowledges receipt of a copy of the Plan as in effect on the date hereof and the currently effective prospectus relating to such Plan; and (iii) agrees with the Company as follows:

Hercules Letterhead] Hercules Capital, Inc. Amended and Restated 2004 Equity Incentive Plan Performance Restricted Stock Unit Award Agreement

Performance Restricted Stock Unit Award Agreement • January 5th, 2017 • Hercules Capital, Inc.

• Contract Type
  Performance Restricted Stock Unit Award Agreement
• Filed
  January 5th, 2017
• Company
  Hercules Capital, Inc.

The undersigned (i) acknowledges receipt of an award (the “Award”) of performance restricted stock units from Hercules Capital, Inc. (the “Company”) under the Amended and Restated 2004 Equity Incentive Plan (the “Plan”), subject to the terms set forth below and in the Plan; (ii) further acknowledges receipt of a copy of the Plan as in effect on the date hereof and the currently effective prospectus relating to such Plan; and (iii) agrees with the Company as follows: