75,000,000 Aggregate Principal Amount 5.25% Notes Due 2025 Hercules Capital, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • April 26th, 2018 • Hercules Capital, Inc. • New York
Hercules Capital, Inc., a Maryland corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule A hereto (each, an “Underwriter” and, collectively the “Underwriters”), for whom Keefe, Bruyette & Woods, Inc., Morgan Stanley & Co. LLC and Wells Fargo Securities, LLC are acting as the representatives (in such capacity, the “Representatives”) $75,000,000 aggregate principal amount of 5.25% Notes due 2025 (the “Firm Securities”) of the Company set forth in Schedule A hereto.
FIFTH SUPPLEMENTAL INDENTURE between HERCULES CAPITAL, INC. and as Trustee Dated as of April 26, 2018 FIFTH SUPPLEMENTAL INDENTURESupplemental Indenture • April 26th, 2018 • Hercules Capital, Inc. • New York
THIS FIFTH SUPPLEMENTAL INDENTURE (this “Fifth Supplemental Indenture”), dated as of April 26, 2018, is between Hercules Capital, Inc., a Maryland corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below).
