SALE AND SERVICING AGREEMENT by and among HERCULES CAPITAL FUNDING TRUST 2018-1, as the Issuer, HERCULES CAPITAL FUNDING 2018-1 LLC, as the Trust Depositor, HERCULES CAPITAL, INC. as the Seller and as the Servicer, and U.S. BANK NATIONAL ASSOCIATION,...Sale and Servicing Agreement • November 2nd, 2018 • Hercules Capital, Inc. • New York
WHEREAS, the Trust Depositor acquired the Initial Loans from the Seller and may acquire from time to time thereafter certain Additional Loans and Substitute Loans;
SALE AND CONTRIBUTION AGREEMENT by and between HERCULES CAPITAL, INC., as the Seller and HERCULES CAPITAL FUNDING 2018-1 LLC, as the Trust Depositor Dated as of November 1, 2018 Hercules Capital Funding Trust 2018-1 Asset-Backed NotesSale and Contribution Agreement • November 2nd, 2018 • Hercules Capital, Inc. • New York
THIS SALE AND CONTRIBUTION AGREEMENT, dated as of November 1, 2018 (as amended, modified, restated, waived, or supplemented from time to time, this “Agreement”), is between HERCULES CAPITAL, INC., a Maryland corporation (together with its successors and assigns, “Hercules,” and in its capacity as originator, together with its successors and assigns, the “Seller”) and HERCULES CAPITAL FUNDING 2018-1 LLC, a Delaware limited liability company (together with its successors and assigns, the “Trust Depositor”).
INDENTURE by and between HERCULES CAPITAL FUNDING TRUST 2018-1, as the Issuer, and U.S. BANK NATIONAL ASSOCIATION, as the Trustee Dated as of November 1, 2018 Hercules Capital Funding Trust 2018-1 NotesIndenture • November 2nd, 2018 • Hercules Capital, Inc. • New York
THIS INDENTURE, dated as of November 1, 2018 (as amended, modified, restated, supplemented or waived from time to time, this “Indenture”), is by and between HERCULES CAPITAL FUNDING TRUST 2018-1, a Delaware statutory trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“U.S. Bank”) not in its individual capacity, but solely in its capacity as the trustee (together with its successors and assigns, in such capacity, the “Trustee”).
HERCULES CAPITAL FUNDING TRUST 2018-1 NOTES NOTE PURCHASE AGREEMENTNote Purchase Agreement • November 2nd, 2018 • Hercules Capital, Inc. • New York
ADMINISTRATION AGREEMENT between HERCULES CAPITAL FUNDING TRUST 2018-1, as Issuer, HERCULES CAPITAL, INC., as Administrator WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee and as Trustee Dated as of November 1, 2018Administration Agreement • November 2nd, 2018 • Hercules Capital, Inc. • New York
THIS ADMINISTRATION AGREEMENT (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”) dated as of November 1, 2018, is between HERCULES CAPITAL FUNDING TRUST 2018-1, a Delaware statutory trust (the “Issuer”), HERCULES CAPITAL, INC., a Maryland corporation, as administrator (“Hercules” or the “Administrator”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity but solely as owner trustee (the “Owner Trustee”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned such terms in the Sale and Servicing Agreement dated as of November 1, 2018 (the “Sale and Servicing Agreement”) by and among the Issuer, Hercules, as seller and as servicer, Hercules Capital Funding 2018-1 LLC, as trust depositor (the “Trust Depositor”) and U.S. Bank National Association, as the tru
AMENDED AND RESTATED TRUST AGREEMENT by and between HERCULES CAPITAL FUNDING 2018-1 LLC, as the Trust Depositor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as the Owner Trustee Dated as of November 1, 2018 Hercules Capital Funding Trust 2018-1...Trust Agreement • November 2nd, 2018 • Hercules Capital, Inc. • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Trust Agreement” or this “Agreement”), dated as of November 1, 2018, is between HERCULES CAPITAL FUNDING 2018-1 LLC, a Delaware limited liability company, as trust depositor (the “Trust Depositor”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (in its individual capacity, together with its successors and assigns, the “Trust Company”), as owner trustee (solely in such capacity, the “Owner Trustee”).
