FORM OF UNDERWRITING AGREEMENT] Harvest Capital Credit CorporationUnderwriting Agreement • August 21st, 2017 • Harvest Capital Credit Corp • New York
Harvest Capital Credit Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (in such capacity, the “Representative”) $25,000,000 aggregate principal amount of ____% Notes due 2022 of the Company (the “Initial Notes”) set forth in Schedule I hereto. The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Initial Notes, at the option of the Underwriters, up to an additional $3,750,000 aggregate principal amount of _____% Notes due 2022 of the Company (the “Option Notes”). The Initial Notes and the Option Notes are hereinafter referred to collectively as the “Notes.”
LIMITED WAIVER AND CONSENT TO Loan and Security AgreementLoan and Security Agreement • August 21st, 2017 • Harvest Capital Credit Corp • New York
THIS LIMTIED WAIVER AND CONSENT to Loan and Security Agreement, dated as of August 18, 2017 (this “Waiver”), is entered into by and among HARVEST CAPITAL CREDIT CORPORATION, a Delaware corporation (“Harvest”), HCAP EQUITY HOLDINGS, LLC, a Delaware limited liability company (“Attached Equity Holder” herein, and together with Harvest, each individually and collectively, jointly and severally, the “Borrower”), each of the undersigned Lenders, and PACIFIC WESTERN BANK (successor-by-merger to CapitalSource Bank), a California state-chartered bank and, as administrative, payment and collateral agent for itself, as a Lender, and for the other Lenders (together with its successors and assigns in such capacities, “Agent”).
