HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated May 6, 2019Equity Distribution Agreement • May 6th, 2019 • Hercules Capital, Inc. • New York
Hercules Capital, Inc., a Maryland corporation (the “Company”), proposes to issue and sell through JMP Securities LLC, acting as agent and/or principal (the “Sales Manager”), up to 12,000,000 shares of common stock (the “Shares”), par value $0.001 per share (the “Common Stock”), of the Company. Pursuant to the prior equity distribution agreements (the “Original Agreements”), dated August 16, 2013, March 7, 2016, August 26, 2016, December 21, 2016 and September 8, 2017, respectively, between the Company and the Sales Manager, the Company issued and sold 18,647,378 Shares. The parties hereby terminate the Original Agreements and confirm their agreement in the form of this Equity Distribution Agreement (this “Agreement”) as follows:
