HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated July 2, 2020Equity Distribution Agreement • July 2nd, 2020 • 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 16,500,000 shares (the “Maximum Amount”) 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, September 8, 2017 and May 6, 2019, respectively, between the Company and the Sales Manager, the Company issued and sold 28,485,977 Shares. The parties hereby terminate the Original Agreements and confirm their agreement in the form of this Equity Distribution Agreement (this “Agreement”) as follows:
