Warrant Participation Agreement Sample Contracts

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SECOND AMENDMENT TO WARRANT PARTICIPATION AGREEMENT (Hercules Funding Trust I)
Warrant Participation Agreement • October 17th, 2006 • Hercules Technology Growth Capital Inc • New York

THIS SECOND AMENDMENT TO WARRANT PARTICIPATION AGREEMENT, dated as of October 16, 2006 (this “Amendment”), is entered into by and between HERCULES TECHNOLOGY GROWTH CAPITAL, INC., (“Hercules”), and CITIGROUP GLOBAL MARKETS REALTY CORP. (“Citigroup”).

WARRANT PARTICIPATION AGREEMENT
Warrant Participation Agreement • October 17th, 2006 • Hercules Technology Growth Capital Inc • New York

THIS WARRANT PARTICIPATION AGREEMENT (this “Agreement”) is made as of the 1 day of August, 2005, by and between Hercules Technology Growth Capital, Inc., a Maryland corporation (“Hercules”) and Citigroup Global Markets Realty Corp., a New York corporation (the “Participant”).

FOURTH AMENDMENT TO WARRANT PARTICIPATION AGREEMENT (Hercules Funding Trust I)
Warrant Participation Agreement • May 15th, 2007 • Hercules Technology Growth Capital Inc • New York

THIS FOURTH AMENDMENT TO THE WARRANT PARTICIPATION AGREEMENT, dated as of May 2, 2007 (this “Amendment”), is entered into in connection with that certain Warranty Agreement, dated as of August 1, 2005, as amended by the First Omnibus Amendment dated as of March 6, 2006, the Second Amendment to Warrant Participation Agreement dated October 16, 2006 and the Second Omnibus Amendment dated as of December 6, 2006 (as further amended, supplemented, restated or replaced from time to time, the “Warrant Participation Agreement”), by and among Hercules Technology Growth Capital, Inc. (together with its successors and assigns, “Hercules”) and Citigroup Global Markets Realty Corp. (together with its successors and assigns, the “Participant”). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Warrant Participation Agreement.

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