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HERCULES CAPITAL, INC. (HTGC) Material Contracts

HERCULES CAPITAL, INC. Material Contracts

Every material contract the company filed as Exhibit 10 (executive pay plans, credit agreements, supplier and indemnity agreements), newest first, with the filing's own description.

  • 2025-06-16: Form 8-K; Exhibit 10.1; Description Fourth Amendment to Loan and Security Agreement, dated as of June 10, 2025, among Hercules Funding IV LLC, as borrower, the lenders from time to time party thereto, and MUFG Bank, Ltd., as agent, a joint lead arranger, swingline lender and sole bookrunner.
  • 2025-02-05: Form 8-K; Exhibit 10.1; Description Third Amendment to Letter of Credit Facility Agreement, dated as of February 5, 2025, between Hercules Capital, Inc. and Sumitomo Mitsui Banking Corporation, as issuing bank..
  • 2024-12-12: Form 8-K; Exhibit 10.1; Description Form of Equity Distribution Agreement.
  • 2024-08-01: Form 10-Q; Exhibit 10.2; Description Fourth Amendment to Revolving Credit Agreement, dated of June 28, 2024, among Hercules Capital Inc., the lenders party thereto and Sumitomo Mitsui Banking Corporation, as administrative agent..
FiledFormExhibitDescription
2025-06-168-K10.1Fourth Amendment to Loan and Security Agreement, dated as of June 10, 2025, among Hercules Funding IV LLC, as borrower, the lenders from time to time party thereto, and MUFG Bank, Ltd., as agent, a joint lead arranger, swingline lender and sole bookrunner
2025-02-058-K10.1Third Amendment to Letter of Credit Facility Agreement, dated as of February 5, 2025, between Hercules Capital, Inc. and Sumitomo Mitsui Banking Corporation, as issuing bank.
2024-12-128-K10.1Form of Equity Distribution Agreement
2024-08-0110-Q10.2Fourth Amendment to Revolving Credit Agreement, dated of June 28, 2024, among Hercules Capital Inc., the lenders party thereto and Sumitomo Mitsui Banking Corporation, as administrative agent.
2024-08-0110-Q10.1Second Amendment to Letter of Credit Facility Agreement, dated as of June 28, 2024, between Hercules Capital, Inc. and Sumitomo Mitsui Banking Corporation, as issuing bank.
2023-05-058-K10.1Form of Equity Distribution Agreement
2023-05-0410-Q10.6First Amendment to Letter of Credit Facility, dated as of March 21, 2023, among Hercules Capital, Inc. and Sumitomo Mitsui Banking Corporation
2023-02-1610-K10Letter of Credit Facility Agreement, dated as of January 13, 2023, between Hercules Capital, Inc. and Sumitomo Mitsui Banking Corporation, as issuing bank.
2023-02-1610-K10First Omnibus Amendment to Revolving Credit Agreement and Guarantee and Security Agreement, dated as of January 13, 2023, among Hercules Capital, Inc., the lenders party thereto and Sumitomo Mitsui Banking Corporation, as administrative agent and collateral agent.
2023-02-1610-K10Third Amendment to Loan and Security Agreement, dated as of January 13, 2023, among Hercules Funding IV LLC, as borrower, the lenders from time to time party thereto, and MUFG Bank, Ltd., as agent, a joint lead arranger, swingline lender and sole bookrunner.
2023-02-1610-K10First Amendment to Sale and Servicing Agreement, dated as of January 13, 2023, among Hercules Funding IV LLC, as borrower, Hercules Capital, Inc., as originator and servicer, and MUFG Bank, Ltd., as agent.
2023-02-1610-K10Form of Long-Term Restricted Stock Unit.
2022-11-0210-Q10.2Transfer Agency and Service Agreement, dated October 3, 2022, between Hercules Capital, Inc. and Computershare Trust Company, N.A. and Computershare Inc.
2022-11-0210-Q10.1Form of Dividend Reinvestment Plan, dated September 22, 2022
2022-07-2810-Q10.7Second Supplement to the Note Purchase Agreement, dated as of June 23, 2022, by and among Hercules Capital, Inc. and the Additional Purchasers party thereto.
2022-07-2810-Q10.6Administration Agreement, dated June 22, 2022, by and among Hercules Capital, Inc., as Administrator, Hercules Capital Funding Trust 2022-1, as Issuer, Wilmington Trust National Association, as Owner Trustee, and U.S. Bank Trust Company, National Association, as Trustee.
2022-07-2810-Q10.5Note Purchase Agreement, dated as of June 22, 2022, by and among Hercules Capital, Inc., as Originator and Servicer, Hercules Capital Funding 2022-1 LLC, as Trust Depositor, Hercules Capital Funding Trust 2022-1, as Issuer, and American Family Life Assurance Company of Columbus, Allianz Life Insurance Company of North America, Compsource Mutual Insurance Company, The Lincoln National Life Insurance Company, Massachusetts Mutual Life Insurance Company, Great American Life Insurance Company, and Fidelity & Guaranty Life Insurance Company, as Purchasers.
2022-07-2810-Q10.4Sale and Contribution Agreement, dated as of June 22, 2022, between Hercules Capital, Inc., as Seller, and Hercules Capital Funding 2022-1 LLC, as Trust Depositor.
2022-07-2810-Q10.3Sale and Servicing Agreement, dated as of June 22, 2022, by and among Hercules Capital Funding Trust 2022-1, as Issuer, Hercules Capital, Inc., as Seller and Servicer, Hercules Capital Funding 2022-1 LLC, as Trust Depositor, U.S. Bank Trust Company, National Association, as Trustee and Securities Intermediary, and U.S. Bank National Association, as Backup Servicer and Custodian.
2022-06-158-K10.2Second Amendment to Loan and Security Agreement, dated as of June 10, 2022, among Hercules Funding IV LLC, the lenders from time to time party thereto, MUFG Union Bank, N.A., as resigning agent, and MUFG Bank, Ltd. (as successor to MUFG Union Bank, N.A.), as administrative agent.
2022-06-158-K10.1Second Amendment to Revolving Credit Agreement, dated as of June 14, 2022, among Hercules Capital, Inc., the lenders party thereto and Sumitomo Mitsui Banking Corporation, as administrative agent.
2022-02-2210-K10.ZZCustodial Agreement by and between Hercules Capital, Inc. and State Street Bank and Trust Company, dated as of November 9, 2021.
2022-02-2210-K10.ZZPDF COURTESY COPY
2021-11-108-K10.1Revolving Credit Agreement, dated as of November 9, 2021, among Hercules Capital, Inc., the lenders and issuing banks from time to time party thereto and Sumitomo Mitsui Banking Corporation, as administrative agent.
2020-11-048-K10.2First Supplement to the Note Purchase Agreement, dated as of November 2, 2020, by and among Hercules Capital, Inc. and the Additional Purchasers party thereto.
2020-02-208-K10.2Sale and Servicing Agreement, dated as of February 20, 2020, by and among Hercules Funding IV LLC, as borrower, Hercules Capital, Inc., as originator and servicer, and MUFG Union Bank, N.A., as agent.
2020-02-208-K10.1Loan and Security Agreement, dated February 20, 2020 by and among Hercules Funding IV LLC, as borrower, MUFG Union Bank, N.A., as the administrative agent, lender and swingline lender and the lenders part thereto from time to time.
2020-02-068-K10.1Note Purchase Agreement, dated February 5, 2020, by and among Hercules Capital, Inc. and the Purchasers party thereto.
2019-10-3010-Q10.5Form of Amended and Restated Global Custody Agreement, by and between Hercules Capital, Inc. and MUFG Union Bank, N.A.
2019-08-0110-Q10.6Separation Agreement, dated as of July 13, 2019, by and between Hercules Capital, Inc. and Manuel Henriquez.
2019-07-168-K10.1Note Purchase Agreement, dated July 16, 2019, by and among Hercules Capital, Inc. and the Purchasers party thereto.
2019-07-038-K10.3Intercreditor Agreement, dated as of July 2, 2019, by and among Wells Fargo Capital Finance, LLC, as arranger and administrative agent, MUFG Union Bank, N.A., as arranger and administrative agent, Hercules Funding II LLC, Hercules Funding IV LLC, Hercules Capital, Inc., and U.S. Bank National Association, as special servicer.
2019-07-038-K10.2Eighth Amendment to Amended and Restated Loan and Security Agreement, dated as of July 2, 2019, by and among Hercules Funding II LLC, as borrower, Wells Fargo Capital Finance, LLC (f/k/a Wells Fargo Foothill, LLC), as the arranger and the administrative agent, and the lenders party thereto from time to time.
2019-07-038-K10.1First Amendment to the Loan and Security Agreement, dated as of June 28, 2019, by and among Hercules Funding IV LLC, as borrower, MUFG Union Bank, N.A., as the arranger and administrative agent, and the lenders party thereto from time to time.
2019-02-218-K10.2Sale and Servicing Agreement, dated as of February 20, 2019, by and among Hercules Funding IV LLC, as borrower, Hercules Capital, Inc., as originator and servicer, and MUFG Union Bank, N.A., as agent.
2019-02-218-K10.1Loan and Security Agreement, dated as of February 20, 2019, by and among Hercules Funding IV LLC, as borrower, MUFG Union Bank, N.A., as the arranger and administrative agent, and the lenders party thereto from time to time.
2019-01-318-K10.7Form of Incentive Stock Option Award Agreement
2019-01-318-K10.6Form of Nonstatutory Stock Option Award Agreement
2019-01-318-K10.5Form of Restricted Stock Award Agreement (Director Plan)
2019-01-318-K10.4Form of Restricted Stock Award Agreement (2018 Equity Incentive Plan)
2019-01-318-K10.3Form of Restricted Stock Unit Award Agreement
2019-01-318-K10.2Hercules Capital, Inc. 2018 Non-Employee Director Plan
2019-01-318-K10.1Hercules Capital, Inc. Amended and Restated 2018 Equity Incentive Plan
2019-01-228-K10.4Administration Agreement, dated January 22, 2019, by and among Hercules Capital, Inc., as Administrator, Hercules Capital Funding Trust 2019-1, as Issuer, Wilmington Trust National Association, as Owner Trustee, and U.S. Bank National Association, as Trustee.
2019-01-228-K10.3Note Purchase Agreement, dated as of January 14, 2019, by and among Hercules Capital, Inc., as Originator and Servicer, Hercules Capital Funding 2019-1 LLC, as Trust Depositor, Hercules Capital Funding Trust 2019-1, as Issuer, and Guggenheim Securities, LLC, as Initial Purchaser.
2019-01-228-K10.2Sale and Contribution Agreement, dated as of January 22, 2019, between Hercules Capital, Inc., as Seller, and Hercules Capital Funding 2019-1 LLC, as Trust Depositor.
2019-01-228-K10.1Sale and Servicing Agreement, dated as of January 22, 2019, by and among Hercules Capital Funding Trust 2019-1, as Issuer, Hercules Capital, Inc., as Seller and Servicer, Hercules Capital Funding 2019-1 LLC, as Trust Depositor, and U.S. Bank National Association, as Trustee, Backup Servicer, Custodian and Securities Intermediary.
2019-01-178-K10.1Seventh Amendment to the Amended and Restated Loan and Security Agreement, dated as of January 11, 2019, by and among Hercules Funding II LLC as borrower, Wells Fargo Capital Finance, LLC (f/k/a Wells Fargo Foothill, LLC), as Administrative Agent, and the Lenders party thereto from time to time.
2018-11-028-K10.4Administration Agreement, dated November 1, 2018, by and among Hercules Capital, Inc., as Administrator, Hercules Capital Funding Trust 2018-1, as Issuer, Wilmington Trust National Association, as Owner Trustee, and U.S. Bank National Association, as Trustee.
2018-11-028-K10.3Note Purchase Agreement, dated as of October 25, 2018, by and among Hercules Capital, Inc., as Originator and Servicer, Hercules Capital Funding 2018-1 LLC, as Trust Depositor, Hercules Capital Funding Trust 2018-1, as Issuer, and Guggenheim Securities, LLC, as Initial Purchaser.
2018-11-028-K10.2Sale and Contribution Agreement, dated as of November 1, 2018, between Hercules Capital, Inc., as Seller, and Hercules Capital Funding 2018-1 LLC, as Trust Depositor.
2018-11-028-K10.1Sale and Servicing Agreement, dated as of November 1, 2018, by and among Hercules Capital Funding Trust 2018-1, as Issuer, Hercules Capital, Inc., as Seller and Servicer, Hercules Capital Funding 2018-1 LLC, as Trust Depositor, and U.S. Bank National Association, as Trustee, Backup Servicer, Custodian and Securities Intermediary.
2018-11-0110-Q10.2Sixth Amendment to the Amended and Restated Loan and Security Agreement, dated as of October 26, 2018, by and among Hercules Funding II LLC as borrower, Wells Fargo Capital Finance, LLC (f/k/a Wells Fargo Foothill, LLC), as Administrative Agent, and the Lenders party thereto from time to time.
2018-11-0110-Q10.1Fifth Amendment to the Amended and Restated Loan and Security Agreement, dated as of July 31, 2018, by and among Hercules Funding II LLC as borrower, Wells Fargo Capital Finance, LLC (f/k/a Wells Fargo Foothill, LLC), as Administrative Agent, and the Lenders party thereto from time to time.
2018-06-018-K10.1Second Amendment to the Loan and Security Agreement, dated as of May 25, 2018, by and among Hercules Funding III, LLC, as borrower, MUFG Union Bank, N.A., as the arranger and administrative agent, and the lenders party thereto.
2018-05-0310-Q10.2Form of Cash Retention Bonus Award Agreement.
2018-05-0310-Q10.1Form of Retention Performance Stock Unit Award Agreement.
2017-11-028-K10.1Separation Agreement, dated as of November 2, 2017, by and between Hercules Capital, Inc. and Mark Harris.
2017-11-028-K10.1Asset Purchase Agreement, dated as of November 1, 2017 by and between Ares Capital Corporation, a Maryland corporation and, together with each Seller Designee permitted pursuant to the Agreement, and Bearcub Acquisitions LLC, a Delaware limited liability company.
2017-10-268-K10.3Retention Agreement, dated as of October 26, 2017, by and between Hercules Capital, Inc. and Scott Bluestein.
2017-10-268-K10.2Retention Agreement, dated as of October 26, 2017, by and between Hercules Capital, Inc. and Mark Harris.
2017-10-268-K10.1Retention Agreement, dated as of October 26, 2017, by and between Hercules Capital, Inc. and Manual Henriquez.
2017-04-078-K10.1Fourth Amendment to the Amended and Restated Loan and Security Agreement, dated as of April 3, 2017, by and among Hercules Funding II LLC as borrower, Wells Fargo Capital Finance, LLC (f/k/a Wells Fargo Foothill, LLC), as Administrative Agent, and the Lenders party thereto from time to time.
2017-01-058-K10.3Form of Performance Restricted Stock Unit Award Agreement
2017-01-058-K10.2Form of Restricted Stock Unit Award Agreement
2017-01-058-K10.1Hercules Capital, Inc. Amended and Restated 2004 Equity Incentive Plan
2016-07-228-K10.1Form of Amended and Restated Indemnification Agreement.
2016-07-198-K10.1First Amendment to the Loan and Security Agreement, dated as of July 14, 2016 (effective as of July 18, 2016), by and among Hercules Funding III LLC as borrower, MUFG Union Bank, N.A., as the arranger and administrative agent, and the lenders party thereto.
2016-05-108-K10.2Sale and Servicing Agreement, dated as of May 5, 2016, by and among Hercules Funding III LLC, as borrower, Hercules Capital, Inc., as originator and servicer, and MUFG Union Bank, N.A., as agent.
2016-05-108-K10.1Loan and Security Agreement, dated as of May 5, 2016, by and among Hercules Funding III, LLC, as borrower, MUFG Union Bank, N.A., as the arranger and administrative agent, and the lenders party thereto from time to time.
2016-04-118-K10.1Third Amendment to the Amended and Restated Loan and Security Agreement, dated as of April 7, 2016, by and among Hercules Funding II LLC as borrower, Wells Fargo Capital Finance, LLC (f/k/a Wells Fargo Foothill, LLC), as Administrative Agent, and the Lenders party thereto from time to time.
2016-03-088-K10.1Second Amendment to Amended and Restated Loan and Security Agreement, dated as of March 8, 2016, by and among Hercules Funding II LLC as borrower, the lenders party thereto and Wells Fargo Capital Finance, LLC as a lender and as the arranger and the administrative agent.
2015-12-188-K10.1First Amendment to Amended and Restated Loan and Security Agreement, dated as of December 16, 2015, by and among Hercules Funding II as borrower, the lenders party thereto and Wells Fargo Capital Finance, LLC as a lender and as the arranger and the administrative agent.
2015-11-138-K10.1First Amendment and Waiver to Second Amended and Restated Credit Agreement, dated as of November 3, 2015 by and among Hercules Technology Growth Capital, Inc., MUFG Union Bank, N.A., as administrative agent, and the lenders party thereto.
2015-06-308-K10.2Amended and Restated Sale and Servicing Agreement dated as of June 29, 2015
2015-06-308-K10.1Amended and Restated Loan and Security Agreement dated as of June 29, 2015.
2015-05-0710-Q10.1Seventh Amendment to Loan and Security Agreement by and among Hercules Funding II, LLC and Wells Fargo Capital Finance, LLC (f/k/a Wells Fargo Foothill, LLC), dated as of May 6, 2015.
2014-11-0610-Q10.1Fifth Amendment to Loan and Security Agreement by and among Hercules Funding II LLC and Wells Fargo Capital Finance, LLC (f/k/a Wells Fargo Foothill, LLC), dated as of August 8, 2014.
2014-08-198-K10.1Second Amended and Restated Loan and Security Agreement between the Company and MUFG Union Bank, N.A., dated as of August 14, 2014.
2014-02-2710-K10.XXFourth Amendment to Amended and Restated Loan and Security Agreement by and between Hercules Technology Growth Capital, Inc. and Union Bank, N.A., dated as of December 2, 2013
2014-02-2710-K10.YYFifth Amendment to Amended and Restated Loan and Security Agreement by and between Hercules Technology Growth Capital, Inc. and Union Bank, N.A., dated as of January 31, 2014
2012-12-208-K10.5THIRD AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
2012-12-208-K10.4ADMINISTRATION AGREEMENT
2012-12-208-K10.3NOTE PURCHASE AGREEMENT
2012-12-208-K10.2SALE AND CONTRIBUTION AGREEMENT
2012-12-208-K10.1SALE AND SERVICING AGREEMENT
2012-08-028-K10.1THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT
2012-05-0810-Q10.1FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
2011-11-048-K10.1AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
2011-06-248-K10.2FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
2011-06-248-K10.1SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
2010-02-178-K10.1Loan and Security Agreement, dated February 10, 2010
2009-05-1110-Q10.HHFIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
2009-03-1610-K10.LFORM OF RESTRICTED STOCK AWARD UNDER THE 2004 EQUITY INCENTIVE PLAN
2009-03-1610-K10.GGFORM OF SBA DEBENTURE