ADDENDUM TO STOCK TRANSFER AGENCY AGREEMENT between TORTOISE ENERGY CAPITAL CORPORATION and COMPUTERSHARE INVESTOR SERVICES, LLCStock Transfer Agency Agreement • April 21st, 2011 • Tortoise Energy Capital Corp
This Addendum to the Stock Transfer Agency Agreement is by and between Computershare Investor Services, LLC (“Computershare”), (the “Transfer Agent”) and Tortoise Energy Capital Corporation (the “Company”), and amends that certain form of agreement entitled Stock Transfer Agency Agreement (the “Agreement”) by and between the Company and the Transfer Agent executed on May 10, 2005 (“Effective Date”), This Addendum is an integral part of the Agreement. Except as to those portions of the Agreement which are modified by this Addendum, the terms and conditions of the Agreement shall continue in full force and effect.
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 21st, 2011 • Tortoise Energy Capital Corp
This Seventh Amendment to Credit Agreement (the “Amendment”) is made as of March 9, 2011, by and among TORTOISE ENERGY CAPITAL CORPORATION, a Maryland corporation (the “Borrower”); U.S. BANK NATIONAL ASSOCIATION, a national banking association, and BANK OF AMERICA, N.A. (each a “Bank” and, collectively, the “Banks”); and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as the lender for Swingline Loans (in such capacity, the “Swingline Lender”), as agent for the Banks hereunder (in such capacity, the “Agent”), and as lead arranger hereunder (in such capacity, the “Lead Arranger”). Capitalized terms used and not defined in this Amendment have the meanings given to them in the Credit Agreement referred to below.
SECOND AMENDMENT TO TORTOISE ENERGY CAPITAL CORPORATION COMMON STOCK ($0.001 PAR VALUE) CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • April 21st, 2011 • Tortoise Energy Capital Corp
This SECOND AMENDMENT (the “Amendment”) to the Controlled Equity OfferingSM Sales Agreement dated as of August 3, 2009, as amended by the First Amendment thereto dated as of April 21, 2010 (the “Sales Agreement”), is made and entered into effective as of April 21, 2011, by and between Tortoise Energy Capital Corporation, a Maryland corporation (the “Fund”), the Fund’s investment adviser, Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”), and Cantor Fitzgerald & Co. (“CF&Co.”).
TORTOISE ENERGY CAPITAL CORPORATION SECOND AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENTAdministration Servicing Agreement • April 21st, 2011 • Tortoise Energy Capital Corp
THIS SECOND AMENDMENT dated as of the 24th day of May, 2010, to the Fund Administration Servicing Agreement, effective as of May 31, 2005, as amended October 24, 2007 (the “Agreement”), is entered into by and between TORTOISE ENERGY CAPITAL CORPORATION, a Maryland corporation (the “Company” or “Fund”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
