0001193125-05-157986 Sample Contracts

INDENTURE between HERCULES FUNDING TRUST I, as Issuer, and U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee Dated as of August 1, 2005 HERCULES FUNDING TRUST I ASSET BACKED NOTES
Indenture • August 5th, 2005 • Hercules Technology Growth Capital Inc • New York

INDENTURE dated as of August 1, 2005 (this “Indenture”), between Hercules Funding Trust I, a Delaware statutory trust, as Issuer (the “Issuer”) and U.S. Bank National Association, a national banking association, as Indenture Trustee (the “Indenture Trustee”).

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LOAN SALE AGREEMENT between HERCULES FUNDING I LLC as Depositor and HERCULES TECHNOLOGY GROWTH CAPITAL, INC. as Originator Dated as of August 1, 2005 HERCULES FUNDING TRUST I ASSET BACKED NOTES
Loan Sale Agreement • August 5th, 2005 • Hercules Technology Growth Capital Inc • New York

LOAN SALE AGREEMENT, dated as of August 1, 2005 (this “Agreement”), between HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (the “Originator”), and HERCULES FUNDING I LLC, a Delaware limited liability company (the “Depositor”).

NOTE PURCHASE AGREEMENT among HERCULES FUNDING TRUST I, as Issuer HERCULES FUNDING I LLC, as Depositor HERCULES TECHNOLOGY GROWTH CAPITAL, INC., as Originator and CITIGROUP GLOBAL MARKETS REALTY CORP., as Purchaser Dated as of August 1, 2005 ASSET...
Note Purchase Agreement • August 5th, 2005 • Hercules Technology Growth Capital Inc • New York

NOTE PURCHASE AGREEMENT dated as of August 1 (as amended, supplemented and otherwise modified from time to time, the “Note Purchase Agreement”), among Hercules Funding Trust I (the “Issuer”), Hercules Funding I LLC (the “Depositor”), Hercules Technology Growth Capital, Inc. (“Hercules”) and Citigroup Global Markets Realty Corp. (“Citigroup,” and, together with its permitted successors and assigns in its capacity as Purchaser hereunder, the “Purchaser”).

SALE AND SERVICING AGREEMENT among HERCULES FUNDING TRUST I, as Issuer and HERCULES FUNDING I LLC, as Depositor and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., as Originator and Servicer and U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee and...
Sale and Servicing Agreement • August 5th, 2005 • Hercules Technology Growth Capital Inc • New York

This Sale and Servicing Agreement is entered into as of August 1, 2005, among Hercules Funding Trust I, a Delaware statutory trust, as Issuer (in such capacity, the “Issuer”), Hercules Funding I LLC, a Delaware limited liability company, as Depositor (in such capacity, the “Depositor”), Hercules Technology Growth Capital, Inc., a Maryland corporation (“Hercules”), as Originator (in such capacity, the “Originator”) and as Servicer (in such capacity, the “Servicer”) and U.S. Bank National Association, a national banking association, as Indenture Trustee (in such capacity, the “Indenture Trustee”) and as Collateral Custodian (in such capacity, the “Collateral Custodian”), and Lyon Financial Services, Inc., a Minnesota corporation, doing business as U.S. Bank Portfolio Services, Inc., as Backup Servicer (in such capacity, the “Backup Servicer”).

FIRST AMENDMENT TO CREDIT AGREEMENT AND PLEDGE AND SECURITY AGREEMENT
Credit Agreement and Pledge and Security Agreement • August 5th, 2005 • Hercules Technology Growth Capital Inc • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND PLEDGE AND SECURITY AGREEMENT (this “Amendment”) is entered into as of August 1, 2005 by and among HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (the “Company”), ALCMENE FUNDING, L.L.C., as a Lender and as Administrative Agent (the “Administrative Agent”) for the “Lenders” party from time to time to the Credit Agreement referred to below, and such Lenders.

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