SALE AND SERVICING AGREEMENT by and among HERCULES CAPITAL FUNDING TRUST 2019-1, as the Issuer, HERCULES CAPITAL FUNDING 2019-1 LLC, as the Trust Depositor, HERCULES CAPITAL, INC. as the Seller and as the Servicer, and U.S. BANK NATIONAL ASSOCIATION,...Sale and Servicing Agreement • January 22nd, 2019 • Hercules Capital, Inc. • New York
WHEREAS, the Trust Depositor acquired the Initial Loans from the Seller and may acquire from time to time thereafter certain Additional Loans and Substitute Loans;
SALE AND CONTRIBUTION AGREEMENT by and between HERCULES CAPITAL, INC., as the Seller and HERCULES CAPITAL FUNDING 2019-1 LLC, as the Trust Depositor Dated as of January 22, 2019Sale and Contribution Agreement • January 22nd, 2019 • Hercules Capital, Inc. • New York
THIS SALE AND CONTRIBUTION AGREEMENT, dated as of January 22, 2019 (as amended, modified, restated, waived, or supplemented from time to time, this “Agreement”), is between HERCULES CAPITAL, INC., a Maryland corporation (together with its successors and assigns, “Hercules,” and in its capacity as originator, together with its successors and assigns, the “Seller”) and HERCULES CAPITAL FUNDING 2019-1 LLC, a Delaware limited liability company (together with its successors and assigns, the “Trust Depositor”).
AMENDED AND RESTATED TRUST AGREEMENT by and between HERCULES CAPITAL FUNDING 2019-1 LLC, as the Trust Depositor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as the Owner Trustee Dated as of January 22, 2019Trust Agreement • January 22nd, 2019 • Hercules Capital, Inc. • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Trust Agreement” or this “Agreement”), dated as of January 22, 2019, is between HERCULES CAPITAL FUNDING 2019-1 LLC, a Delaware limited liability company, as trust depositor (the “Trust Depositor”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (in its individual capacity, together with its successors and assigns, the “Trust Company”), as owner trustee (solely in such capacity, the “Owner Trustee”).
ADMINISTRATION AGREEMENT between HERCULES CAPITAL FUNDING TRUST 2019-1, as Issuer, HERCULES CAPITAL, INC., as Administrator WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee and Dated as of January 22, 2019Administration Agreement • January 22nd, 2019 • Hercules Capital, Inc. • New York
THIS ADMINISTRATION AGREEMENT (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”) dated as of January 22, 2019, is between HERCULES CAPITAL FUNDING TRUST 2019-1, a Delaware statutory trust (the “Issuer”), HERCULES CAPITAL, INC., a Maryland corporation, as administrator (“Hercules” or the “Administrator”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity but solely as owner trustee (the “Owner Trustee”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned such terms in the Sale and Servicing Agreement dated as of January 22, 2019 (the “Sale and Servicing Agreement”) by and among the Issuer, Hercules, as seller and as servicer, Hercules Capital Funding 2019-1 LLC, as trust depositor (the “Trust Depositor”) and U.S. Bank National Association, as the tru
NOTE PURCHASE AGREEMENTNote Purchase Agreement • January 22nd, 2019 • Hercules Capital, Inc. • New York
INDENTUREIndenture • January 22nd, 2019 • Hercules Capital, Inc. • New York
THIS INDENTURE, dated as of January 22, 2019 (as amended, modified, restated, supplemented or waived from time to time, this “Indenture”), is by and between HERCULES CAPITAL FUNDING TRUST 2019-1, a Delaware statutory trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“U.S. Bank”) not in its individual capacity, but solely in its capacity as the trustee (together with its successors and assigns, in such capacity, the “Trustee”).
