SALE AND SERVICING AGREEMENT Among HERCULES FUNDING IV LLC, as Borrower And HERCULES CAPITAL, INC., as Originator and Servicer and MUFG UNION BANK, N.A., as Agent Dated as of February 20, 2020Sale and Servicing Agreement • February 20th, 2020 • Hercules Capital, Inc. • New York
This Sale and Servicing Agreement is entered into as of February 20, 2020, among Hercules Funding IV LLC, a Delaware limited liability company, as Borrower (in such capacity, the “Borrower”), Hercules Capital, Inc., a Maryland corporation (“Hercules”), as Originator (in such capacity, the “Originator”) and as Servicer (in such capacity, the “Servicer”), and MUFG Union Bank, N.A., as Agent for Lenders under the Loan Agreement (as hereinafter defined) (in such capacity, the “Agent”).
LOAN AND SECURITY AGREEMENT by and among HERCULES FUNDING IV LLC as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as Lenders, and MUFG UNION BANK, N.A. as the Administrative Agent, a Lender, Swingline Lender, Joint Lead Arranger and Sole...Loan and Security Agreement • February 20th, 2020 • Hercules Capital, Inc. • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of February 20, 2020, between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, and such other lenders as may become a party hereto in accordance with the terms hereof, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), MUFG UNION BANK, N.A., as the administrative agent for Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), as Swingline Lender (as defined below), as Joint Lead Arranger and as Sole Bookrunner, and, on the other hand, HERCULES FUNDING IV LLC, a Delaware limited liability company (“Borrower”). CNB, Goldman and Umpqua (each as defined below) have each been given the titles of Joint Lead Arranger.
