Debt Distribution Agreement Sample Contracts

Up to $100,000,000 Aggregate Principal Amount of Up to $100,000,000 Aggregate Principal Amount of Up to $100,000,000 Aggregate Principal Amount of AMENDED AND RESTATED DEBT DISTRIBUTION AGREEMENT
Debt Distribution Agreement • February 20th, 2019 • Prospect Capital Corp • New York

Prospect Capital Corporation, a corporation organized under the laws of Maryland (the “Company”), Prospect Capital Management L.P., a Delaware limited partnership registered as an investment adviser (the “Adviser”), Prospect Administration LLC, a Delaware limited liability company (the “Administrator”), and Comerica Securities, Inc. (the “Agent”) previously entered into a Debt Distribution Agreement dated August 31, 2018 (the “Original Agreement”). The parties hereby amend and restate the Original Agreement and the parties hereto collectively confirm their agreement in the form of this Amended and Restated Debt Distribution Agreement (this “Agreement”), which supersedes and replaces the Original Agreement, as follows:

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HERCULES CAPITAL, INC. 6.25% Notes due 2024 DEBT DISTRIBUTION AGREEMENT Dated October 11, 2016
Debt Distribution Agreement • October 14th, 2016 • Hercules Capital, Inc. • New York

Hercules Capital, Inc., a Maryland corporation (the “Company”), proposes to issue and sell through FBR Capital Markets & Co., acting as agent and/or principal (the “Sales Manager”) the Company’s 6.25% Notes due 2024 (the “Placement Securities”), to be issued under an indenture dated as of March 6, 2012 (the “Base Indenture”), among the Company and U.S. Bank National Association (the “Trustee”), as supplemented thereto by the Third Supplemental Indenture thereto dated July 14, 2014 (the “Supplemental Indenture,” together with the Base Indenture, the “Indenture”) (the “Notes”). The Indenture has been qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”). The Company confirms its agreement (this “Agreement”) with the Sales Manager, as follows:

FORM OF DEBT DISTRIBUTION AGREEMENT] SARATOGA INVESTMENT CORP. (a Maryland corporation) 7.5% SENIOR NOTES DUE 2020 DEBT DISTRIBUTION AGREEMENT
Debt Distribution Agreement • May 29th, 2015 • Saratoga Investment Corp. • New York
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