HERCULES CAPITAL, INC. : Termination of an important definitive agreement (form 8-K)

Article 1.02. Termination of an important definitive agreement.

At November 29, 2021, in accordance with a signed reimbursement letter November 29, 2021, the Company has voluntarily prepaid all amounts outstanding under this Amended and Restated Loan and Guarantee Agreement, dated June 29, 2015, among Hercules Funding II LLC, a Delaware limited liability company (“Borrower”), the lenders who are signatories to it (the “Lenders”), and
Wells Fargo Capital Finance, LLC, as Administrative Agent of the Lenders (in that capacity, “Agent”), and as Arranger (as amended, restated, supplemented or otherwise amended from time to time, the “Loan Agreement”) under of which no loans and about $ 0.1 million in fees and expenses were unpaid. In connection with this repayment, all of the Company’s obligations under the Loan Agreement and all related documents have been paid and discharged in full, all unfunded commitments by the lenders hereunder to make Extensions of credit or other financial arrangements under the Loan Agreement have been terminated, and all collateral and other privileges granted by the Company to such lenders to secure the Company’s obligations under the Loan Agreement have been terminated. been terminated and discharged (except with respect to customary arrangements and agreements which are expressly specified to survive termination and the remaining letters of credit which have been guaranteed for cash in accordance with the terms of the loan agreement). The foregoing description of the loan agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the loan agreement, an integrated copy of which is filed, as Exhibit 10.1 of the current report of the Loan Agreement. company on Form 8- K filed on June 30, 2015
and incorporated herein by reference.

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