Execution Version
Exhibit 10(pp)
THIRD AMENDMENT
TO
LOAN AND SECURITY AGREEMENT
This THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of January 13, 2023, by and among HERCULES FUNDING IV LLC, a Delaware limited liability company (“Borrower”), the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), GOLDMAN SACHS BANK USA, as a Lender and a Joint Lead Arranger, UMPQUA BANK, as a Lender and a Documentation Agent, ZIONS BANCORPORATION, N.A., dba California Bank & Trust, as a Lender and a Documentation Agent, and MUFG BANK, LTD. (as successor to MUFG Union Bank, N.A., in accordance with the Agency Assignment Agreement (as defined herein), “MUFG”), as the administrative agent for the Lenders, as a Lender, the Swingline Lender, a Joint Lead Arranger and the Sole Bookrunner, with reference to the following facts, which shall be construed as part of this Amendment:
RECITALS
AGREEMENT
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NOW, THEREFORE, in consideration of the continued performance by Borrower of its promises and obligations under the Loan Agreement and the other Loan Documents, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Lenders and Agent hereby agree as follows:
(b) As of the date hereof, Schedule 5.29 to the Existing Loan Agreement is hereby amended and restated in its entirety as set forth in Annex B attached hereto.
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[Remainder of page intentionally left blank with signature pages immediately to follow]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Loan Agreement as of the day and year first above written.
BORROWER:
HERCULES FUNDING IV LLC,
a Delaware limited liability company, as Borrower
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By
Name:
Title:
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MUFG BANK, LTD.,
as Agent, a Lender, Swingline Lender, a Joint Lead Arranger and Sole Bookrunner
By
Name:
Title:
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GOLDMAN SACHS BANK USA,
as a Lender and a Joint Lead Arranger
By
Name:
Title:
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UMPQUA BANK,
as a Lender and a Documentation Agent
By
Name:
Title:
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ZIONS BANCORPORATION, N.A., dba California Bank & Trust,
as a Lender and Documentation Agent
By
Name:
Title:
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CITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION,
as a Lender
By
Name:
Title:
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MITSUBISHI HC CAPITAL AMERICA, INC.,
as a Lender
By
Name:
Title:
ANNEX A
LOAN AND SECURITY AGREEMENT
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ANNEX B
SCHEDULE 5.29 TO LOAN AGREEMENT
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