Execution Version
Exhibit 10(qq)
FIRST AMENDMENT
TO
SALE AND SERVICING AGREEMENT
This FIRST AMENDMENT TO SALE AND SERVICING AGREEMENT (this “Amendment”) is entered into as of January 13, 2023, by and among HERCULES FUNDING IV LLC, a Delaware limited liability company (“Borrower”), HERCULES CAPITAL, INC., a Maryland corporation (“Hercules”), as Originator (in such capacity, “Originator”) and as initial Servicer (in such capacity, “Servicer”) 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 Agent for the Lenders under the Loan Agreement (as hereinafter defined), with reference to the following facts, which shall be construed as part of this Amendment:
RECITALS
WEST\301049569.5
AGREEMENT
NOW, THEREFORE, in consideration of the continued performance by Borrower, Originator and Servicer of their respective promises and obligations under the Sale and Servicing Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Originator, Servicer and Agent hereby agree as follows:
2
WEST\301049569.5
3
WEST\301049569.5
[Remainder of page intentionally left blank with signature pages immediately to follow]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Sale and Servicing Agreement as of the day and year first above written.
HERCULES FUNDING IV LLC, as Borrower
By
Name:
Title:
4
WEST\301049569.5
HERCULES CAPITAL, INC., as Originator and Servicer
By
Name:
Title:
5
WEST\301049569.5
MUFG BANK, LTD., as Agent
By
Name:
Title:
ANNEX A
SALE AND SERVICING AGREEMENT
6
WEST\301049569.5