EX-10.12
from 8-K
17 pages
This Guaranty and the Rights, Remedies, Representations and Obligations of the Parties Hereto Are Subject to the Terms and Conditions of That Certain Intercreditor Agreement Between Hercules Technology Growth Capital, Inc. and Each of Iroquois Capital LP, Cranshire Capital, L.P., Portside Growth and Opportunity Fund and Rockmore Investment Master Fund Ltd. Dated as of September 28, 2007
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EX-10.5
from 8-K
33 pages
This Instrument and the Rights and Obligations Evidenced Hereby Are Subordinate in the Manner and to the Extent Set Forth in That Certain Intercreditor Agreement (As the Same May Be Amended or Otherwise Modified From Time to Time Pursuant to the Terms Thereof, the “Intercreditor Agreement”), Dated as of September 28, 2007, Among Hercules Technology Growth Capital, Inc. (The “Lender”) and Each of Iroquois Capital LP, Cranshire Capital, L.P., Portside Growth and Opportunity Fund and Rockmore Investment Master Fund Ltd (The “Subordinated Creditors”). Each Holder of This Instrument, by Its Acceptance Hereof, Irrevocably Agrees to Be Bound by the Provisions of the Intercreditor Agreement Applicable to a “Subordinated Creditor” (As Such Term Is Defined in the Intercreditor Agreement), as if Such Holder Were an Original Signatory Thereto as a Subordinated Creditor for All Purposes of the Intercreditor Agreement. Original Issue Date: October 25, 2004 Original Conversion Price (Subject to Adjustment Herein): $2.29 [Note: Conversion Price Reduced to $1.15 Per Antidilution Provisions as a Result of the September 30, 2006 Preferred Stock Financing.]
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