OR BEFORE THE
DATE THIS AGREEMENT IS EXECUTED THAT BORROWER MAY NOW OR HEREAFTER HAVE AGAINST
THE RELEASED PARTIES, IF ANY, IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT
OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND THAT ARISE
FROM ANY OF THE LOANS, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THIS
AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS, AND/OR THE NEGOTIATION FOR AND
EXECUTION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR,
CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE
HIGHEST LAWFUL RATE APPLICABLE. BORROWER ACKNOWLEDGES THAT THE FOREGOING RELEASE
IS A MATERIAL INDUCEMENT TO AGENT AND LENDERS' DECISION TO EXTEND TO SUCH CREDIT
PARTY THE FINANCIAL ACCOMMODATIONS HEREUNDER AND HAS BEEN RELIED UPON BY AGENT
IN AGREEING TO MAKE THE LOAN. BORROWER HEREBY FURTHER SPECIFICALLY WAIVES ANY
RIGHTS THAT IT MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE (TO THE
EXTENT APPLICABLE), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR," AND FURTHER WAIVES ANY
SIMILAR RIGHTS UNDER APPLICABLE LAWS.
[Remainder of page intentionally blank; signature pages follow.]
13.
IN WITNESS WHEREOF, the Borrower, Agent and Lenders have executed this Fourth
Amendment to Loan and Security Agreement and Joinder and Limited Waiver and
Consent as of the date first above written.
EXISTING BORROWER:
HARVEST CAPITAL CREDIT CORPORATION,
a Delaware corporation
By:
/s/ Richard P. Buckanavage
Name:
Richard P. Buckanavage
Title:
Chief Executive Officer and President
NEW BORROWER:
HCAP EQUITY HOLDINGS, LLC,
a Delaware limited liability company
By:
Harvest Capital Credit Corporation,
its sole Member
By:
/s/ Richard P. Buckanavage
Name:
Richard P. Buckanavage
Title:
Chief Executive Officer and President
ADMINISTRATIVE AGENT, COLLATERAL AGENT, PAYMENT AGENT AND LENDER:
PACIFIC WESTERN BANK
(successor-by-merger to CapitalSource Bank),
a California state-chartered bank
By:
/s/ David Zimmerman
Name:
David Zimmerman
Title:
Senior Vice President
LENDER:
CITY NATIONAL BANK,
as a Lender
By:
/s/ Eric Lo
Name:
Eric Lo
Title:
Vice President
[Harvest] Fourth Amendment