Annual report
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( Mark One ) 冈 ☐ UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 FORM 10 - K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31 , 2020 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File No. 814-00702 HERCULES CAPITAL , INC . ( Exact name of Registrant as specified in its charter ) Maryland ( State or other jurisdiction of incorporation or organization ) 400 Hamilton Avenue , Suite 310 Palo Alto , California 94301 ( Address of principal executive offices ) ( 650 ) 289-3060 ( Registrant's telephone number , including area code ) Securities registered pursuant to Section 12 ( b ) of the Act : 74-3113410 ( I.R.S. Employer Identification Number ) Title of each class Common Shares , par value $ 0.001 per share 5.25 % Notes due 2025 6.25 % Notes due 2033 Trading Symbol ( s ) HTGC HCXZ HCXY Name of each exchange on which registered New York Stock Exchange New York Stock Exchange New York Stock Exchange Yes ☑No ☐ Securities registered pursuant to Section 12 ( g ) of the Act : None Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15 ( d ) of the Act . Yes ☐ No ☑ Indicate by check mark whether the registrant ( 1 ) has filed all reports required to be filed by Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the registrant was required to file such reports ) , and ( 2 ) has been subject to such filing requirements for the past 90 days : Yes ☑ No ☐ Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S - T ( § 232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit such files ) . Yes ☐ No ☐ Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , a smaller reporting company , or an emerging growth company . See the definitions of " large accelerated filer " , " accelerated filer " , " smaller reporting company " , and " emerging growth company " in Rule 12b - 2 of the Exchange Act . Large accelerated filer ☑ Accelerated filer ☐ Non - accelerated filer ☐ Smaller reporting company ☐ Emerging growth company ☐ If an emerging growth company , indicate by check mark if the registrant has elected not to use the extended transition period for complying with a new or revised financial accounting standards provided pursuant to Section 13 ( a ) of the Exchange Act . ☐ Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report . ☑ Indicate by check mark whether the registrant is a shell company ( as defined in Rule 12b - 2 of the Act ) . Yes ☐ No ☑ The aggregate market value of the voting and non - voting common stock held by non - affiliates of the registrant as of the last business day of the registrant's most recently completed second fiscal quarter was approximately $ 1.2 billion based upon a closing price of $ 10.47 reported for such date on the New York Stock Exchange . Common shares held by each executive officer and director and by each person who owns 5 % or more of the outstanding common shares have been excluded in that such persons may be deemed to be affiliates . This determination of affiliate status is not intended and shall not be deemed to be an admission that , such persons are affiliates of the Registrant . On February 16 , 2021 , there were 115,436,988 shares outstanding of the registrant's common stock , $ 0.001 par value . DOCUMENTS INCORPORATED BY REFERENCE Documents incorporated by reference : Portions of the registrant's Proxy Statement for its 2021 Annual Meeting of Shareholders to be filed within 120 days after the close of the registrant's year end are incorporated by reference into Part III of this Annual Report on Form 10 - K .