0000950123-09-028670 Sample Contracts

TORTOISE ENERGY CAPITAL CORPORATION COMMON STOCK ($0.001 PAR VALUE) CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT August 3, 2009
Sales Agreement • August 3rd, 2009 • Tortoise Energy Capital Corp • New York

Tortoise Energy Capital Corporation, a Maryland corporation (the “Fund”), and the Fund’s investment adviser, Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”), each confirm their agreement (this “Agreement”) with Cantor Fitzgerald & Co. (“CF&Co” or the “Agent”), as follows:

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TORTOISE ENERGY CAPITAL CORPORATION COMMON STOCK ($0.001 PAR VALUE) EQUITY DISTRIBUTION AGREEMENT August 3, 2009
Equity Distribution Agreement • August 3rd, 2009 • Tortoise Energy Capital Corp • New York

Tortoise Energy Capital Corporation, a Maryland corporation (the “Fund”), and the Fund’s investment adviser, Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”), each confirm their agreement (this “Agreement”) with Stifel, Nicolaus & Company, Incorporated (“Stifel” or the “Agent”), as follows:

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