SUCCEEDING DATE WHICH IS A BUSINESS DAY.
WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED UNDER
AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT SHALL
BE DULY HONORED UPON PRESENTATION TO SILICON VALLEY BANK, IF PRESENTED ON OR
BEFORE THE EXPIRATION DATE OF THIS CREDIT.
IF ANY INSTRUCTIONS ACCOMPANYING A DRAWING UNDER THIS LETTER OF CREDIT REQUEST
THAT PAYMENT IS TO BE MADE BY TRANSFER TO YOUR ACCOUNT WITH ANOTHER BANK, WE
WILL ONLY EFFECT SUCH PAYMENT BY FED WIRE TO A U.S. REGULATED BANK, AND WE
AND/OR SUCH OTHER BANK MAY RELY ON AN ACCOUNT NUMBER SPECIFIED IN SUCH
INSTRUCTIONS EVEN IF THE NUMBER IDENTIFIES A PERSON OR ENTITY DIFFERENT FROM THE
INTENDED PAYEE.
EXCEPT AS FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS STANDBY LETTER OF
CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES, INTERNATIONAL CHAMBER
OF COMMERCE, PUBLICATION NO. 590, ("ISP98")
SILICON VALLEY BANK,
(FOR BANK USE ONLY)
(FOR BANK USE ONLY)
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
PAGE 4
LC DRAFT LANGUAGE APPROVED FOR ISSUANCE BY: OREXIGEN THERAPEUTICS, INC.
Client/applicant's Signature(s)
date
(note: an authorized signatory for the client must AFFIX HIS/her signature and
date each page of this DRAFT. it must then be attached to and form part of the
lc application to signify their and beneficiary's agreement to this draft.)
EXHIBIT "G"
TORREY PINES COURT, LA JOLLA
[Orexigen Therapeutics, Inc.]
-4-
THIS DRAFT IS FOR DISCUSSION PURPOSES ONLY.
IT WILL BECOME AN INTEGRAL PART OF AND MUST BE ATTACHED TO
SILICON VALLEY BANK APPLICATION FOR STANDBY LETTER OF CREDIT WHEN APPROVED FOR
ISSUANCE BY
CLIENT/APPLICANT: OREXIGEN THERAPEUTICS, INC.
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SVBSF
(THE LC NUMBER AND THE DATE, THE ISSUANCE DATE, WILL BE INSERTED AT TIME OF
ISSUANCE OF THE LC.)
DATED:
, 20
EXHIBIT "A"
SIGHT DRAFT/BILL OF EXCHANGE
DATE:
REF. NO.
AT SIGHT OF THIS BILL OF EXCHANGE
PAY TO THE ORDER OF
US$
U.S.
DOLLARS
"DRAWN UNDER SILICON VALLEY BANK, SANTA
CLARA, CALIFORNIA, IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER NO. SVBSF______
DATED _________ __, 20___"
TO:
SILICON VALLEY BANK
3003 TASMAN DRIVE
MULLROCK 3
TORREY PINES, LLC
SANTA CLARA, CA 95054
Authorized Signature
GUIDELINES TO PREPARE THE SIGHT DRAFT OR BILL OF EXCHANGE:
1.
DATE
INSERT ISSUANCE DATE OF DRAFT OR BILL OF EXCHANGE.
2.
REF.
NO.
INSERT YOUR REFERENCE NUMBER IF ANY.
3.
PAY TO THE ORDER
OF:
INSERT NAME OF BENEFICIARY
4.
US$
INSERT AMOUNT OF DRAWING IN
NUMERALS/FIGURES.
5.
U.S. DOLLARS
INSERT AMOUNT OF DRAWING IN WORDS.
6.
LETTER OF CREDIT NUMBER
INSERT THE LAST DIGITS OF OUR STANDBY L/C
NUMBER THAT PERTAINS TO THE DRAWING.
7.
DATED
INSERT THE ISSUANCE DATE
OF OUR STANDBY L/C.
NOTE:
BENEFICIARY SHOULD ENDORSE THE BACK OF THE SIGHT DRAFT OR BILL OF
EXCHANGE AS YOU WOULD A CHECK.
IF YOU NEED FURTHER ASSISTANCE IN COMPLETING THIS SIGHT DRAFT OR BILL OF
EXCHANGE, PLEASE CALL OUR L/C PAYMENT SECTION AND ASK FOR: EFRAIN TUVILLA AT
(408) 654-6349 OR ALICE DALUZ AT (408) 654-7120.