TO BENEFICIARY. UPON BEING NOTIFIED THAT THE DRAW
DOCUMENTS ARE NOT IN ACCORDANCE WITH THIS LETTER OF CREDIT, BENEFICIARY MAY
ATTEMPT TO CORRECT ANY SUCH NON-CONFORMING DEMAND FOR PAYMENT IF, AND TO THE
EXTENT THAT, BENEFICIARY IS ENTITLED AND ABLE TO DO SO WITHIN THE TERMS AND
CONDITIONS OF THIS LETTER OF CREDIT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND SUCH
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE
TO ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR IN WHICH THIS
LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES, AND
ANY SUCH REFERENCE SHALL NOT BEE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY
DOCUMENT, INSTRUMENT OR AGREEMENT. THE OBLIGATION OF JPMORGAN CHASE BANK, N.A.
UNDER THIS LETTER OF CREDIT IS THE INDIVIDUAL OBLIGATION OF JPMORGAN CHASE BANK,
N.A. AND IS IN NO WAY CONTINGENT UPON REIMBURSEMENT WITH RESPECT THERETO.
THIS LETTER OF CREDIT IS GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF NEW YORK, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO
THE INTERNATIONAL STANDBY PRACTICES, ICC PUBLICATION NO. 590 (THE "ISP98"), AND
IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF NEW YORK WILL CONTROL,
WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
3
PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE
ATTENTION OF THE STANDBY LETTER OF CREDIT UNIT, 131 SOUTH DEARBORN STREET, 5TH
FLOOR, MAIL CODE IL1-0236, CHICAGO, IL 60603-5506, INCLUDING THE LETTER OF
CREDIT NUMBER MENTIONED ABOVE. FOR TELEPHONE ASSISTANCE, PLEASE CONTACT THE
STANDBY CLIENT SERVICE UNIT AT 1-800-634-1969, SELECT OPTION 1, AND HAVE THIS
LETTER OF CREDIT NUMBER AVAILABLE.
VERY TRULY YOURS,
JPMORGAN CHASE BANK, N.A.
AUTHORIZED SIGNER
WE HEREBY AGREE WITH THE FORMAT/LANGUAGE OF THE ABOVE DRAFTED LETTER OF CREDIT,
AND WE REQUEST JPMORGAN CHASE BANK, N.A. TO ISSUE THE LETTER OF CREDIT AS ABOVE
DRAFTED.
INFINITY PHARMACEUTICALS, INC. BY:
NAME AND TITLE:
DATE:
4
EXHIBIT F
NOTICE TO PARCEL B OWNER
, 2014
ARE 770/784/790 Memorial Drive LLC
c/o Alexandria Real Estate Equities, Inc.
700 Technology Square, First Floor
Cambridge, MA 02139
Re: Declaration of Easements, Covenants, Conditions and Restrictions, dated
December 22, 1999, by 784 Memorial Drive LLC, filed with the Middlesex South
Registry District of the Land Court as Document No. 1127474 and recorded in the
Middlesex South Registry of Deeds on December 29, 1999, in Book 31008, Page 1,
as amended by the First Amendment to Declaration of Easements, Covenants,
Conditions and Restrictions, dated September 17, 2001, by 784 Memorial Drive
LLC, ARE 770/784/790 Memorial Drive LLC and Landlord, filed with the Middlesex
South Registry District of the Land Court as Document No. 1195705 and recorded
in the Middlesex South Registry of Deeds in Book 34522, Page 324 (the
"Declaration")
Ladies and Gentlemen:
BHX, LLC, a Massachusetts limited liability company, as Trustee of 784 Realty
Trust, under Declaration of Trust dated December 21, 1999, recorded with the
Middlesex