SIGHT DRAFT
AND THE EXECUTED BENEFICIARY'S STATEMENT AT OUR ABOVE OFFICE."
THIS LETTER OF CREDIT IS TRANSFERABLE IN FULL AND NOT IN PART. ANY TRANSFER MADE
HEREUNDER MUST CONFORM STRICTLY TO THE TERMS HEREOF AND TO THE CONDITIONS OF
ARTICLE 38 OF THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION) FIXED BY THE INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 600.
SHOULD YOU WISH TO EFFECT A TRANSFER UNDER THIS CREDIT, SUCH TRANSFER WILL BE
SUBJECT TO THE RETURN TO US OF THE ORIGINAL CREDIT INSTRUMENT, ACCOMPANIED BY
OUR FORM OF TRANSFER AVAILABLE UPON REQUEST, PROPERLY COMPLETED AND SIGNED BY AN
AUTHORIZED SIGNATORY OF YOUR FIRM, BEARING YOUR BANKERS STAMP AND SIGNATURE
AUTHENTICATION, AND OUR CUSTOMARY PAYMENT OF OUR TRANSFER CHARGES OF $ 500.00
SHALL BE FOR THE ACCOUNT OF THE APPLICANT.
WE HEREBY DO UNDERTAKE TO PROMPTLY HONOR YOUR SIGHT DRAFT OR DRAFTS DRAWN ON US,
INDICATING OUR LETTER OF CREDIT NO.
FOR THE AMOUNT AVAILABLE TO BE DRAWN
ON THIS LETTER OF CREDIT UPON PRESENTATION OF YOUR SIGHT DRAFT IN THE FORM OF
SCHEDULE A ATTACHED HERETO DRAWN ON US AT OUR OFFICES SPECIFIED ABOVE DURING OUR
USUAL BUSINESS HOURS ON OR BEFORE THE EXPIRATION DATE HEREOF.
EXCEPT AS EXPRESSLY STATED HEREIN, THIS UNDERTAKING IS NOT SUBJECT TO ANY
AGREEMENTS, REQUIREMENTS OR QUALIFICATION. OUR OBLIGATION UNDER THIS LETTER OF
CREDIT IS OUR INDIVIDUAL OBLIGATION AND IS IN NO WAY CONTINGENT UPON
REIMBURSEMENT WITH RESPECT THERETO OR UPON OUR ABILITY TO PERFECT ANY LIEN,
SECURITY INTEREST OR ANY OTHER REIMBURSEMENT.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS - 2007 REVISION, INTER-NATIONAL CHAMBER OF COMMERCE
PUBLICATION NO. 600, AND AS TO MATTERS NOT GOVERNED BY THE UCP, SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK
AND APPLICABLE U.S. LAW.
[ISSUER OF LETTER OF CREDIT]
3
SCHEDULE A -FORM OF SIGHT DRAFT
(INSERT DATE OF SIGHT DRAFT, WHICH MUST BE DATE OF PRESENTMENT)
TO:
BANK OF AMERICA, N.A.
1000 W. TEMPLE STREET, 7TH FL.
LOS ANGELES, CA 90012
ATTN: STANDBY LETTER OF CREDIT DEPARTMENT
FOR THE VALUE RECEIVED, PAY TO THE ORDER OF
BY WIRE TRANSFER OF
IMMEDIATELY AVAILABLE FUNDS TO THE FOLLOWING ACCOUNT:
[NAME OF ACCOUNT]
[ACCOUNT NUMBER]
NAME AND ADDRESS OF BANK AT WHICH ACCOUNT IS MAINTANED]
[ABA NUMBER]
[REFERENCE]
THE FOLLOWING AMOUNT:
[INSERT NUMBER OF DOLLARS IN WRITING] UNITED STATES DOLLARS (US$ [INSERT NUMBER
OF DOLLARS IN FIGURES])
DRAWN UPON YOUR IRREVOCABLE LETTER OF CREDIT NO.
DATED
, 2010.
{BENEFICIARY}
BY:
TITLE:
4
EXHIBIT B
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CORDIS CORPORATION,
Plaintiff,
v.
BOSTON SCIENTIFIC CORPORATION
and BOSTON SCIENTIFIC SCIMED, INC.,
Defendants.
)
)
)
)
)
)
)
)
C.A. No. 08-779-SLR
CORDIS CORPORATION,
Plaintiff,
v.
BOSTON SCIENTIFIC CORPORATION
and SCIMED LIFE SYSTEMS, INC.,
Defendants.
)
)
)
)
)
)
)
)
C.A. No. 03-027-SLR
CONSENT JUDGMENT
Whereas the parties in the two above-captioned actions have entered into a
Settlement Agreement