AS USED HEREIN, THE TERM "BUSINESS DAY" MEANS A DAY ON WHICH WE ARE OPEN AT OUR
ABOVE ADDRESS IN SANTA CLARA, CALIFORNIA TO CONDUCT OUR LETTER OF CREDIT
BUSINESS. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THE UCP (AS
HEREINAFTER DEFINED), IF THE EXPIRATION DATE OR THE FINAL EXPIRATION DATE IS NOT
A BUSINESS DAY THEN SUCH DATE SHALL BE AUTOMATICALLY EXTENDED TO THE NEXT
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 LETTER OF CREDIT OR SUCH LATER DATE TO
WHICH IT HAS BEEN EXTENDED.
G-4
THE OBLIGATION OF THE BANK UNDER THIS LETTER OF CREDIT SHALL BE THE INDIVIDUAL
OBLIGATION OF THE BANK AND IS IN NO WAY CONTINGENT UPON REIMBURSEMENT WITH
RESPECT HERETO AND NOT DEPENDENT ON THE ABILITY OF BANK TO PERFECT A LIEN,
SECURITY INTEREST, OR ANY OTHER REIMBURSEMENT.
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.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE,
PUBLICATION NO. 600, (THE "UCP").
SILICON VALLEY BANK,
(FOR BANK USE ONLY)
(FOR BANK USE ONLY)
G-5
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
SANTA CLARA, CA 95054
[INSERT NAME OF BENEFICIARY]
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
.
G-6
EXHIBIT "B"
DATE:
TO:
SILICON VALLEY BANK
3003 TASMAN