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 CREDIT.
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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 international standby practices 1998
("ISP98"), INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590.
SILICON VALLEY BANK,
FOR S V BANK USE
ONLY
FOR
S V BANK USE ONLY
AUTHORIZED
SIGNATURE
AUTHORIZED
SIGNATURE
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EXHIBIT "A"
SIGHT DRAFT/BILL OF EXCHANGE
DATE:
_______________
REF.
NO. ___________________
AT SIGHT OF THIS BILL OF EXCHANGE
PAY TO THE ORDER OF
_____________________________________ US$_________________
U.S. DOLLARS
____________________________________________________________________
"DRAWN UNDER SILICON VALLEY BANK, SANTA CLARA, CALIFORNIA, IRREVOCABLE STANDBY
LETTER OF CREDIT NUMBER NO. SVBSF______ DATED _________ __, 20___"
TO:
SILICON VALLEY
BANK
_______________________________
3003 TASMAN DRIVE
SANTA CLARA, CA 95054
________________________________
Authorized
Signature
GUIDELINES TO PREPARE THE SIGHT DRAFT OR BILL OF EXCHANGE:
1.
DATE
INSERT ISSUANCE DATE OF DRAFT OR BILL OF EXCHANGE.
2.
REF. NO.
INSERT YOUR REFERENCE NUMBER IF ANY.
3.
PAY TO THE ORDER OF:
INSERT NAME
OF BENEFICIARY
4.
US$
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 AT (408) 654-6274 OR (408)
654-7127 OR (408) 654-3035 OR (408) 654-7716 OR (408) 654-7128.
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EXHIBIT "B"
DATE:
TO:
SILICON VALLEY BANK
3003 TASMAN DRIVE
SANTA CLARA, CA 95054
ATTN:
GLOBAL FINANCIAL SERVICES
STANDBY LETTERS OF CREDIT
RE:
SILICON VALLEY BANK IRREVOCABLE STANDBY LETTER OF CREDIT
NO.
___________________
GENTLEMEN:
FOR VALUE RECEIVED, THE UNDERSIGNED BENEFICIARY HEREBY IRREVOCABLY TRANSFERS TO:
_________________________________________________________________________
(NAME OF TRANSFEREE)
__________________________________________________________________________
(ADDRESS)
ALL RIGHTS OF THE UNDERSIGNED BENEFICIARY TO DRAW UNDER THE ABOVE LETTER OF
CREDIT UP TO ITS AVAILABLE AMOUNT AS SHOWN ABOVE AS OF THE DATE OF THIS
TRANSFER.
BY THIS TRANSFER, ALL RIGHTS OF THE UNDERSIGNED BENEFICIARY IN SUCH LETTER OF
CREDIT ARE TRANSFERRED TO THE TRANSFEREE. TRANSFEREE SHALL HAVE THE SOLE