CA RE License #01102655
O (408) 885-9110

CBC Advisors 303 Almaden Blvd, Suite 120 San Jose, CA 95110
{2089-00107/00654094;7}
D-1
Acknowledgement of Receipt
By:_______________________
(Signature)
Name:____________________
(Please type or print)
Company: _________________
Date:_____________________
{2089-00107/00654094;7}
D-2
EXHIBIT E
FORM OF LETTER OF CREDIT
This Exhibit is attached to and made a part of the Lease by and between
WATER TOWER FEE OWNER, LLC, a Delaware limited liability company ("Landlord")
and
JIVE SOFTWARE, INC., a Delaware corporation ("Tenant") for space in the
Building located at 300 Orchard City Drive, Campbell, California
FORM OF LETTER OF CREDIT
STANDBY L/C DRAFT LANGUAGE
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SVBSF_______
DATE: _______, 2016
ISSUING BANK:
SILICON VALLEY BANK
3003 TASMAN DRIVE
2ND FLOOR, MAIL SORT HF210
SANTA CLARA, CALIFORNIA 95054
BENEFICIARY:
WATER TOWER FEE OWNER, LLC
C/O FCP MANAGEMENT, INC.
339 S. SAN ANTONIO ROAD, SUITE 2B
LOS ALTOS, CA 94022
ATTN: ASSET MANAGER
APPLICANT:
JIVE SOFTWARE INC.
915 SW STARK STREET SUITE 200
PORTLAND, OR 97205
AMOUNT:
US$366,381.00 (THREE HUNDRED SIXTY SIX THOUSAND THREE HUNDRED EIGHTY
ONE AND 00/100 U.S. DOLLARS)
EXPIRATION DATE: ________, 2017 [364 DAYS AFTER LC ISSUE DATE]
1. LOCATION:
SANTA CLARA, CALIFORNIA
LADIES AND GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. SVBSF_____ IN
YOUR FAVOR AVAILABLE BY YOUR DRAFTS DRAWN ON US AT SIGHT IN THE FORM OF EXHIBIT
"A" ATTACHED AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS:
1.
THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENT(S), IF ANY.
2.
BENEFICIARY'S DATED AND SIGNED STATEMENT STATING EITHER OF THE FOLLOWING:
(A)
"JIVE SOFTWARE, INC., AS TENANT ("TENANT") IS IN DEFAULT UNDER THAT CERTAIN
LEASE DATED [DATE], INCLUDING ANY AMENDMENTS AND RESTATEMENTS THERETO, BETWEEN
TENANT AND WATER TOWER FEE OWNER, LLC ("LANDLORD ") (THE "LEASE") FOR PREMISES
LOCATED AT [PROPERTY ADDRESS]. LANDLORD HAS PROVIDED THE NOTICE REQUIRED UNDER
THE LEASE TO CURE SUCH DEFAULT, AND TENANT HAS FAILED TO CURE THE DEFAULT. THIS
DRAW IN THE AMOUNT OF US$ [INSERT AMOUNT IN NUMERALS] ([INSERT AMOUNT IN WORDS]
AND ___/100 U.S. DOLLARS) UNDER SILICON VALLEY BANK IRREVOCABLE STANDBY LETTER
OF CREDIT NO. _______ REPRESENTS FUNDS DUE AND OWING TO US PURSUANT TO THE TERMS
OF THAT CERTAIN LEASE AND/OR ANY AMENDMENT TO THE LEASE."
-OR-
(B)
"BENEFICIARY HAS RECEIVED A NOTICE FROM SILICON VALLEY BANK THAT ITS IRREVOCABLE
LETTER OF CREDIT NUMBER SVBSF__________ WILL NOT BE EXTENDED AND APPLICANT HAS
FAILED TO PROVIDE A REPLACEMENT LETTER OF CREDIT IN ACCORDANCE WITH THE TERMS OF
THAT CERTAIN LEASE BY AND BETWEEN WATER TOWER FEE OWNER, LLC, AS LANDLORD, AND
JIVE SOFTWARE,
{2089-00107/00654094;7}
E - 1
INC., AS TENANT, AND/OR ANY AMENDMENT TO THE LEASE OR ANY OTHER AGREEMENT
BETWEEN SUCH PARTIES RELATED TO THE LEASE."
THE LEASE AGREEMENT MENTIONED ABOVE IS FOR IDENTIFICATION PURPOSES ONLY AND IT
IS NOT INTENDED THAT SAID LEASE AGREEMENT BE INCORPORATED HEREIN OR FORM PART OF
THIS LETTER OF CREDIT.
PARTIAL DRAWS AND MULTIPLE PRESENTATIONS ARE ALLOWED. THE AGGREGATE AMOUNT OF
THIS LETTER OF CREDIT AVAILABLE TO