PARTIAL DRAWINGS ARE PERMITTED.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY
EXTENDED WITHOUT AMENDMENT FOR SUCCESSIVE ONE YEAR PERIODS FROM THE CURRENT
EXPIRATION DATE HEREOF OF APRIL 3, 2002, OR ANY FUTURE EXPIRATION DATE BUT NOT
BEYOND APRIL 3, 2013, UNLESS AT LEAST (45) FORTY-FIVE DAYS PRIOR TO ANY
EXPIRATION DATE WE NOTIFY EACH BENEFICIARY BY OVERNIGHT COURIER SERVICE TO THE
ADDRESS(ES) SET FORTH ABOVE THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT
RENEWED FOR ANY SUCH ADDITIONAL PERIOD. THIS LETTER OF CREDIT WILL NOT BE
AUTOMATICALLY RENEWED BEYOND APRIL 3, 2013.
ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BE MARKED "DRAWN UNDER COMERICA BANK
LETTER OF CREDIT NO.
".
THIS ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS THERETO MUST BE SUBMITTED TO
US TOGETHER WITH ANY DRAWINGS HEREUNDER FOR OUR ENDORSEMENT OF ANY PAYMENTS MADE
HEREUNDER, FOR TRANSFER AND/OR FOR CANCELLATION.
WE ENGAGE WITH YOU THAT EACH DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS
OF THIS CREDIT WILL BE DULY HONORED ON DELIVERY OF THE DOCUMENTS AS SPECIFIED IF
PRESENTED AT THIS OFFICE AT THE ADDRESS ABOVE OR ANY SUCCESSOR ADDRESS ON OR
BEFORE APRIL 3, 2002 OR ANY AUTOMATICALLY EXTENDED DATE.
THIS LETTER OF CREDIT IS SUBJECT TO AND GOVERNED BY THE UNIFORM CUSTOMS AND
PRACTICE FOR DOCUMENTARY CREDITS OF THE INTERNATIONAL CHAMBER OF COMMERCE, 1993
REVISION, PUBLICATION 500.
YOURS VERY TRULY:
COMERICA BANK-CALIFORNIA
BY:
ITS:
LOGO [g63542ex10_8pg021.jpg]
ANNEX A TO COMERICA BANK CALIFORNIA LETTER OF CREDIT NO.
DRAFT No.
S 19
City State Date
Pay to the
Order of
Dollars
To }
TRANSFER FORM ANNEX "B"
WHICH FORMS AN INTEGRAL PART TO COMERICA BANK STANDBY LETTER OF CREDIT
NO.
.
TO:
COMERICA BANK
DATE:
FOR VALUE RECEIVED, THE UNDERSIGNED CO-BENEFICIARY HEREBY IRREVOCABLY TRANSFERS
ALL RIGHTS AS CO-BENEFICIARY UNDER THE ABOVE MENTIONED LETTER OF CREDIT TO:
(NAME OF TRANSFEREE)
(ADDRESS OF TRANSFEREE)
BY THIS TRANSFER, ALL RIGHTS OF THE UNDERSIGNED CO-BENEFICIARY IN COMERICA
BANK'S LETTER OF CREDIT NO.
ARE TRANSFERRED IN ITS
ENTIRETY TO THE TRANSFEREE AND THE TRANSFEREE SHALL HAVE THE SAME RIGHTS AS
CO-BENEFICIARY THEREOF, INCLUDING CO-BENEFICIARY'S RIGHTS RELATING TO ANY
AMENDMENTS, WHETHER NOW EXISTING OR HEREAFTER MADE. ALL AMENDMENTS ARE TO BE
ADVISED DIRECTLY TO THE CO-BENEFICIARY WHO IS RETAINING THE ORIGINAL LETTER OF
CREDIT WITHOUT NECESSITY OF ANY CONSENT OF OR NOTICE TO THE UNDERSIGNED
CO-BENEFICIARY.
THE ORIGINAL LETTER OF CREDIT NO.
PLUS ALL ORIGINAL
AMENDMENTS, IF ANY, AND THE TRANSFEREE'S DATED AND SIGNED STATEMENT, AS REQUIRED
UNDER THE LETTER OF CREDIT, ARE ENCLOSED HERETO AND WE ASK YOU TO ENTER THE
TRANSFER ON THE REVERSE SIDE OF THE ORIGINAL LETTER OF CREDIT.
OUR CHECK IN THE AMOUNT OF $
COVERING THE TRANSFER FEE IS ENCLOSED
HERETO AND WE AGREE TO PAY YOU ON DEMAND ANY EXPENSES WHICH MAY BE INCURRED BY
YOU IN CONNECTION WITH THIS TRANSFER.
VERY TRULY YOURS,
CO-BENEFICIARY'S NAME
SIGNATURE AUTHENTICATED
By:
(NAME OF BANK)
(AUTHORIZED SIGNATURE)
TRANSFER FORM ANNEX "C"
WHICH FORMS AN INTEGRAL