OF THE BANK'S OFFICE ON THE NEXT SUCCEEDING BUSINESS DAY. PAYMENT AGAINST
CONFORMING PRESENTATIONS HEREUNDER AFTER 10:00 A.M. CALIFORNIA TIME, ON A
BUSINESS DAY SHALL BE MADE BY BANK DURING NORMAL
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 ISP98 (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
EXHIBIT H
-4-
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.
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.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, 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
EXHIBIT H
-5-
EXHIBIT "A" to L-C
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
[INSERT NAME OF BENEFICIARY]
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 AND ASK FOR: EFRAIN TUVILLA AT
(408) 654-6349 OR ALICE DALUZ AT (408) 654-7120.
EXHIBIT H
-6-
EXHIBIT "B" to L-C
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)