room
3.
Audio-visual Equipment in the conference center
4.
1,
4 ft. biosafety cabinet
5.
2, double-stack CO2 incubators
6.
Autoclave
(currently located in the vivarium at 11388 Sorrento Valley Road)
7.
Generators:
a.
11388 Sorrento Valley Road
Spectrum Detroit Diesel
Sales
order # 1867450
Generator Set Model 300DSE
S/N 0707976
Spec
GM13659-GA1S
Gen. Model 4VA13
Hours - 182.7
b.
11404-11408
Spectrum Detroit Diesel
Sales order # 3270063
Generator Set Model
300DSE
S/N 0749628
Spec GM13659-GA1S
Gen. Model 4VA13
Hours - 150.6
C-3
EXHIBIT D
FORM OF LETTER OF CREDIT
BENEFICIARY:
AVANIR PHARMACEUTICALS, INC.
CORPORATE HEADQUARTERS
101 ENTERPRISE, SUITE
ALISO VIEJO, CA 92656
AS "SUBLANDLORD"
APPLICANT:
HALOZYME, INC.
11588 SORRENTO VALLEY ROAD, SUITE 17
SAN DIEGO, CA 92121
AS "SUBTENANT"
AMOUNT: US $400,000.00 (FOUR HUNDRED THOUSAND AND NO/100 U.S.)
DOLLARS)
EXPIRATION DATE:
, 20
LOCATION: SANTA CLARA, CALIFORNIA
LADIES AND GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. SVBSF ___ IN
YOUR FAVOR. THIS LETTER OF CREDIT IS AVAILABLE BY SIGHT PAYMENT WITH OURSELVES
ONLY AGAINST PRESENTATION AT THIS OFFICE OF THE FOLLOWING DOCUMENTS:
1.
THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENT (S), IF ANY.
2.
YOUR SIGHT DRAFT DRAWN ON US IN THE FORM ATTACHED HERETO AS EXHIBIT
"A".
3.
A DATED CERTIFICATION PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICER
OR REPRESENTATIVE OF THE BENEFICIARY, FOLLOWED BY HIS/HER PRINTED NAME AND
DESIGNATED TITLE, STATING EITHER OF THE FOLLOWING WITH INSTRUCTIONS IN BRACKETS
THEREIN COMPLIED WITH:
A)
"THE AMOUNT DRAWN PER THE ACCOMPANYING SIGHT DRAFT IS DUE TO SUBLANDLORD
UNDER THAT CERTAIN SUBLEASE AGREEMENT DATED [INSERT DATE] BY AND BETWEEN
HALOZYME, INC. AS SUBTENANT, AND BENEFICIARY, AS SUBLANDLORD BECAUSE SUBTENANT
D-1
OWES SUCH AMOUNTS AS A DRAW UPON SUBTENANT'S SECURITY DEPOSIT AS DEFINED
IN SECTION 17 THEREUNDER."
OR
B)
"SUBLANDLORD HAS NOT RECEIVED AN AMENDMENT EXTENDING THE EXPIRATION DATE
OF SILICON VALLEY BANK IRREVOCABLE STANDBY LETTER OF CREDIT NO.
SVBSF
FOR AN ADDITIIONAL ONE (1) YEAR PERIOD OR AN
ACCEPTABLE LETTER OF CREDIT IN REPLACEMENT AND SUBLANDLORD IS THUS ENTITLED TO
DRAW UPON THE BALANCE OF THIS LETTER OF CREDIT."
THE SUBLEASE AGREEMENT MENTIONED ABOVE IS FOR IDENTIFICATION PURPOSES ONLY
AND IS NOT INTENDED THAT SAID SUBLEASE AGREEMENT BE INCORPORATED HEREIN OR FORM
PART OF THIS LETTER OF CREDIT.
PARTIAL AND MULTIPLE DRAWINGS ARE ALLOWED. IN THE EVENT BENEFICIARY ELECTS TO
DRAW UPON THIS LETTER OF CREDIT FOR LESS THAN THE FULL STATED AMOUNT HEREOF, THE
AMOUNT AVAILABLE UNDER THIS LETTER OF CREDIT WILL BE REDUCED BY THE AMOUNT OF
ANY PARTIAL DRAWINGS HEREUNDER.
THIS LETTER OF CREDIT MUST ACCOMPANY ANY DRAWINGS HEREUNDER FOR ENDORSEMENT
OF THE DRAWING AMOUNT AND WILL BE RETURNED TO THE BENEFICIARY UNLESS IT IS FULLY
UTILIZED.
WE AGREE THAT WE SHALL HAVE NO DUTY OR RIGHT TO INQUIRE AS TO THE BASIS
UPON WHICH BENEFICIARY HAS DETERMINED THAT THE AMOUNT IS DUE AND OWING OR HAS
DETERMINED TO PRESENT TO US ANY DRAFT UNDER THIS LETTER OF CREDIT, AND THE
PRESENTATION OF SUCH DRAFT IN STRICT COMPLIANCE WITH