person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name:
Notary Public
(SEAL)
[Signature Page to SNDA]
EXHIBIT "A"
LEGAL DESCRIPTION OF THE LAND
[Signature Page to SNDA]
EXHIBIT "K"
Intentionally Deleted.
Exhibit "K"
EXHIBIT "L"
FORM OF LETTER OF CREDIT
Follows
Exhibit "L"
BANK OF AMERICA - CONFIDENTIAL
PAGE: 1
DATE:
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER:
APPLICANT
BENEFICIARY
GLAUKOS CORPORATION
CIP 2014/SG ALISO OWNER LLC
229 AVENIDA FABRICANTE
C/O GREENLAW MANAGEMENT, INC.
SAN CLEMENTE, CA 92672
18301 VON KARMAN AVENUE, SUITE 250
IRVINE, CA 92612
ISSUING BANK
BANK OF AMERICA, N.A.
ONE FLEET WAY
PA6-580-02-30
SCRANTON, PA 18507-1999
AMOUNT
NOT EXCEEDING USD 8,775,000.00 NOT EXCEEDING EIGHT MILLION SEVEN HUNDRED SEVENTY
FIVE THOUSAND AND 00/100'S US DOLLARS
EXPIRATION
NOVEMBER 1, 2019 AT OUR COUNTERS
WE HEREBY ISSUE THIS IRREVOCABLE LETTER OF CREDIT NO. XXXXXXXX IN YOUR FAVOR,
FOR THE ACCOUNT OF APPLICANT, FOR UP TO AN AGGREGATE AMOUNT OF USD 8,775,000.00
AVAILABLE BY YOUR DRAFT (S) DRAWN ON US AT SIGHT, ACCOMPANIED BY THE FOLLOWING:
1.
BENEFICIARY'S WRITTEN, DATED STATEMENT ON BENEFICIARY LETTERHEAD SIGNED
BY AN AUTHORIZED SIGNATORY READING:
"BENEFICIARY IS PERMITTED TO DRAW ON THIS LETTER OF CREDIT UNDER THE EXPRESS
TERMS OF THE LEASE DATED _____________, BY AND BETWEEN GLAUKOS CORPORATION AND
CIP 2014/SG ALISO OWNER LLC."
2.
THE ORIGINAL OF THIS LETTER OF CREDIT AND AMENDMENT (S), IF ANY.
PARTIAL DRAWINGS ARE PERMITTED.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY
EXTENDED WITHOUT AMENDMENT FOR PERIOD (S) OF ONE YEAR EACH FROM THE CURRENT
EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST THIRTY (30)
DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT
COURIER AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF
CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. IN NO EVENT SHALL THE EXPIRATION
DATE EXCEED APRIL 30, 2032, THE FINAL EXPIRATION DATE.
ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU,
YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT
DRAFT
Exhibit "L"
BANK OF AMERICA - CONFIDENTIAL
PAGE: 2
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER:
EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR
DRAFT (S) DRAWN ON US AT SIGHT AND THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL
AMENDMENTS THERETO, ACCOMPANIED BY YOUR STATEMENT, SIGNED BY AN AUTHORIZED
SIGNATORY, ON YOUR LETTERHEAD STATING THAT YOU ARE IN RECEIPT OF BANK OF
AMERICA, N.A.'S NOTICE OF NON - EXTENSION UNDER LETTER OF CREDIT NO. XXXXXXXX
AND THE APPLICANT'S OBLIGATION TO YOU REMAINS.
THIS LETTER OF CREDIT IS TRANSFERABLE IN FULL AND NOT IN PART. ANY TRANSFER MADE
HEREUNDER MUST CONFORM STRICTLY TO THE TERMS HEREOF