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 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 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, AND WE
AND/OR SUCH OTHER BANK MAY RELY ON AN ACCOUNT NUMBER SPECIFIED IN SUCH
INSTRUCTIONS EVEN IF THE NUMBER IDENTIFIES A PERSON OR ENTITY DIFFERENT FROM THE
INTENDED PAYEE.
C-4
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE
FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE,
PUBLICATION NO. 500, (THE "UCP").
SILICON VALLEY BANK,
(FOR BANK USE ONLY)
(FOR BANK USE ONLY)
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
C-5
EXHIBIT "A"
(i) 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
SANTA CLARA, CA 95054
[INSERT NAME OF BENEFICIARY]
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.
C-6
EXHIBIT "B"
DATE:
TO:
SILICON VALLEY BANK
3003 TASMAN DRIVE
SANTA CLARA, CA 95054
ATTENTION: GLOBAL FINANCIAL SERVICES
RE:
SILICON VALLEY BANK, SANTA CLARA, CALIFORNIA
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SVBSF
DATED
, 20
AMOUNT:
US$
.
GENTLEMEN:
FOR VALUE RECEIVED, THE UNDERSIGNED BEING A DULY AUTHORIZED REPRESENTATIVE
OR OFFICER OF THE BENEFICIARY ("BENEFICIARY") HEREBY IRREVOCABLY TRANSFERS TO:
(NAME OF TRANSFEREE)
(ADDRESS)
("TRANSFEREE") ALL RIGHTS OF THE BENEFICIARY TO DRAW UNDER THE ABOVE LETTER
OF CREDIT UP TO ITS AVAILABLE AMOUNT AS SHOWN ABOVE AS OF THE DATE OF THIS
TRANSFER.
BY THIS TRANSFER, ALL RIGHTS OF THE UNDERSIGNED BENEFICIARY IN SUCH LETTER
OF CREDIT ARE TRANSFERRED TO THE TRANSFEREE. TRANSFEREE SHALL HAVE THE SOLE
RIGHTS AS BENEFICIARY THEREOF, INCLUDING SOLE RIGHTS RELATING TO ANY AMENDMENTS,
WHETHER INCREASES OR EXTENSIONS OR