this Letter of Credit and all amendments
thereto for endorsement thereon by us to the transferee.
This Letter of Credit shall expire at our office on
, 201
(the
"Stated Expiration Date"). It is a condition of this Letter of Credit that the
Stated Expiration Date shall be deemed automatically extended without amendment
for successive one (1) year periods from such Stated Expiration Date, unless at
least forty-five (45) days prior to such Stated Expiration Date (or any
anniversary thereof) we shall notify you and the Accountee/Applicant in writing
by certified mail (return receipt) that we elect not to consider this Letter of
Credit extended for any such additional one (1) year period.
Exhibit 6 - 1
We expressly agree and acknowledge that we shall not refuse to pay on any draw
permitted under this Letter of Credit in the event that the Accountee/Applicant
opposes, contests or otherwise attempts to interfere with any attempt by
Landlord to draw down from said Letter of Credit.
Except as otherwise expressly stated herein, this Letter of Credit is subject to
the "Uniform Customs and Practice for Documentary Credits, International Chamber
of Commerce, Publication No. 500 (1993 Revision)".
Exhibit 6 - 2
EXHIBIT 6-1
FORM OF ACCEPTABLE SILICON VALLEY BANK LETTER OF CREDIT
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER
DATE:
BENEFICIARY:
BCSP CAMBRIDGE TEN PROPERTY LLC
C/O BEACON CAPITAL PARTNERS, LLC
200 STATE STREET, 5TH FLOOR
BOSTON, MASSACHUSETTS 02109
APPLICANT:
FOUNDATION MEDICINE, INC.
150 SECOND STREET, FIRST FLOOR
CAMBRIDGE MA 02141
AMOUNT: US $1,037,097.00 (ONE MILLION
THIRTY SEVEN THOUSAND NINETY SEVEN AND
XX/100 U.S. DOLLARS)
EXPIRATION DATE:
(ONE YEAR FROM L/C ISSUANCE)
LOCATION: SANTA CLARA, CALIFORNIA
DEAR SIR/MADAM:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. SVBSF
IN YOUR FAVOR AVAILABLE BY YOUR DRAFTS DRAWN ON US AT SIGHT IN THE FORM OF
EXHIBIT "A" ATTACHED AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS:
1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENT(S), IF ANY.
2. BENEFICIARY'S DATED AND SIGNED STATEMENT, STATING AS FOLLOWS:
"BENEFICIARY IS ENTITLED TO DRAW UPON THIS LETTER OF CREDIT (IN THE AMOUNT OF
THE DRAFT SUBMITTED HEREWITH) PURSUANT TO THE LEASE DATED
BY AND
BETWEEN BCSP CAMBRIDGE TEN PROPERTY LLC, AS LANDLORD, AND FOUNDATION MEDICINE,
INC., AS TENANT."
PARTIAL DRAWS AND MULTIPLE PRESENTATIONS ARE ALLOWED.
THIS ORIGINAL 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.
THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD
OF ONE YEAR, WITHOUT AMENDMENT, FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE
UNLESS AT LEAST 60 DAYS PRIOR TO THE THEN CURRENT EXPIRATION DATE WE SEND YOU A
NOTICE BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS THAT
THIS LETTER OF CREDIT WILL NOT BE EXTENDED BEYOND THE CURRENT EXPIRATION DATE.
IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND OCTOBER
31, 2020 WHICH IS THE FINAL EXPIRATION DATE OF THIS LETTER OF