Common use of Form of Letter of Credit Clause in Contracts

Form of Letter of Credit. BENEFICIARY Post Mxxxxxxxxx Associates Oxx Xxxxxxxxxx Xxxxxx, Suite 3220 San Francisco, CA 94104 Attn: Building Manager APPLICANT Broadpoint Securities Group, Inc. 1 Xxxx Xxxxx Xxx Xxxx, XX 00000-0000 WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. XXXXXXXX IN FAVOR OF POST MXXXXXXXXX ASSOCIATES FOR THE ACCOUNT OF BROADPOINT SECURITIES GROUP, INC. FOR A SUM NOT EXCEEDING $338,981, AVAILABLE BY YOUR DRAFTS AT SIGHT ON US EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR COUNTERS AT OUR CLOSE OF BUSINESS ON NOVEMBER XX, 0000. DRAFTS DRAWN HEREUNDER MUST BE ACCOMPANIED BY A STATEMENT SIGNED BY ONE OF YOUR AUTHORIZED SIGNATORIES READING AS FOLLOWS: "THE AMOUNT OF THE ACCOMPANYING DRAFT IS DUE AND PAYABLE TO THE LANDLORD UNDER A CERTAIN OFFICE LEASE DATED AS OF MARCH 31, 2005, BETWEEN POST MXXXXXXXXX ASSOCIATES AND BROADPOINT SECURITIES GROUP, INC." DRAFTS DRAWN HEREUNDER MUST INDICATE: "DRAWN UNDER LETTER OF CREDIT NO. XXXXXXXX OF THE BANK OF NEW YORK MELLON." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR FURTHER PERIODS OF ONE YEAR FROM THE PRESENT AND EACH FUTURE EXPIRATION DATE, UNLESS, AT LEAST THIRTY (30) DAYS PRIOR TO SUCH DATE, WE SHALL SEND YOU NOTICE IN WRITING BY OVERNIGHT COURIER, TO THE ATTENTION OF YOUR BUILDING MANAGER AT THE ABOVE ADDRESS THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. ANY SUCH NOTICE WILL BE EFFECTIVE THREE (3) DAYS AFTER BEING SENT BY US, AND THEREAFTER YOU MAY DRAW DRAFTS(S) ON US AT SIGHT FOR AMOUNTS UP TO THE REMAINING BALANCE OF THIS LETTER OF CREDIT ON OR BEFORE THE THEN APPLICABLE EXPIRATION DATE, AND SUCH DRAFT(S) NEED NOT BE ACCOMPANIED BY ANY STATEMENT. THIS LETTER OF CREDIT IS TRANSFERABLE IN ITS ENTIRETY TO ANY ASSIGNEE OF TRANSFEREE OF YOUR INTEREST IN THE OFFICE LEASE REFERRED TO ABOVE WITHOUT ANY FEE OR CHARGE ON YOUR PART OR ON THE PART OF THE TRANSFEREE. SAID TRANSFER IS TO BE EFFECTED AT OUR COUNTERS AND IS CONTINGENT UPON:

Form of Letter of Credit. BENEFICIARY Post Mxxxxxxxxx Associates Oxx Xxxxxxxxxx XxxxxxIRREVOCABLE STANDBY LETTER OF CREDIT NUMBER _____________ ISSUE DATE: April __, Suite 3220 San Francisco2020 ISSUING BANK: SILICON VALLEY BANK 3003 TASMAN DRIVE 2ND FLOOR, CA 94104 AttnMAIL SORT HF210 XXXXX XXXXX, XXXXXXXXXX 00000 BENEFICIARY: Building Manager APPLICANT Broadpoint Securities GroupWESTLAKE PARK PLACE, Inc. 1 Xxxx Xxxxx Xxx XxxxINC. C/O INVESCO REAL ESTATE 0000 XXXX XXXXXX, XX 00000SUITE 3400 DALLAS, TEXAS 75201 ATTN: WESTLAKE ASSET MANAGER APPLICANT: ARCUTIC BIOTHERAPEUTICS, INC. 0000 XXXXXXXXX XXXX, XXXXX 000 XXXXXXXX XXXX, XXXXXXXXXX 00000 ATTN: XXXXX XXXXXXXX AMOUNT: US$1,542,000.00 (ONE MILLION FIVE HUNDRED FORTY-0000 TWO AND 00/100 U.S. DOLLARS) EXPIRATION DATE: APRIL __, 2020 PLACE OF EXPIRATION: ISSUING BANK’S COUNTERS AT ITS ABOVE ADDRESS DEAR SIR/MADAM: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. XXXXXXXX SVBSF______ IN YOUR FAVOR OF POST MXXXXXXXXX ASSOCIATES FOR THE ACCOUNT OF BROADPOINT SECURITIES GROUP, INC. FOR A SUM NOT EXCEEDING $338,981, AVAILABLE BY PAYMENT AGAINST YOUR DRAFTS AT SIGHT ON PRESENTATION TO US EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR COUNTERS AT OUR CLOSE OF BUSINESS ON NOVEMBER XX, 0000. DRAFTS DRAWN HEREUNDER MUST BE ACCOMPANIED BY A STATEMENT SIGNED BY ONE OF YOUR AUTHORIZED SIGNATORIES READING AS FOLLOWS: "THE AMOUNT OF THE ACCOMPANYING DRAFT IS DUE AND PAYABLE TO THE LANDLORD UNDER A CERTAIN OFFICE LEASE DATED AS OF MARCH 31, 2005, BETWEEN POST MXXXXXXXXX ASSOCIATES AND BROADPOINT SECURITIES GROUP, INC." DRAFTS DRAWN HEREUNDER MUST INDICATE: "DRAWN UNDER LETTER OF CREDIT NO. XXXXXXXX OF THE BANK OF NEW YORK MELLON." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR FURTHER PERIODS OF ONE YEAR FROM THE PRESENT AND EACH FUTURE EXPIRATION DATE, UNLESS, AT LEAST THIRTY (30) DAYS PRIOR TO SUCH DATE, WE SHALL SEND YOU NOTICE IN WRITING BY OVERNIGHT COURIER, TO THE ATTENTION OF YOUR BUILDING MANAGER AT THE ABOVE ADDRESS THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. ANY SUCH NOTICE WILL BE EFFECTIVE THREE (3) DAYS AFTER BEING SENT BY US, AND THEREAFTER YOU MAY DRAW DRAFTS(S) ON US AT SIGHT FOR AMOUNTS UP TO THE REMAINING BALANCE OF THIS LETTER OF CREDIT ON OR BEFORE THE THEN APPLICABLE EXPIRATION DATE, AND SUCH DRAFT(S) NEED NOT BE ACCOMPANIED BY ANY STATEMENT. THIS LETTER OF CREDIT IS TRANSFERABLE IN ITS ENTIRETY TO ANY ASSIGNEE OF TRANSFEREE OF YOUR INTEREST IN THE OFFICE LEASE REFERRED TO ABOVE WITHOUT ANY FEE OR CHARGE ON YOUR PART OR ON THE PART OF THE TRANSFEREE. SAID TRANSFER IS TO BE EFFECTED AT OUR COUNTERS AND IS CONTINGENT UPONFOLLOWING DOCUMENT:

Form of Letter of Credit. BENEFICIARY Post Mxxxxxxxxx Associates Oxx Xxxxxxxxxx Xxxxxx, Suite 3220 San Francisco, CA 94104 Attn: Building Manager APPLICANT Broadpoint Securities Group, Inc. 1 Xxxx Xxxxx Xxx Xxxx, XX 00000-0000 WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO------------------------------------ Date:___________________ ISSUING BANK CONFIRMING OUR CABLE OF TODAY _________________________ _________________________ Credit Number:_________________________ _________________________ Opener's Reference No.______________________ Dear Sir or Madam: BY ORDER OF: [SPC BUYER] _____________________________ _____________________________ We hereby open in favor of: P.M.I. COMERCIO INTERNACIONAL S.A. DE C.V. ("PMI") MARINA NACIONAL NUM. XXXXXXXX IN FAVOR 329 XXXXX XXXXXXXXX, XXXX 00 XXXXXX, X.X., XXXXXX our Irrevocable Standby Letter of Credit ("Letter of Credit") for the account of XXXXX REFINING & MARKETING, INC. ("Openers") for a sum of UP TO A MAXIMUM OF POST MXXXXXXXXX ASSOCIATES US DOLLARS _______________ (________ _______________ (AND NO/100 US DOLLARS) available by your draft(s) at SIGHT on [ISSUING OR ADVISING BANK] effective __________ and expiring, subject to force majeure as set forth below, at [NEW YORK, NEW YORK] [MEXICO CITY, MEXICO] on _____, ________ [62 DAYS] [42 DAYS IF A MEXICO BANK] AFTER LAST DAY OF THE AGREED LAYDAYS AS SHOWN ON THE AGREED LIFTING PROGRAM]. AVAILABLE BY BENEFICIARY'S DRAFTS DRAWN AT SIGHT ON [ISSUING OR ADVISING BANK] ACCOMPANIED BY THE FOLLOWING DOCUMENT: A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICER OF PMI STATING THAT (A) "ALTHOUGH THE INVOICE(S) PRESENTED UNDER THIS LETTER OF CREDIT WAS DUE ACCORDING TO CONTRACT TERMS, AND PMI PRESENTED NORMAL SHIPPING DOCUMENTS AS REQUESTED BY [BUYER] COVERING THE SHIPMENT OF MAYA CRUDE OIL, [BUYER] FAILED TO MAKE PAYMENT AS AND WHEN DUE, I.E., 30 (THIRTY) DAYS AFTER XXXX OF LADING DATE, PAYMENT REMAINS OUTSTANDING AT TIME OF DRAWING, AND FUNDS DRAWN UNDER THIS LETTER OF CREDIT WILL BE EXCLUSIVELY UTILIZED AS PAYMENT FOR THE ACCOMPANYING INVOICE(S)," AND (B) "THE AMOUNT BEING DRAWN HEREUNDER IS EQUAL TO THE AGGREGATE AMOUNT UNPAID OF INVOICES PAST DUE." SPECIAL CONDITIONS: PARTIAL AND MULTIPLE DRAWING IS AUTHORIZED. ALL BANKING CHARGES, INCLUDING NEGOTIATION, TELEX, ETC., ARE FOR THE ACCOUNT OF BROADPOINT SECURITIES GROUP, INC. FOR A SUM NOT EXCEEDING $338,981, AVAILABLE BY YOUR DRAFTS AT SIGHT ON US EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR COUNTERS AT OUR CLOSE OF BUSINESS ON NOVEMBER XX, 0000. DRAFTS DRAWN HEREUNDER MUST BE ACCOMPANIED BY A STATEMENT SIGNED BY ONE OF YOUR AUTHORIZED SIGNATORIES READING AS FOLLOWS: "THE AMOUNT OF THE ACCOMPANYING DRAFT IS DUE AND PAYABLE TO THE LANDLORD UNDER A CERTAIN OFFICE LEASE DATED AS OF MARCH 31, 2005, BETWEEN POST MXXXXXXXXX ASSOCIATES AND BROADPOINT SECURITIES GROUP, INCOPENERS." DRAFTS DRAWN HEREUNDER MUST INDICATE: "DRAWN UNDER LETTER OF CREDIT NO. XXXXXXXX OF THE BANK OF NEW YORK MELLON." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR FURTHER PERIODS OF ONE YEAR FROM THE PRESENT AND EACH FUTURE EXPIRATION DATE, UNLESS, AT LEAST THIRTY (30) DAYS PRIOR TO SUCH DATE, WE SHALL SEND YOU NOTICE IN WRITING BY OVERNIGHT COURIER, TO THE ATTENTION OF YOUR BUILDING MANAGER AT THE ABOVE ADDRESS THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. ANY SUCH NOTICE WILL BE EFFECTIVE THREE (3) DAYS AFTER BEING SENT BY US, AND THEREAFTER YOU MAY DRAW DRAFTS(S) ON US AT SIGHT FOR AMOUNTS UP TO THE REMAINING BALANCE OF THIS LETTER OF CREDIT ON OR BEFORE THE THEN APPLICABLE EXPIRATION DATE, AND SUCH DRAFT(S) NEED NOT BE ACCOMPANIED BY ANY STATEMENT. THIS LETTER OF CREDIT IS TRANSFERABLE IN ITS ENTIRETY TO ANY ASSIGNEE OF TRANSFEREE OF YOUR INTEREST IN THE OFFICE LEASE REFERRED TO ABOVE WITHOUT ANY FEE OR CHARGE ON YOUR PART OR ON THE PART OF THE TRANSFEREE. SAID TRANSFER IS TO BE EFFECTED AT OUR COUNTERS AND IS CONTINGENT UPON:

Form of Letter of Credit. BENEFICIARY Post Mxxxxxxxxx Associates Oxx Xxxxxxxxxx See attached. Exhibit F THIS SAMPLE WORDING IS PRESENTED WITHOUT ANY RESPONSIBILITY ON OUR PART. THIS PROFORMA IS PROVIDED TO YOU AT YOUR REQUEST ONLY AS SUGGESTED WORDING FOR THE LETTER OF CREDIT. PLEASE NOTE THAT THE LETTER OF CREDIT IS IN DRAFT FORM ONLY AND REMAINS UNISSUED AND IS NOT AN ENFORCEABLE INSTRUMENT. =====================================================================begin format ================================================================ Xxxxx Fargo Bank, X.X. X. X. Trade Services Standby Letters of Credit 000 Xxxxx Xxxxxx, Suite 3220 2nd Floor MAC A0283-023 San FranciscoLeandro, CA 94104 Attn: Building Manager APPLICANT Broadpoint Securities Group, Inc. 1 Xxxx Xxxxx Xxx Xxxx, XX CA. 00000-0000 Phone: [*] Option 1 E-Mail: [*] Irrevocable Standby Letter of Credit Number: Issue Date: BENEFICIARY APPLICANT SP DIAMOND STATE CLASS DIAMOND STATE GENERATION B HOLDINGS, LLC HOLDINGS, LLC X/X XXXXXXXX XXXXX XXXXXXX 0000 XXXXX XXXXX XXXXXX 00 XXXX XXXXX XX. BLVD., NW SAN JOSE, CALIFORNIA 95134 BIN SC 1108 XXXXXXX, XX 00000 ATTENTION: [*] LETTER OF CREDIT ISSUE AMOUNT USD [*] EXPIRY DATE: [*] LADIES AND GENTLEMEN: . AT THE REQUEST AND FOR THE ACCOUNT OF DIAMOND STATE GENERATION HOLDINGS, LLC AT 0000 XXXXX XXXXX XXXXXX, XXX XXXX, XX 00000 (“DSGH”), WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. XXXXXXXX _________ (THE “LETTER OF CREDIT”) IN FAVOR OF POST MXXXXXXXXX ASSOCIATES FOR THE ACCOUNT OF BROADPOINT SECURITIES GROUPSP DIAMOND STATE CLASS B HOLDINGS, INC. FOR A SUM NOT EXCEEDING $338,981, AVAILABLE BY YOUR DRAFTS AT SIGHT ON US EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR COUNTERS AT OUR CLOSE OF BUSINESS ON NOVEMBER XX, 0000. DRAFTS DRAWN HEREUNDER MUST BE ACCOMPANIED BY A STATEMENT SIGNED BY ONE OF YOUR AUTHORIZED SIGNATORIES READING AS FOLLOWS: "LLC (“BENEFICIARY”) IN THE AMOUNT OF THE ACCOMPANYING DRAFT IS DUE AND PAYABLE TO THE LANDLORD UNDER A CERTAIN USD [*] AVAILABLE WITH US AT OUR OFFICE LEASE DATED AS LOCATED AT XXXXX FARGO BANK, N.A., U.S. TRADE SERVICES, STANDBY LETTERS OF MARCH 31CREDIT, 2005000 XXXXX XXXXXX, BETWEEN POST MXXXXXXXXX ASSOCIATES AND BROADPOINT SECURITIES GROUP2ND FLOOR, INC." DRAFTS DRAWN HEREUNDER MUST INDICATE: "DRAWN UNDER LETTER OF CREDIT NO. XXXXXXXX SAN LEANDRO, CA 94577-6922 BY PAYMENT AGAINST PRESENTATION OF THE BANK OF NEW YORK MELLON." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR FURTHER PERIODS OF ONE YEAR FROM THE PRESENT AND EACH FUTURE EXPIRATION DATE, UNLESS, AT LEAST THIRTY (30) DAYS PRIOR TO SUCH DATE, WE SHALL SEND YOU NOTICE IN WRITING BY OVERNIGHT COURIER, TO THE ATTENTION OF YOUR BUILDING MANAGER AT THE ABOVE ADDRESS THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. ANY SUCH NOTICE WILL BE EFFECTIVE THREE (3) DAYS AFTER BEING SENT BY US, AND THEREAFTER YOU MAY DRAW DRAFTS(S) ON US AT SIGHT FOR AMOUNTS UP TO THE REMAINING BALANCE OF THIS LETTER OF CREDIT ON OR BEFORE THE THEN APPLICABLE EXPIRATION DATE, AND SUCH DRAFT(S) NEED NOT BE ACCOMPANIED BY ANY STATEMENT. THIS LETTER OF CREDIT IS TRANSFERABLE IN ITS ENTIRETY TO ANY ASSIGNEE OF TRANSFEREE OF YOUR INTEREST IN THE OFFICE LEASE REFERRED TO ABOVE WITHOUT ANY FEE OR CHARGE ON YOUR PART OR ON THE PART OF THE TRANSFEREE. SAID TRANSFER IS TO BE EFFECTED AT OUR COUNTERS AND IS CONTINGENT UPONFOLLOWING DOCUMENTS: