Common use of Letter of Credit No Clause in Contracts

Letter of Credit No. If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, 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. This Letter of Credit expires at our above office on February __, 2002 but shall be automatically extended, without written amendment, first to February __, 2003 and then to, but not beyond January 30, 2004 unless we have sent written notice to you at your address above by registered mail or express courier and also to M-F Downtown Sunnyvale, LLC c/o The Mozart Development Company, 1068 Xxxx Xxxxxx Xxxxxx, Xxxx Xxxx, XX 00000, Xxtention: John Xxxxxx xx registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice which date will be February __, 2002 or February __, 2003 and be at least 30 calendar days after the date we send both of you such notice. This Letter of Credit is transferable. Transfer may be affected only through ourselves and only upon payment of our usual transfer fee of .25% of the amount transferred, with a minimum of $250.00 and a maximum of $5,000.00 and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the form attached to this Letter of Credit as Exhibit A together with the original of this Letter of Credit. This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours WELLX XXXGO BANK, N.A. BY: _____________________________ (AUTHORIZED SIGNATURE) EXHIBIT A WELLX XXXGO BANK, N.A. LETTER OF CREDIT NO. _____ ================================================================================ Date: _______________ Wellx Xxxgo Bank, N.A. Trade Services Division, Northern California 525 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Xxbject: Your Letter of Credit No. _________ Ladies and Gentlemen: For value received, we hereby irrevocably assign and transfer all our rights under the above-captioned Letter of Credit, as heretofore and hereafter amended, extended or increased, to: ------------------------- [INSERT NAME OF TRANSFEREE] ------------------------- ------------------------- [INSERT ADDRESS] By this transfer, all of our rights in the Letter of Credit are transferred to the transferee, and the transferee shall have sole rights as beneficiary under the Letter of Credit, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. You are hereby irrevocably instructed to advise future amendment(s) of the Letter of Credit to the transferee without our consent or notice to us. Enclosed are the original Letter of Credit and the original of all amendments to this date. Also enclosed is $_______________ in payment of your transfer commission (1/4% of the amount transferred, minimum $250.00 and maximum $5,000.00). Please notify the transferee of this transfer and of the terms and conditions of the Letter of Credit as transferred. this transfer will not become effective until the transferee is so notified. Very truly yours, [INSERT NAME OF TRANSFEROR] By: ______________________________ Name: __________________________ Title: __________________________ Signature of Transferor Guaranteed [INSERT NAME OF BANK] By: ______________________________ Name: __________________________ Title: __________________________ ================================================================================ AGREED TO AND ACCEPTED BY: ------------------------- APPLICANT

Letter of Credit No. If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, 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. This Letter of Credit expires at our above office on February __, 2002 but shall be automatically extended, without written amendment, first to February __, 2003 and then _ in each succeeding calendar year up to, but not beyond January 30February 1, 2004 2015 unless we have sent written notice to you at your address above by registered mail or express courier and also to M-F Downtown Sunnyvale, LLC c/o The Mozart Development CompanyXxx Xxxxxx Xxxxxxxxxxx Xxmpany, 1068 Xxxx Xxxxxx Xxxxxx, Xxxx Xxxx, XX 00000, Xxtention: John Xxxxxx xx registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice which date will be February __, 2002 or any subsequent February ___ occurring before February 1, 2003 2015 and be at least 30 calendar days after the date we send both of you such notice. This Letter of Credit is transferable. Transfer may be affected only through ourselves and only upon payment of our usual transfer fee of .25% of the amount transferred, with a minimum of $250.00 and a maximum of $5,000.00 and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the form attached to this Letter of Credit as Exhibit A together with the original of this Letter of Credit. Credit This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours WELLX XXXGO BANK, N.A. BY: _____________________________ -------------------------------------- (AUTHORIZED SIGNATURE) EXHIBIT A WELLX XXXGO BANK, N.A. LETTER OF CREDIT NO. _____ ================================================================================ Date: _______________ Wellx Xxxgo Bank, N.A. Trade Services Division, Northern California 525 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Xxbject: Your Letter of Credit No. _________ Ladies and Gentlemen: For value received, we hereby irrevocably assign and transfer all our rights under the above-captioned Letter of Credit, as heretofore and hereafter amended, extended or increased, to: ------------------------- ------------------------------ [INSERT NAME OF TRANSFEREE] ------------------------- ------------------------- ------------------------------ ------------------------------ [INSERT ADDRESS] By this transfer, all of our rights in the Letter of Credit are transferred to the transferee, and the transferee shall have sole rights as beneficiary under the Letter of Credit, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. You are hereby irrevocably instructed to advise future amendment(s) of the Letter of Credit to the transferee without our consent or notice to us. Enclosed are the original Letter of Credit and the original of all amendments to this date. Also enclosed is $_______________ in payment of your transfer commission (1/4% of the amount transferred, minimum $250.00 and maximum $5,000.00). Please notify the transferee of this transfer and of the terms and conditions of the Letter of Credit as transferred. this transfer will not become effective until the transferee is so notified. Very truly yours, [INSERT NAME OF TRANSFEROR] By: ______________________________ ---------------------------------- Name: __________________________ ----------------------------- Title: __________________________ ----------------------------- ================================================================================ Signature of Transferor Guaranteed [INSERT NAME OF BANK] By: ______________________________ ------------------------------- Name: __________________________ ---------------------------- Title: __________________________ --------------------------- ================================================================================ AGREED TO AND ACCEPTED BY: ------------------------- APPLICANT---------------------------------- APPLICANT ---------------------------------- AUTHORIZED SIGNATURE

Letter of Credit No. If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, 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. This Letter of Credit expires at our above office on February __, 2002 but shall be automatically extended, without written amendment, first to February __, 2003 and then to, but not beyond January 30, 2004 unless we have sent written notice to you at your address above by registered mail or express courier and also to M-F Downtown Sunnyvale, LLC c/o The Mozart Development Company, 1068 Xxxx Xxxxxx Xxxxxx, Xxxx Xxxx, XX 00000, Xxtention: John Xxxxxx xx registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice which date will be February __, 2002 or February __, 2003 and be at least 30 calendar days after the date we send both of you such notice. This Letter of Credit is transferable. Transfer may be affected only through ourselves and only upon payment of our usual transfer fee of .25% of the amount transferred, with a minimum of $250.00 and a maximum of $5,000.00 and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the form attached to this Letter of Credit as Exhibit A together with the original of this Letter of Credit. Credit This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours WELLX XXXGO BANK, N.A. BY: _____________________________ ---------------------------- (AUTHORIZED SIGNATURE) EXHIBIT A WELLX XXXGO BANK, N.A. LETTER OF CREDIT NO. _________ ================================================================================ Date: __________________ Wellx Xxxgo Bank, N.A. Trade Services Division, Northern California 525 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Xxbject: Your Letter of Credit No. ___________ Ladies and Gentlemen: For value received, we hereby irrevocably assign and transfer all our rights under the above-captioned Letter of Credit, as heretofore and hereafter amended, extended or increased, to: ------------------------- _______________________________ [INSERT NAME OF TRANSFEREE] ------------------------- ------------------------- [INSERT ADDRESS] _______________________________ By this transfer, all of our rights in the Letter of Credit are transferred to the transferee, and the transferee shall have sole rights as beneficiary under the Letter of Credit, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. You are hereby irrevocably instructed to advise future amendment(s) of the Letter of Credit to the transferee without our consent or notice to us. Enclosed are the original Letter of Credit and the original of all amendments to this date. Also enclosed is $_______________ in payment of your transfer commission (1/4% of the amount transferred, minimum $250.00 and maximum $5,000.00). Please notify the transferee of this transfer and of the terms and conditions of the Letter of Credit as transferred. this transfer will not become effective until the transferee is so notified. Very truly yours, [INSERT NAME OF TRANSFEROR] By: _________________________________ Name: ______________________________ Title: ______________________________ Signature of Transferor Guaranteed [INSERT NAME OF BANK] By: ______________________________ Name: ____________________________ Title: __________________________ ================================================================================ AGREED TO AND ACCEPTED BY: ------------------------- _______________________________ APPLICANT

Letter of Credit No. If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, 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. This Letter of Credit expires at our above office on February __, 2002 but shall be automatically extended, without written amendment, first to February __, 2003 and then _ in each succeeding calendar year up to, but not beyond January 30February 1, 2004 2015 unless we have sent written notice to you at your address above by registered mail or express courier and also to M-F Downtown Sunnyvale, LLC c/o The Mozart Development Company, 1068 Xxxx Xxxxxx Xxxxxx, Xxxx Xxxx, XX 00000, Xxtention: John Xxxxxx xx registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice which date will be February __, 2002 or any subsequent February ___ occurring before February 1, 2003 2015 and be at least 30 calendar days after the date we send both of you such notice. This Letter of Credit is transferable. Transfer may be affected only through ourselves and only upon payment of our usual transfer fee of .25% of the amount transferred, with a minimum of $250.00 and a maximum of $5,000.00 and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the form attached to this Letter of Credit as Exhibit A together with the original of this Letter of Credit. Credit This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours WELLX XXXGO BANK, N.A. BY: _____________________________ ------------------------------------- (AUTHORIZED SIGNATURE) EXHIBIT A WELLX XXXGO BANK, N.A. LETTER OF CREDIT NO. _____ ================================================================================ Date: _______________ Wellx Xxxgo Bank, N.A. Trade Services Division, Northern California 525 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Xxbject: Your Letter of Credit No. _________ Ladies and Gentlemen: For value received, we hereby irrevocably assign and transfer all our rights under the above-captioned Letter of Credit, as heretofore and hereafter amended, extended or increased, to: ------------------------- ---------------------------- [INSERT NAME OF TRANSFEREE] ------------------------- ------------------------- ---------------------------- ---------------------------- [INSERT ADDRESS] By this transfer, all of our rights in the Letter of Credit are transferred to the transferee, and the transferee shall have sole rights as beneficiary under the Letter of Credit, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. You are hereby irrevocably instructed to advise future amendment(s) of the Letter of Credit to the transferee without our consent or notice to us. Enclosed are the original Letter of Credit and the original of all amendments to this date. Also enclosed is $_______________ in payment of your transfer commission (1/4% of the amount transferred, minimum $250.00 and maximum $5,000.00). Please notify the transferee of this transfer and of the terms and conditions of the Letter of Credit as transferred. this transfer will not become effective until the transferee is so notified. Very truly yours, [INSERT NAME OF TRANSFEROR] By: ______________________________ --------------------------------------- Name: __________________________ ----------------------------------- Title: __________________________ ---------------------------------- Signature of Transferor Guaranteed [INSERT NAME OF BANK] By: ______________________________ ---------------------------------- Name: __________________________ -------------------------------- Title: __________________________ ------------------------------- ================================================================================ AGREED TO AND ACCEPTED BY: ------------------------- APPLICANTAPPLICANT ------------------------- AUTHORIZED SIGNATURE