Common use of Letter of Credit No Clause in Contracts

Letter of Credit No. Except as statxx xx this Letter of Credit, our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation under this Letter of Credit will be our individual obligation in no way contingent upon reimbursement with respect thereto. 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 is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under the Letter of Credit at the time of such transfer. Any such transfer may be effected only through ourselves and only upon presentation to us at our above-specified office of a duly executed instrument of transfer substantially in the format attached hereto as Exhibit B (which forms an integral part of this Irrevocable Letter of Credit), together with the original of this Letter of Credit and signed document as described above. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above-specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges in connection with any transfer shall be for the account of Interwoven, Inc. This Letter of Credit expires at our above office on June 30, 2002, but shall be automatically extended, without written amendment, to June 30 in each succeeding calendar year (the "Annual Renewal Date") (provided that the final expiration date shall not extend beyond February 23, 2012), unless we have sent written notice to you at your address above by 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 June 30, 2002, or any subsequent June 30 occurring before February 23, 2012. Any such notice of nonrenewal shall be sent at least forty-five (45) calendar days prior to the Annual Renewal Date. 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 WELLS FARGO BANK, N.A. BY: _____________________________ (AUTHORIZED SIGNATURE) Exhibit A Wells Fargo Bank, N.A. Letter of Xxxxxt No. _________ _____________________, CALIFORNIA [insert date] AT SIGHT PAY TO THE ORDER OF [insert Beneficiary name] US$ [insert amount in numbers] [insert amount in words] U.S. DOLLARS ------------------------------------------------------- DRAWN UNDER WELLS FARGO BANK, N.A. LETTER OF CREDIT NO. _______________ THIS SIXXX XRAFT IS ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND WRITTEN CERTIFICATION OF AN OFFICER OF BENEFICIARY AS REQUIRED BY THE LETTER OF CREDIT. TO: WELLS FARGO BANK, N.A. [insert Beneficiary name] ADDRESS: [insert signature] ------------------------------ AUTHORIZED SIGNATURE [insert Beneficiary name and insert signature on the back of the draft as an endorsement] Exhibit B Wells Fargo Bank, N.A. Letter of Credix Xx. _________ Date: _______________ Wells Fargo Bank, N.A. Trade Services Division, Northern California 000 Xarket Street, 25th Floor San Francisco, California 94105 Subjexx: Xxxx Xxxxxx xx Xxxxxx Xx. _________ Xxxxxx xxx Xxxxxxxxx: 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. 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 Authenticated [insert name of bank] By: ______________________________ Name: ____________________________ Title: ___________________________ CONSENT TO SUBLEASE This Consent to Sublease (this "Sublease Consent") is made and entered into as of August 3, 2001, by and among Moffett Park Drive LLC, a California limited liability company ("Mofxxxx"), Ariba, Inc., a Delaware corporation ("Ariba"), and Interwxxxx, Xnc., a Delaware corporation ("Interwoven").

Letter of Credit No. Except as statxx xx xxxxed in this Letter of Credit, our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation under this Letter of Credit will be our individual obligation in no way contingent upon reimbursement with respect thereto. 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 is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under the Letter of Credit at the time of such transfer. Any such transfer may be effected only through ourselves and only upon presentation to us at our above-specified office of a duly executed instrument of transfer substantially in the EXHIBIT H format attached hereto as Exhibit B (which forms an integral part of this Irrevocable Letter of Credit), together with the original of this Letter of Credit and signed document as described above. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above-specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges in connection with any transfer shall be for the account of InterwovenNetScreen Technologies, Inc. This Letter of Credit expires at our above office on June 30February 28, 20022003, but shall be automatically extended, without written amendment, to June 30 February 28 in each succeeding calendar year (the "Annual Renewal Date") (provided that the final expiration date shall up to and including, but not extend beyond beyond, February 2328, 2012)2008, unless we have sent written notice to you Beneficiary at your the address above (or at such other address specified in a duly executed instrument of transfer) by registered mail or express courier that we elect not to renew this letter Letter of credit Credit beyond the date specified in such notice (the "Expiration Date") which date Expiration Date will be June 30February 28, 20022003, or any subsequent June 30 February 28 occurring before February 2328, 2012. Any such notice of nonrenewal shall 2009 and be sent at least forty-five thirty (4530) calendar days prior to after the Annual Renewal Datedate we send you such notice. 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 WELLS FARGO BANK, N.A. BY: _____________________________ ----------------------------- (AUTHORIZED SIGNATURE) Exhibit A Wells Fargo Bank, N.A. Letter of Xxxxxt No. _________ _____________________, CALIFORNIA [insert date] AT SIGHT PAY TO THE ORDER OF [insert Beneficiary name] US$ [insert amount in numbers] [insert amount in words] U.S. DOLLARS ------------------------------------------------------- DRAWN UNDER WELLS FARGO BANK, N.A. LETTER OF CREDIT NO. _______________ THIS SIXXX XRAFT IS ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND WRITTEN CERTIFICATION OF AN OFFICER OF BENEFICIARY AS REQUIRED BY THE LETTER OF CREDIT. TO: WELLS FARGO BANK, N.A. [insert Beneficiary name] ADDRESS: [insert signature] ------------------------------ AUTHORIZED SIGNATURE [insert Beneficiary name and insert signature on the back of the draft as an endorsement] Exhibit B Wells Fargo Bank, N.A. Letter of Credix Xx. _________ Date: _______________ Wells Fargo Bank, N.A. Trade Services Division, Northern California 000 Xarket Street, 25th Floor San Francisco, California 94105 Subjexx: Xxxx Xxxxxx xx Xxxxxx Xx. _________ Xxxxxx xxx Xxxxxxxxx: 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. 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 Authenticated [insert name of bank] By: ______________________________ Name: ____________________________ Title: ___________________________ CONSENT TO SUBLEASE This Consent to Sublease (this "Sublease Consent") is made and entered into as of August 3, 2001, by and among Moffett Park Drive LLC, a California limited liability company ("Mofxxxx"), Ariba, Inc., a Delaware corporation ("Ariba"), and Interwxxxx, Xnc., a Delaware corporation ("Interwoven").EXHIBIT H

Letter of Credit No. Except as statxx xx This Letter of Credit expires at our above office on September 15, 2003, but shall be automatically extended, without written amendment, to September 15, in each succeeding calendar year up to but not beyond, September 15, 2005 unless at least ninety (90) days prior to the then current Expiration Date, we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the “Expiration Date”) which Expiration date will be September 15, 2003 or any subsequent September 15 occurring before September 15, 2005 and be at least ninety (90) days after the date we send you such notice. Upon our sending you such notice of the non-renewal of the expiration date of this Letter of Credit, our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation you may also draw under this Letter of Credit by presentation to us at our above address, on or before the expiration date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: “The undersigned, an authorized representative of (Insert name of Beneficiary), hereby certifies that we have received notice of non-renewal from Wxxxx Fargo Bank, N. A. (“Non-renewal Notice”) that Wxxxx Fargo Bank Letter of Credit No. NZS will not be renewed beyond its current expiry date and we have not received a replacement letter of credit within ten (10) business days following the date of such Non-Renewal Notice.” This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under this Letter of Credit at the time of each transfer. Any such transfer may be affected only through ourselves and only upon payment of our individual obligation usual transfer fee and upon presentation to us at our above-specified office of a duly executed instrument of transfer in no way contingent upon reimbursement the format attached hereto as Exhibit A together with respect theretothe original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges for the transfer are for the account of Palm, Inc.. If any authenticated, signed and dated written instructions accompanying a drawing under this Letter of Credit request that the 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 is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under the Letter of Credit at the time of such transfer. Any such transfer may be effected only through ourselves and only upon presentation to us at our above-specified office of a duly executed instrument of transfer substantially in the format attached hereto as Exhibit B (which forms an integral part of this Irrevocable Letter of Credit), together with the original of this Letter of Credit and signed document as described above. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above-specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges in connection with any transfer shall be for the account of Interwoven, Inc. This Letter of Credit expires at our above office on June 30, 2002, but shall be automatically extended, without written amendment, to June 30 in each succeeding calendar year (the "Annual Renewal Date") (provided that the final expiration date shall not extend beyond February 23, 2012), unless we have sent written notice to you at your address above by 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 June 30, 2002, or any subsequent June 30 occurring before February 23, 2012. Any such notice of nonrenewal shall be sent at least forty-five (45) calendar days prior to the Annual Renewal Date. This Letter of Credit is subject to the Uniform Customs and Practice For for Documentary Credits (1993 Revisionrevision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours WELLS yours, WXXXX FARGO BANK, N.A. BY: _____________________________ (AUTHORIZED SIGNATURE) Exhibit A Wells Fargo Bank, N.A. Letter of Xxxxxt No. _________ _____________________, CALIFORNIA [insert date] AT SIGHT PAY TO THE ORDER OF [insert Beneficiary name] US$ [insert amount in numbers] [insert amount in words] U.S. DOLLARS ------------------------------------------------------- DRAWN UNDER WELLS FARGO BANK, N.A. LETTER OF CREDIT NO. _______________ THIS SIXXX XRAFT IS ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND WRITTEN CERTIFICATION OF AN OFFICER OF BENEFICIARY AS REQUIRED BY THE LETTER OF CREDIT. TO: WELLS FARGO BANK, N.A. [insert Beneficiary name] ADDRESS: [insert signature] ------------------------------ AUTHORIZED SIGNATURE [insert Beneficiary name and insert signature on the back of the draft as an endorsement] Exhibit B Wells Fargo Bank, N.A. Letter of Credix Xx. _________ Date: _______________ Wells Fargo Bank, N.A. Northern California Trade Services DivisionDivision 500 Xxxxxx Xxxxxx, Northern California 000 Xarket Street00xx Xxxxx Xxx Xxxxxxxxx, 25th Floor San Francisco, California 94105 Subjexx: Xxxx Xxxxxx xx Xxxxxx Xx. _________ Xxxxxx xxx Xxxxxxxxx: 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. 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 Authenticated [insert name of bank] By: ______________________________ Name: ____________________________ Title: ___________________________ CONSENT TO SUBLEASE This Consent to Sublease (this "Sublease Consent") is made and entered into as of August 3, 2001, by and among Moffett Park Drive LLC, a California limited liability company ("Mofxxxx"), Ariba, Inc., a Delaware corporation ("Ariba"), and Interwxxxx, Xnc., a Delaware corporation ("Interwoven").Xxxxxxxxxx 00000

Letter of Credit No. Except as statxx xx stated in this Letter of Credit, our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation under this Letter of Credit will be our individual obligation in no way contingent upon reimbursement with respect thereto. 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 is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under the Letter of Credit at the time of such transfer. Any such transfer may be effected only through ourselves and only upon presentation to us at our above-specified office of a duly executed instrument of transfer substantially in the format attached hereto as Exhibit B (which forms an integral part of this Irrevocable Letter of Credit), together with the original of this Letter of Credit and signed document as described above. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above-specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges in connection with any transfer shall be for the account of Interwoven, Inc. This Letter of Credit expires at our above office on June 30, 2002, but shall be automatically extended, without written amendment, to June 30 in each succeeding calendar year (the "Annual Renewal Date") (provided that the final expiration date shall not extend beyond February 23, 2012), unless we have sent written notice to you at your address above by 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 June 30, 2002, or any subsequent June 30 occurring before February 23, 2012. Any such notice of nonrenewal shall be sent at least forty-five (45) calendar days prior to the Annual Renewal Date. 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 WELLS XXXXX FARGO BANK, N.A. BY: _____________________________ (AUTHORIZED SIGNATURE) Exhibit A Wells Xxxxx Fargo Bank, N.A. Letter of Xxxxxt Credit No. _________ ================================================================================ _____________________, CALIFORNIA [insert date] ------------------------------------------- AT SIGHT PAY TO THE ORDER OF [insert Beneficiary name] US$ name]__US$ [insert amount in numbers] [insert amount in words] U.S. DOLLARS ------------------------------------------------------- DRAWN UNDER WELLS XXXXX FARGO BANK, N.A. LETTER OF CREDIT NO. _______________ THIS SIXXX XRAFT SIGHT DRAFT IS ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND WRITTEN CERTIFICATION OF AN OFFICER OF BENEFICIARY AS REQUIRED BY THE LETTER OF CREDIT. TO: WELLS FARGO BANK, N.A. [insert Beneficiary name] ADDRESS: [insert signature] ------------------------------ AUTHORIZED SIGNATURE [insert Beneficiary name and insert signature on the back of the draft as an endorsement] Exhibit B Wells Fargo Bank, N.A. Letter of Credix Xx. _________ Date: _______________ Wells Fargo Bank, N.A. Trade Services Division, Northern California 000 Xarket Street, 25th Floor San Francisco, California 94105 Subjexx: Xxxx Xxxxxx xx Xxxxxx Xx. _________ Xxxxxx xxx Xxxxxxxxx: 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. 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 Authenticated [insert name of bank] By: ______________________________ Name: ____________________________ Title: ___________________________ CONSENT TO SUBLEASE This Consent to Sublease (this "Sublease Consent") is made and entered into as of August 3, 2001, by and among Moffett Park Drive LLC, a California limited liability company ("Mofxxxx"), Ariba, Inc., a Delaware corporation ("Ariba"), and Interwxxxx, Xnc., a Delaware corporation ("Interwoven").