Exhibit 99.1
LASALLE BANK N.A.
GLOBAL TRADE ADVISORY
ABN AMRO PLAZA
540 W. MADISON – 26
TH
FLOOR
CHICAGO, IL 60661
TELEPHONE: 312-904-8462 TELEFAX:
312-904-6303
SWIFT: LASLUS44
SEPTEMBER 16, 2005
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BENEFICIARY:
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APPLICANT:
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THE IRVINE
COMPANY
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EV3
ENDOVASCULAR, INC.
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550 NEWPORT
CENTER DRIVE
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FKA EV3
INC.
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NEWPORT BEACH,
CA 92660
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4600 NATHAN
LANE NORTH
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ATTN: SENIOR
VICE PRESIDENT,
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PLYMOUTH, MN
55442
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OPERATIONS OFFICE
PROPERTIES
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STANDBY LETTER OF CREDIT NUMBER:
S584393
AMOUNT: USD 1,000,000.00
(ONE MILLION AND 00/100 UNITED STATES
DOLLARS)
DATE OF EXPIRY: SEPTEMBER 15, 2006
PLACE OF EXPIRY: OUR COUNTERS
WE HEREBY ISSUE OUR IRROVOCABLE LETTER OF CREDIT
NO. S584393 IN FAVOR OF THE IRVINE COMPANY FOR THE ACCOUNT OF EV3
ENDOVASCULAR, INC. FKA EV3 INC. WE UNDERTAKE TO HONOR YOUR DRAFT OR
DRAFTS AS DESCRIBED BELOW, DELIVERED TO US FROM TIME TO TIME, FOR
ANY SUM OR SUMS NOT TO EXCEED A TOTAL OF ONE MILLION AND 00/100
UNITED STATES DOLLARS (USD 1,000,000.00) IN FAVOR OF SAID
BENEFICIARY AND A LETTER FORM AN OFFICER OF THE IRVINE COMPANY THAT
STATES AS FOLLOWS: “THE “LANDLORD” UNDER THE
LEASE PURSUANT TO WHICH THIS LETTER IF CREDIT WAS ISSUED IS
AUTHORIZED TO DRAW UPON THIS LETTER OF CREDIT IN THE AMOUNT OF THE
ACCOMPANYING DRAFT ACCORDING TO THE TERMS OF ITS LEASE AGREEMENT
WITH THE ACCOUNT PARTY AS “TENANT”.”
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT
IT SHALL REMAIN ENFORCEABLE AGAINST US FOR A PERIOD OF ONE YEAR
FROM THIS DATE AND FURTHER, THAT IT SHALL BE DEEMED AUTOMATICALLY
EXTENDED FOR SUCCESSIVE ONE-YEAR PERIODS WITHOUT AMENDMENT
THEREAFTER UNLESS THIRTY (30) DAYS PRIOR TO THE EXPIRATION
DATE SET FORTH ABOVE, OR WITHIN THIRTY (30) DAYS PRIOR TO THE
END OF ANY YEARLY ANNIVERSARY DATE THEREAFTER, YOU SHALL RECEIVE
OUR NOTICE IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
OR BY COURIER, THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR
ANY SUBSEQUENT YEAR.
THE DRAFT MUST BE MARKED “DRAWN UNDER
LASALLE BANK N.A. LETTER OF CREDIT NO. S584393 DATED SEPTEMBER 16,
2005.”
THIS STANDBY LETTER OF CREDI