Evergreen Letter of Credit | Practical Law

Evergreen Letter of Credit | Practical Law

Evergreen Letter of Credit

Evergreen Letter of Credit

Practical Law Glossary Item 3-525-4858 (Approx. 3 pages)

Glossary

Evergreen Letter of Credit

Also known as an automatic extension letter of credit. A letter of credit that extends automatically at the end of its term. In most cases evergreen letters of credit are standby letters of credit, which commonly have an initial term of one year. The duration of an evergreen letter of credit extends automatically at the end of its initial one-year term, and at the end of any extended term, by one more year. The applicant does not need to request an extension each time and the extension occurs automatically unless the issuing bank notifies the applicant that it will not extend the letter of credit, which it can do once each year. The issuing bank usually must give the applicant 30 days' notice of its decision not to extend.
Evergreen letters of credit are typically used in commercial real estate transactions to secure outstanding obligations of a party, such as:
  • A seller's post-closing indemnification obligations.
  • A tenant's obligations for payment and performance under a lease agreement.
  • A borrower's obligations and indemnity to a lender in connection with a mortgage financing.