Using Letters of Credit to Secure Lease Obligations

As discussed in Part One last month, a tenant may be able to apply for and have its bank issue to its landlord a letter of credit ("L/C") to secure the tenant's obligations under a long-term lease. From the tenant's perspective, an L/C may be preferable to a large security deposit. An L/C will not necessarily tie up large amounts of the tenant's cash or other liquid collateral, as would a security deposit. Instead, the cash can be deployed as working capital in the tenant's business. Part One discussed six tips for drafting an L/C: 1) <i>Use the ISP (International Standby Practices 1998) instead of the UCP (Uniform Customs and Practice for Documentary Credits)</i>; 2) <i>Keep the Draw Conditions Simple</i>; 3) <i>Avoid Documents Not Within the Landlord's Control</i>; 4) <i>Allow Partial Draws</i>; 5) <i>Avoid Specification of Use of Funds</i>; 6) <i>Provide for Coverage of a Settlement Period After Lease Termination.</i> This conclusion provides six more tips that address issues such as providing coverage of the settlement period after lease termination, shortening the time period to honor the letter and using a transferable L/C. It also discusses matters of concern to the issuing bank.

10 minute read October 04, 2005 at 09:19 AM

By

Carter H. Klein