Part Two of a Two-Part Series
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.
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.
Part Two of a Two-Part Series
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.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.
NOT FOR REPRINT
© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Notice of Pendency Provided Constructive Notice to Foreclosure Sale Purchaser
Zoning Board Properly Construed OrdinanceNeighbors’ Open Meetings Law Challenge to Lease to Wireless Character Was UntimelyPlanning Board Not Bound to Consider Approval’s Impact on Easement or Covenant
Tax Escalation Clause Does Not Entitle Landlord to Collect Additional Rent On Taxes Landlord Did Not PayGood Guy Guaranty Does Not Cover Obligations Accruing After SurrenderStipulation In Prior Proceeding Did Not Bar Use and Occupancy ClaimFlooding Was Outside the Scope of Landlord’s Responsibility