Not So Evergreen:  Court Limits Duration of Auto-Extension Clause in Letter of Credit

Paul Roder examines why the Court decision in Starr Indemnity is troubling both in its interpretation of the auto-extension clause and the practical effect it may have on the industry. 

Not So Evergreen:  Court Limits Duration of Auto-Extension Clause in Letter of Credit

Many letters of credit contain an automatic extension (or “evergreen”) clause. Typically, such a clause provides that the expiration date of an LC automatically extends (without amendment) for set, successive periods of time (usually annually) unless the issuer provides notice to the beneficiary that the issuer will not further extend. 

A recent case decided in the U.S. District Court for the Southern District of New York highlights the risk to issuers, applicants, and beneficiaries alike in employing imprecise or potentially ambiguous language in an auto-extension clause.

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