Letters of Credit Can Become Worthless
The deep and prolonged crisis in the financial services industry will result in numerous FDIC insured banks facing receivership or conservatorship. Undrawn letters of credit issued by these institutions are likely to be worthless. Parties to letter of credit transactions are advised to look carefully at their letters of credit and related documentation and enforce their right to require certain letters of credit to be replaced or, where possible, revise documents to require replacement of letters of credit issued by troubled institutions. At the end of this Alert, we have provided several suggested courses of action.
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