By Mark S. Levenson, Esq. and Jeffrey Gaskill, Esq.
It should come as little surprise that as the world becomes ever more interconnected so too does the international investment market. The United States commercial real estate market has been a major beneficiary of foreign investments over the last several years and, in turn, U.S. based sellers, lenders and landlords have had to recalibrate their due diligence procedures. One significant difference when dealing with foreign investment opportunities is the use of a Letter of Credit which will give assurance to the U.S. seller, lender or landlord that the foreign entity or individual has the sums of capital that it purports to have and that the capital is available for its stated purpose. While fairly simple in form, a Letter of Credit requires proper review and negotiation to ensure its effectiveness and this article will provide an understanding of its mechanics.