Examples of Evergreen clause in a sentence
Evergreen clause" means one that specifically states the expiration of a letter of credit will not take place without a 60-day notice by the issuer and one that allows the issuer to conduct an annual review of the account party's financial condition.
Richards had argued that the Evergreen clause was deceptive because a reasonable consumer would interpret it to mean that Direct Energy would charge consumers its procurement costs, plus a fixed profit margin.
At the same time, the experts made clear that they did not “offer an opinion on” how the Evergreen clause should be interpreted.
The Evergreen clause states that Direct Energy had “discretion” to set the variable rate “based upon business and market conditions.” J.A. 157.
These experts opined only on what factors the variable rate should reflect, in their view, while declining to “offer an opinion on” how the Evergreen clause should be interpreted.