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Bank Account Control Agreement
"I need a Bank Account Control Agreement for a Hong Kong subsidiary of a US tech company, where multiple USD and HKD accounts will be subject to control by a syndicate of lenders, with the agreement to be effective from March 1, 2025."
1. Parties: Identifies the three parties: Account Holder, Secured Party, and Account Bank
2. Background: Explains the context of the agreement, including reference to any underlying security agreement
3. Definitions and Interpretation: Defines key terms and interpretation rules
4. Account Control and Security: Establishes the control arrangement and security interest over the account(s)
5. Bank's Rights and Responsibilities: Sets out the obligations and rights of the bank regarding the controlled account
6. Operating Procedures: Details the procedures for operating the account, including instructions and authorizations
7. Notice of Exclusive Control: Procedures for implementing exclusive control by the secured party
8. Representations and Warranties: Standard representations by all parties
9. Fees and Expenses: Bank's fees and expense reimbursement provisions
10. Indemnification: Indemnities provided to the bank and other parties
11. Term and Termination: Duration of the agreement and termination procedures
12. Notices: Communication procedures between parties
13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, amendments
1. Multiple Account Provisions: Additional provisions when multiple accounts are subject to control
2. Foreign Currency Accounts: Special provisions for accounts held in foreign currencies
3. Electronic Banking Provisions: Provisions regarding electronic banking services and online access
4. Regulatory Compliance: Specific compliance requirements for regulated entities
5. Intercreditor Provisions: Provisions dealing with multiple secured parties
6. Force Majeure: Provisions dealing with extraordinary events affecting account control
7. Special Instructions: Any specific instructions for particular types of transactions
1. Schedule 1 - Account Details: List and details of all controlled accounts
2. Schedule 2 - Authorized Signatories: List of authorized signatories for each party
3. Schedule 3 - Form of Notice of Exclusive Control: Template for secured party to establish exclusive control
4. Schedule 4 - Operating Procedures: Detailed procedures for account operation and control
5. Schedule 5 - Fee Schedule: Bank's fees for maintaining the control agreement
6. Schedule 6 - Form of Termination Notice: Template for termination notices
7. Appendix A - Initial Instructions: Any specific instructions agreed at the outset of the agreement
Authors
Banking
Financial Services
Corporate Lending
Investment Banking
Asset Management
Private Equity
Manufacturing
Real Estate
Infrastructure
Technology
Retail
Healthcare
Legal
Finance
Treasury
Credit Risk
Compliance
Banking Operations
Transaction Management
Security and Collateral Management
Account Management
Client Relations
Legal Counsel
Finance Director
Treasury Manager
Chief Financial Officer
Relationship Manager
Credit Risk Manager
Security Trustee
Facility Agent
Compliance Officer
Banking Operations Manager
Account Manager
Transaction Manager
Senior Legal Counsel
Banking Lawyer
Finance Manager
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