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Deposit Control Agreement
"I need a Deposit Control Agreement under Irish law for a renewable energy project, where Bank of Ireland will act as the Account Bank and Green Energy Finance Ltd as the Control Agent, to be effective from March 1, 2025."
1. Parties: Identifies and defines the Depositor, Account Bank, and Control Agent/Secured Party
2. Background: Sets out the context of the agreement, including reference to any related financing arrangements
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Establishment of Control: Establishes the Control Agent's authority over the deposit account
5. Account Operation: Details the operational procedures for managing the account
6. Control Agent's Rights and Instructions: Specifies the Control Agent's rights and the procedure for giving instructions
7. Depositor's Rights and Restrictions: Outlines the Depositor's permitted activities and limitations
8. Bank's Rights and Obligations: Sets out the Account Bank's responsibilities and protections
9. Representations and Warranties: Contains standard representations and warranties from all parties
10. Notice Requirements: Details the procedures for giving notices under the agreement
11. Fees and Expenses: Addresses the payment of fees and expenses
12. Term and Termination: Specifies the duration and termination provisions
13. Miscellaneous: Contains standard boilerplate provisions
14. Governing Law and Jurisdiction: Specifies Irish law as governing law and jurisdiction
1. Multiple Account Provisions: Additional provisions when multiple deposit accounts are subject to control
2. Currency Provisions: Specific provisions for handling multiple currencies
3. Regulatory Compliance: Additional provisions addressing specific regulatory requirements
4. Interest Provisions: Provisions dealing with interest earned on the controlled accounts
5. Investment Provisions: Provisions regarding permitted investments of deposited funds
6. Electronic Banking Provisions: Specific provisions for electronic banking services and security
7. Intercreditor Provisions: Provisions addressing relationships with other creditors if applicable
1. Account Details: Schedule listing all controlled accounts and their details
2. Authorized Signatories: List of authorized signatories for each party
3. Form of Notice: Standard form of notices to be used under the agreement
4. Operating Procedures: Detailed procedures for account operation and control
5. Fee Schedule: Details of fees payable to the Account Bank
6. Form of Instruction: Standard form for Control Agent instructions
7. Permitted Investments: List of permitted investments if applicable
Authors
Banking
Financial Services
Corporate Lending
Asset Management
Investment Banking
Private Equity
Commercial Real Estate
Infrastructure Finance
Project Finance
Corporate Treasury
Legal
Finance
Treasury
Banking Operations
Compliance
Risk Management
Corporate Banking
Transaction Management
Security Administration
Account Services
Finance Director
Treasury Manager
Corporate Banker
Relationship Manager
Legal Counsel
Compliance Officer
Security Trustee
Account Manager
Credit Risk Manager
Operations Manager
Transaction Manager
Corporate Finance Manager
Banking Operations Officer
Security Administrator
Project Finance Manager
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