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Control Agreement Bank Account
"I need a Control Agreement Bank Account for a syndicated facility closing in March 2025, where multiple secured parties require control over three USD-denominated accounts held with an Australian branch of an international bank, with special provisions for automated sweep arrangements."
1. Parties: Identifies the three key parties: Account Holder, Secured Party, and Account Bank
2. Background: Explains the context of the security arrangement and references the primary security agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Account Control: Core provisions establishing control over the account and operational procedures
5. Bank's Rights and Obligations: Details the bank's responsibilities, including following instructions and maintaining the account
6. Secured Party's Rights: Specifies the secured party's rights to give instructions and control the account
7. Account Holder's Rights and Restrictions: Outlines the account holder's remaining rights and limitations
8. Instructions and Communications: Procedures for giving and acting on account instructions
9. Fees and Expenses: Addresses banking fees and costs related to the control arrangement
10. Representations and Warranties: Standard representations from all parties regarding authority and capacity
11. Term and Termination: Duration of the agreement and termination procedures
12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Multi-Currency Provisions: Include when the controlled account holds multiple currencies
2. Internet Banking Access: Include when online banking access needs to be regulated
3. Sweep Arrangements: Include when there are automated fund transfers to be maintained
4. Priority Arrangements: Include when multiple secured parties have interests in the account
5. Set-off Rights: Include when the bank's set-off rights need to be specifically addressed
6. Force Majeure: Include when specific force majeure provisions are required beyond standard provisions
7. Tax Provisions: Include when specific tax implications need to be addressed
8. Foreign Law Considerations: Include when international elements affect the control arrangement
1. Account Details: Details of the controlled account(s) including account numbers and branches
2. Authorized Signatories: List of persons authorized to give instructions for each party
3. Form of Instructions: Template forms for standard instructions under the agreement
4. Notice Details: Contact information and notice requirements for all parties
5. Fee Schedule: Detailed breakdown of applicable bank fees and charges
6. Operating Procedures: Detailed procedures for account operation and instruction processing
7. Form of Release Notice: Template for termination and release of control
8. Existing Security Interests: Details of any existing security interests affecting the account
Authors
Banking and Financial Services
Corporate Lending
Project Finance
Real Estate Finance
Infrastructure
Mining and Resources
Manufacturing
Retail
Technology
Healthcare
Agriculture
Energy and Utilities
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Operations
Transaction Management
Corporate Banking
Project Finance
Security Administration
Finance Lawyer
Banking Lawyer
Corporate Lawyer
Legal Counsel
Chief Financial Officer
Treasury Manager
Finance Manager
Security Trustee
Facility Agent
Relationship Manager
Credit Manager
Risk Manager
Compliance Officer
Transaction Manager
Project Finance Manager
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