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Blocked Account Agreement
"I need a Blocked Account Agreement under Canadian law for a renewable energy project in Ontario, where project revenues will be deposited and controlled by the lender, with Royal Bank of Canada as the account bank and scheduled completion date of March 2025."
1. Parties: Identifies and defines all parties to the agreement: the Account Holder, the Bank, and the Beneficiary
2. Background: Sets out the context and purpose of the agreement, including reference to any related agreements
3. Definitions: Defines key terms used throughout the agreement
4. Account Establishment: Details of the blocked account setup, account number, and initial funding
5. Control and Security Interest: Establishes the security interest and control rights over the account
6. Operating Procedures: Procedures for operating the account, including authorized signatories and permitted transactions
7. Restricted Activities: Specifies activities and transactions that are prohibited or restricted
8. Bank's Rights and Obligations: Details the bank's responsibilities, including monitoring and reporting obligations
9. Account Holder's Representations and Warranties: Standard representations and warranties from the account holder
10. Beneficiary's Rights: Outlines the rights of the beneficiary over the account
11. Fees and Expenses: Details of all applicable fees and responsibility for expenses
12. Notices: Communication procedures and contact details for all parties
13. Events of Default: Defines events that constitute default and consequences
14. Termination: Conditions and process for terminating the agreement
15. General Provisions: Standard boilerplate provisions including governing law, amendments, and assignment
1. Investment Provisions: Required when the blocked account includes investment capabilities or sweep arrangements
2. Internet Banking Access: Include when online viewing access is to be provided to any party
3. Foreign Currency Provisions: Required for accounts handling multiple currencies
4. Tax Reporting: Include when specific tax reporting requirements apply
5. Additional Security Measures: Required when enhanced security or authentication measures are needed
6. Compliance with Specific Regulations: Include when agreement must comply with specific regulatory requirements
7. Third Party Rights: Required when additional parties have specific rights or access to the account
8. Force Majeure: Optional clause for circumstances beyond parties' control affecting account operation
1. Schedule A - Account Details: Specific account information, numbers, and initial balance
2. Schedule B - Authorized Signatories: List of authorized persons who can give instructions regarding the account
3. Schedule C - Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Schedule D - Operating Procedures: Detailed procedures for account operation, including forms and requirements
5. Schedule E - Notice Details: Contact information and notice requirements for all parties
6. Appendix 1 - Form of Instructions: Standard forms for giving instructions regarding the account
7. Appendix 2 - Verification Procedures: Procedures for verifying instructions and authentications
Authors
Banking & Financial Services
Project Finance
Real Estate
Infrastructure
Energy
Mining
Construction
Manufacturing
Telecommunications
Healthcare
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Operations
Project Finance
Transaction Management
Corporate Secretariat
Corporate Lawyer
Banking Lawyer
Finance Manager
Treasury Manager
Credit Manager
Compliance Officer
Project Finance Manager
Account Manager
Risk Manager
Security Trustee
Corporate Secretary
Chief Financial Officer
Financial Controller
Legal Counsel
Transaction Manager
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