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The Account Control Agreement Collateral is a critical security document used in German financing transactions where bank accounts serve as collateral. It is typically required in project financings, secured lending transactions, and structured financial arrangements where a lender or security holder needs to establish control over the borrower's accounts. The agreement complies with German law requirements for creating and perfecting security interests over bank accounts, incorporating specific provisions required under the German Civil Code (BGB) and Banking Act (KWG). It establishes the mechanism for controlling account operations, defines the rights and obligations of all parties, and includes provisions for enforcement in accordance with German law and EU financial collateral regulations. The document is essential for securing the position of lenders and creating effective security over German bank accounts.

1. Parties: Identifies the three key parties: Account Holder (Kontoinhaber), Secured Party (Sicherungsnehmer), and Account Bank (Kontoführende Bank)

2. Background: Explains the underlying security arrangement and purpose of the account control agreement

3. Definitions: Defines key terms used throughout the agreement, including Account, Security Interest, Control Rights, and Notice requirements

4. Account Control Arrangements: Details the mechanism for control over the account, including operational procedures and authority levels

5. Security Interest Confirmation: Confirms the creation and perfection of the security interest under German law

6. Bank's Rights and Obligations: Specifies the account bank's duties, including following instructions and maintaining the account

7. Account Holder's Rights and Obligations: Details the account holder's permitted activities and restrictions regarding the account

8. Secured Party's Rights and Obligations: Outlines the secured party's control rights and responsibilities

9. Instructions and Notices: Procedures for giving and acting on instructions, including format requirements and timing

10. Representations and Warranties: Standard representations from all parties regarding authority, capacity, and account status

11. Events of Default: Defines triggering events that allow enforcement of control rights

12. Enforcement: Procedures for exercising control rights following an event of default

13. Fees and Expenses: Details of bank fees and allocation of costs

14. Term and Termination: Duration of the agreement and termination provisions

15. Governing Law and Jurisdiction: Confirms German law governance and jurisdiction for disputes