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Securities Account Control Agreement
"I need a Securities Account Control Agreement under English law for a portfolio of UK equities held by ABC Bank as intermediary, where XYZ Investment Fund is granting security over the account to secure a £50 million loan facility starting March 2025."
1. Parties: Identifies the account holder, secured party, and securities intermediary
2. Background: Sets out the context of the agreement and underlying security arrangement
3. Definitions: Defines key terms used throughout the agreement including account, securities, control, and relevant regulations
4. Account Control: Core provisions regarding control over the securities account and the secured party's rights
5. Security Interest: Provisions regarding the creation and maintenance of the security interest over the account
6. Rights and Obligations of Securities Intermediary: Duties and responsibilities of the securities intermediary including compliance with instructions
7. Instructions and Notice: Procedures for giving instructions and notices regarding the account
8. Representations and Warranties: Standard representations and warranties from all parties
9. Term and Termination: Duration of agreement and termination provisions
1. Intermediary's Fees: Optional section covering the intermediary's fees and payment terms when not covered in a separate agreement
2. Foreign Law Securities: Additional provisions for securities governed by foreign law when the portfolio includes non-UK securities
3. Multiple Secured Parties: Provisions governing the rights and priorities of multiple secured parties when applicable
1. Account Details Schedule: Details and specifications of the securities account(s) subject to control
2. Form of Notice: Standard form templates for notices and instructions to be used by the parties
3. Authorized Persons: List of persons authorized to give instructions regarding the account
4. Fee Schedule: Schedule detailing the intermediary's fees and charges when applicable
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