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Blocked Account Control Agreement
"I need a Blocked Account Control Agreement for a renewable energy project in Malaysia, where the project company (as Account Holder) will maintain accounts with HSBC Malaysia, and multiple lenders require control over project revenues starting March 2025."
1. Parties: Identifies all parties to the agreement: typically the Account Holder, the Bank, and the Secured Party
2. Background: Sets out the context of the agreement, including reference to any related security agreements and the purpose of the blocked account arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Account Control and Security: Establishes the security interest and control rights over the blocked account
5. Bank's Rights and Obligations: Details the bank's responsibilities regarding account maintenance and control instructions
6. Notice of Exclusive Control: Specifies the process and effect of the secured party exercising exclusive control over the account
7. Account Holder Agreements and Obligations: Sets out the account holder's commitments and restrictions regarding the account
8. Operating Procedures: Details the day-to-day operation of the account, including authorized instructions and authentication procedures
9. Fees and Expenses: Specifies fees payable to the bank and allocation of expenses
10. Representations and Warranties: Contains standard representations and warranties from all parties
11. Indemnification: Sets out the indemnification obligations between parties
12. Term and Termination: Specifies the duration of the agreement and termination procedures
13. Notices: Details how formal notices should be given between parties
14. General Provisions: Contains standard boilerplate provisions including governing law, jurisdiction, and amendments
1. Foreign Currency Provisions: Required when the blocked account may hold foreign currencies, specifying exchange rate mechanisms and currency conversion procedures
2. Electronic Banking Arrangements: Needed when parties will use electronic banking systems for account access and instructions
3. Multiple Account Provisions: Required when the agreement covers multiple blocked accounts
4. Intercreditor Provisions: Needed when multiple secured parties have interests in the blocked account
5. Force Majeure: Optional section dealing with circumstances beyond parties' control affecting account operations
6. Tax Provisions: Required when specific tax considerations need to be addressed, particularly for international arrangements
1. Account Details: Schedule listing the specific account number(s) and branch details covered by the agreement
2. Authorized Signatories: List of persons authorized to give instructions on behalf of the Account Holder and Secured Party
3. Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Form of Notice of Exclusive Control: Template for the notice to be used when Secured Party exercises exclusive control
5. Operating Procedures Manual: Detailed procedures for account operation, including authentication requirements and processing timeframes
6. Form of Termination Notice: Template for notices to terminate the agreement
Authors
Banking
Financial Services
Project Finance
Infrastructure
Real Estate
Construction
Manufacturing
Energy
Mining
Telecommunications
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Project Finance
Transaction Management
Credit Administration
Account Management
Legal Counsel
Finance Manager
Treasury Manager
Banking Relationship Manager
Security Trustee
Facility Agent
Project Finance Manager
Corporate Finance Director
Compliance Officer
Risk Manager
Transaction Manager
Security Agent
Account Manager
Chief Financial Officer
General Counsel
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