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Blocked Account Agreement
"I need a Blocked Account Agreement under New Zealand law for a renewable energy project where project revenues will be held in a restricted account with ANZ Bank, requiring joint authorization from both the project company and lender's agent for any withdrawals."
1. Parties: Identifies all parties to the agreement including the Account Bank, Account Holder, and any Security Agent or Beneficiary
2. Background: Sets out the context and purpose of the blocked account arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Account Establishment: Details of the blocked account(s) to be established and maintained
5. Operation of the Account: Rules governing the operation of the account, including authorized signatories and permitted transactions
6. Restrictions on Withdrawals: Specific conditions and restrictions on withdrawals from the blocked account
7. Bank's Rights and Obligations: The rights, duties, and obligations of the Account Bank
8. Account Holder's Representations and Warranties: Standard representations and warranties from the Account Holder
9. Security Interest: Creation and perfection of security interest over the account if applicable
10. Fees and Expenses: Bank's fees and allocation of expenses
11. Term and Termination: Duration of the agreement and termination provisions
12. Notices: How formal notices between parties should be given
13. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, amendments
1. Security Agent Provisions: Additional provisions when a security agent is involved, defining their rights and powers
2. Multi-Currency Provisions: Additional provisions for accounts holding multiple currencies
3. Internet Banking: Provisions relating to online access and management of the account
4. AML/KYC Requirements: Specific provisions relating to anti-money laundering and know-your-customer requirements
5. Tax Provisions: Specific provisions relating to tax withholding and reporting if relevant
6. Force Majeure: Provisions dealing with extraordinary events affecting account operation
1. Account Details: Specific details of the blocked account(s) including account numbers and currencies
2. Authorized Signatories: List of authorized signatories and signing requirements
3. Fee Schedule: Detailed breakdown of bank's fees and charges
4. Form of Payment Instruction: Template for payment instructions from the account
5. Notice Details: Contact details for all parties for formal notices
6. Conditions for Release: Specific conditions that must be met for funds to be released from the account
Authors
Banking & Financial Services
Infrastructure
Project Finance
Real Estate
Construction
Energy
Mining
International Trade
Private Equity
Venture Capital
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Project Finance
Transaction Management
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Compliance Officer
Project Finance Manager
Transaction Manager
Security Trustee
Relationship Manager
Credit Risk Manager
Account Manager
Corporate Banking Manager
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