The Blocked Account Agreement is a critical instrument in secured financing transactions within the United States banking system. It serves to perfect a security interest in deposit accounts under UCC Article 9 and provides lenders with control over the collateral account. This agreement is commonly used in project finance, corporate lending, and other situations where parties need to ensure that funds are properly managed and disbursed according to predetermined conditions. The document details the rights and obligations of all parties, including specific provisions for account access, permitted withdrawals, and the bank's responsibilities.
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Blocked Account Agreement
"Need a Blocked Account Agreement for a real estate development project where the lender requires control over project funds, with monthly permitted withdrawals for construction costs and quarterly reporting requirements, to be effective from March 1, 2025."
1. Parties: Identifies the account holder, bank, and any secured party or beneficiary
2. Background: Explains the purpose of the blocked account and relationship between parties
3. Definitions: Defines key terms used throughout the agreement including 'Blocked Account', 'Control Party', and 'Permitted Withdrawals'
4. Account Establishment: Details of the blocked account setup and initial funding requirements
5. Control Rights: Specifies who has control over the account and under what circumstances
6. Permitted Withdrawals: Conditions under which withdrawals are permitted and the process for requesting withdrawals
7. Bank's Rights and Responsibilities: Outlines the bank's obligations and rights regarding the account, including compliance requirements
8. Term and Termination: Duration of the agreement and conditions for termination
1. Investment Provisions: Terms governing permitted investments of account funds - used when the blocked account permits investment of funds
2. Foreign Currency Provisions: Terms governing foreign currency transactions - used when account involves multiple currencies
3. Interest Provisions: Terms regarding interest earned on the account - used when account earns interest
1. Schedule 1 - Authorized Signatories: List of persons authorized to give instructions regarding the account
2. Schedule 2 - Fee Schedule: Details of bank fees and charges applicable to the blocked account
3. Schedule 3 - Form of Release Notice: Template for notices requesting release of funds from the blocked account
4. Schedule 4 - Account Details: Specific account information including account number, branch details, and routing information
Authors
Account
Account Bank
Account Holder
Agreement
Authorized Representative
Banking Day
Blocked Account
Business Day
Control Notice
Default
Deposit Account
Effective Date
Eligible Investments
Event of Default
FDIC
Fee Schedule
Governing Law
Instructions
Interest Rate
Liens
Notice of Exclusive Control
Parties
Permitted Investments
Permitted Withdrawals
Release Notice
Secured Obligations
Secured Party
Security Agent
Security Interest
Signature Authority
Term
UCC
Withdrawal Request
Representations and Warranties
Account Control
Security Interest
Account Operation
Notice Requirements
Bank's Rights and Duties
Fees and Expenses
Indemnification
Set-off Rights
Amendments and Modifications
Termination
Events of Default
Force Majeure
Governing Law
Dispute Resolution
Confidentiality
Assignment
Notices
Severability
Entire Agreement
Counterparts
Waiver
Account Statements
Permitted Withdrawals
Investment Authorization
Bank's Security Interest
Compliance with Laws
Electronic Communications
Successors and Assigns
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