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Deposit Pledge Agreement
"I need a Deposit Pledge Agreement under UAE law for a fixed deposit of AED 10 million held with Emirates NBD, to be pledged as security for a trade finance facility; the agreement should include standard enforcement provisions and account bank notification requirements."
1. Parties: Identification of the Pledgor (deposit owner), Pledgee (beneficiary of the pledge), and the Account Bank (where applicable)
2. Background: Context of the pledge arrangement, reference to any underlying facility or main agreement, and purpose of the pledge
3. Definitions and Interpretation: Key terms used in the agreement, including 'Pledged Deposits', 'Secured Obligations', 'Security Period', and interpretation rules
4. Creation of Pledge: Express creation of the pledge over the deposits, scope of the security interest, and confirmation of compliance with UAE law requirements
5. Perfection and Registration: Requirements for registering the pledge, including any Emirates Movable Collateral Registry requirements
6. Representations and Warranties: Standard representations regarding ownership, authority, and absence of other encumbrances over the deposits
7. Covenants: Ongoing obligations regarding the pledged deposits, including maintenance of minimum balances and restrictions on withdrawals
8. Enforcement: Rights and procedures for enforcing the pledge upon an event of default, including UAE law requirements for enforcement
9. Power of Attorney: Grant of powers to the Pledgee to perfect and enforce the pledge
10. Notices: Communication procedures between parties
11. Governing Law and Jurisdiction: Confirmation of UAE law governance and jurisdiction of UAE courts
1. Account Bank Provisions: Additional provisions when a third-party bank holds the pledged deposits, including acknowledgment and operational requirements
2. Currency Provisions: Specific provisions for deposits in foreign currencies, including exchange rate mechanisms
3. Further Assurance: Additional undertakings to execute documents or perform acts necessary for the pledge
4. Assignment and Transfer: Provisions allowing transfer of rights under the pledge agreement, if permitted
5. Costs and Expenses: Allocation of costs related to the pledge creation, maintenance, and enforcement
1. Form of Notice to Account Bank: Template notice informing the account bank of the pledge creation
2. Form of Account Bank Acknowledgment: Template acknowledgment from the account bank confirming the pledge
3. Details of Pledged Accounts: Schedule listing all pledged accounts, account numbers, and deposit amounts
4. Form of Power of Attorney: Template power of attorney for UAE notarization
5. Conditions Precedent Documents: List of required documents for the pledge to become effective
Authors
Banking
Financial Services
Corporate Finance
Real Estate
Construction
Manufacturing
Trading
Investment
Infrastructure
Energy
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Finance
Banking Operations
Credit Administration
Securities Administration
Legal Counsel
Finance Manager
Treasury Manager
Credit Risk Manager
Relationship Manager
Compliance Officer
Security Trustee
Transaction Manager
Chief Financial Officer
Corporate Finance Director
Banking Operations Manager
Legal Director
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