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Bank Account Pledge Agreement
"I need a Bank Account Pledge Agreement under Belgian law for a syndicated loan facility closing on March 15, 2025, where multiple operating accounts will be pledged to a security agent acting for a syndicate of five banks."
1. Parties: Identification of the Pledgor(s), Pledgee(s), and Account Bank
2. Background: Context of the pledge agreement, reference to any underlying credit facility or main agreement
3. Definitions and Interpretation: Definition of key terms and interpretation rules, including specific Belgian law concepts
4. Creation of Pledge: Express creation of the pledge over the bank account(s), scope of secured obligations
5. Perfection Requirements: Steps required to perfect the pledge, including registration requirements and notices
6. Representations and Warranties: Pledgor's representations regarding ownership, authority, and absence of other security interests
7. Operation of the Pledged Account: Rules for operating the account, including withdrawal rights and restrictions
8. Rights and Obligations of the Parties: Detailed obligations of Pledgor, Pledgee, and Account Bank
9. Enforcement: Enforcement triggers and procedures, including specific Belgian law requirements
10. Application of Proceeds: Order of application of enforcement proceeds
11. Costs and Expenses: Allocation of costs related to the pledge and its enforcement
12. Notices: Communication requirements and contact details
13. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction
1. Multiple Pledgors: Additional provisions for cases involving multiple pledgors, including joint and several liability
2. Account Bank Agreement: Specific provisions when the Account Bank is a party to the agreement rather than just receiving notice
3. Parallel Debt: Required when the pledge is granted to a security agent or in syndicated arrangements
4. Currency Provisions: Required when the pledged account(s) involve multiple currencies
5. Interest and Distributions: Specific arrangements for the treatment of interest earned on the account
6. Further Assurance: Additional provisions for future actions or documents that may be required
7. Data Protection: GDPR-related provisions when personal data is involved
8. Amendment and Waiver: Procedures for modifying the agreement or waiving rights
1. Schedule 1 - Account Details: List and details of all pledged accounts
2. Schedule 2 - Form of Notice to Account Bank: Template notice to be sent to the Account Bank regarding the pledge
3. Schedule 3 - Form of Acknowledgment: Template acknowledgment to be signed by the Account Bank
4. Schedule 4 - Registration Forms: Forms required for registering the pledge in the National Pledge Register
5. Schedule 5 - Operating Procedures: Detailed procedures for operating the pledged account(s)
6. Schedule 6 - Authorized Signatories: List of persons authorized to operate the account(s)
Authors
Banking & Financial Services
Corporate Lending
Investment Banking
Private Equity
Asset Management
Real Estate Finance
Project Finance
Infrastructure
Manufacturing
Retail
Energy & Resources
Technology
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Finance
Banking
Security Administration
Account Management
Transaction Management
Legal Counsel
Finance Director
Treasury Manager
Chief Financial Officer
Corporate Finance Manager
Credit Risk Manager
Security Trustee
Relationship Manager
Compliance Officer
Transaction Manager
Senior Banker
Account Manager
Legal Director
Banking Lawyer
Finance Lawyer
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