A Deposit Pledge Agreement is commonly used in financing transactions where cash deposits serve as collateral. Under English and Welsh law, this document creates security over bank deposits, typically used in loan facilities, project finance, or other secured lending arrangements. The agreement details the pledge arrangement, account control mechanisms, and enforcement provisions, ensuring compliance with the Financial Collateral Arrangements Regulations and other applicable legislation. It's particularly important in transactions requiring robust security over liquid assets.
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1. Parties: Identification of pledgor and pledgee with full legal names and addresses
2. Background: Context of the pledge arrangement and underlying transaction
3. Definitions: Key terms used throughout the agreement including 'Deposit Account', 'Secured Obligations', 'Security Period'
4. Grant of Security: Core pledge provisions and creation of security interest
5. Representations and Warranties: Standard pledgor representations regarding authority, ownership, and no encumbrances
6. Covenants: Ongoing obligations of the pledgor regarding the deposit
7. Enforcement: Rights and remedies upon default
8. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions
1. Interest and Withdrawals: Terms regarding interest earned on deposits and withdrawal rights (if applicable)
2. Bank's Rights and Obligations: Include if bank is party to agreement or acknowledgment required
3. Additional Security Provisions: Include for complex security arrangements or multiple accounts
1. Form of Notice to Bank: Standard form of notice to be given to the account bank
2. Form of Bank Acknowledgment: Standard form of acknowledgment to be obtained from account bank
3. Details of Deposit Account(s): Specific information about pledged accounts including account numbers
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