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Account Pledge Agreement
"I need an Account Pledge Agreement under Indonesian law for a renewable energy project financing where a solar power company will pledge its revenue accounts to secure a USD 50 million loan facility, with the agreement to be effective from March 1, 2025."
1. Parties: Identification of the Pledgor (account owner), the Pledgee (security taker), and the Account Bank
2. Background: Context of the pledge agreement, reference to the underlying facility agreement or main obligations being secured
3. Definitions and Interpretation: Definitions of key terms used in the agreement and interpretation rules
4. Creation of Pledge: Express creation of the pledge over the accounts, including the perfection requirements under Indonesian law
5. Secured Obligations: Definition and scope of the obligations secured by the account pledge
6. Representations and Warranties: Pledgor's representations regarding ownership, authority, and status of the pledged accounts
7. Covenants: Pledgor's ongoing obligations regarding the maintenance and operation of the pledged accounts
8. Operation of Accounts: Rules for operating the pledged accounts, including withdrawal rights and restrictions
9. Rights and Obligations of the Account Bank: Specific provisions regarding the role and responsibilities of the account bank
10. Enforcement: Enforcement mechanisms and procedures in case of default
11. Power of Attorney: Irrevocable power of attorney for the Pledgee to perfect and enforce the pledge
12. Miscellaneous: Standard boilerplate provisions including notices, amendments, governing law, and jurisdiction
1. Further Assurance: Additional provisions requiring the Pledgor to execute further documents or take additional actions - include when dealing with complex account structures or cross-border elements
2. Tax Provisions: Specific provisions dealing with tax implications of the pledge - include when tax considerations are material
3. Account Bank's Rights of Set-off: Provisions regarding the Account Bank's rights to set off - include when the Account Bank requires specific set-off rights
4. Regulatory Compliance: Additional provisions regarding compliance with specific banking or financial regulations - include when dealing with regulated entities
5. Currency Provisions: Provisions dealing with multiple currencies - include when the pledged accounts contain multiple currencies
1. Schedule 1 - Account Details: List and details of all pledged accounts including account numbers and branches
2. Schedule 2 - Form of Notice to Account Bank: Template notice to be sent to the Account Bank regarding the creation of 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 registration of the pledge under Indonesian law
5. Schedule 5 - Signing Authority: Details of authorized signatories and signing requirements for the pledged accounts
Authors
Banking
Financial Services
Infrastructure
Real Estate
Manufacturing
Energy
Mining
Telecommunications
Retail
Agriculture
Transportation
Construction
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit Administration
Transaction Management
Banking Operations
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Lawyer
Compliance Officer
Credit Risk Manager
Account Manager
Security Trustee
Facility Agent
Transaction Manager
Corporate Secretary
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