The Deposit Pledge Agreement is utilized when a party needs to provide security over deposit accounts to secure obligations to a creditor. This agreement, common in U.S. banking and finance transactions, establishes the creditor's rights over the pledged accounts, including control rights and enforcement mechanisms. The document must comply with UCC Article 9 requirements for perfection of security interests and includes provisions for account access, interest treatment, and default remedies. It's particularly important in commercial lending, where cash collateral provides immediate security to lenders.
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1. Parties: Identification of pledgor and pledgee
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Pledge: Description of the deposit account being pledged
5. Security Interest: Creation and perfection of security interest
6. Representations and Warranties: Statements of fact by the pledgor
7. Covenants: Ongoing obligations of the pledgor
8. Events of Default: Circumstances constituting default
9. Remedies: Rights of pledgee upon default
1. Control Agreement Provisions: Provisions related to third-party bank control when deposit account is held at institution other than pledgee
2. Regulatory Compliance: Specific regulatory requirements when parties are subject to specific regulatory oversight
3. Interest and Fees: Treatment of interest earned on deposits for interest-bearing accounts
1. Schedule of Pledged Accounts: Detailed list of pledged deposit accounts and balances
2. Form of Notice of Pledge: Template for notifying third-party banks of pledge
3. Account Control Agreement: Agreement with third-party bank if applicable
4. Authorized Signatories: List of persons authorized to act on behalf of parties
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