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Account Pledge Agreement
"I need an Austrian law Account Pledge Agreement for a bilateral loan facility closing on March 15, 2025, where a manufacturing company will pledge its main operating account held with Erste Bank to secure a €5 million term loan."
1. Parties: Identification of the Pledgor, Pledgee, and Account Bank (if party to the agreement)
2. Background: Context of the pledge, reference to underlying credit or facility agreement, and purpose of the security
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including references to any master agreements
4. Creation of Pledge: Express creation of the pledge right over the accounts, establishing the security interest
5. Scope of Pledge: Detailed description of what is being pledged, including all current and future credit balances
6. Perfection Requirements: Steps required to perfect the pledge, including notice to and acknowledgment from the Account Bank
7. Pledgor's Representations and Warranties: Confirmations regarding ownership, authority, and absence of other encumbrances
8. Pledgor's Obligations: Ongoing obligations regarding maintenance of accounts and restrictions on disposals
9. Rights to Accounts Prior to Enforcement: Terms governing access to and operation of accounts before an enforcement event
10. Enforcement: Circumstances and procedures for enforcing the pledge, including realization methods
11. Release of Pledge: Conditions and process for releasing the pledge upon discharge of secured obligations
12. Notices: Communication requirements and contact details for all parties
13. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction of courts
1. Account Bank Provisions: Specific provisions regarding the Account Bank's rights and obligations, used when the Account Bank is a party to the agreement
2. Multiple Pledgors: Additional provisions for scenarios with multiple pledgors, including joint and several liability
3. Priority Arrangements: Provisions dealing with ranking of security interests, used when there are multiple security holders
4. Currency Provisions: Specific provisions for accounts in multiple currencies or currency conversion rights
5. Power of Attorney: Grant of power of attorney to the Pledgee for enforcement purposes, if required
6. Set-off Rights: Provisions regarding set-off rights between parties, particularly relevant for banking relationships
7. Tax Provisions: Specific tax-related provisions if required by the transaction structure
1. Schedule 1 - Pledged Accounts: Detailed list of all pledged accounts including account numbers, types, 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 - Signing Authorities: List of authorized signatories and any specific signing requirements
5. Schedule 5 - Form of Power of Attorney: Template power of attorney document if required for enforcement
6. Appendix A - Underlying Credit Agreement Details: Summary or extract of relevant provisions from the underlying credit agreement
Authors
Account Pledge
Acknowledgment
Assigned Rights
Austrian Banking Day
Authorized Signatory
Credit Balance
Default
Disposal
Enforcement Event
Enforcement Notice
Existing Accounts
Future Accounts
Notice of Pledge
Parties
Permitted Disposals
Pledge Period
Pledged Accounts
Pledged Rights
Pledgee
Pledgor
Principal Obligations
Release Notice
Secured Obligations
Secured Parties
Security Assets
Security Period
Signing Authority
Underlying Agreement
Account Operating Rights
Blocking Notice
Disposal Restrictions
Enforcement Proceeds
Financial Indebtedness
Material Adverse Effect
Perfection Requirements
Security Documents
Set-off Rights
Termination Event
Unpledged Balance
Creation of Security
Pledge Rights
Perfection Requirements
Representations and Warranties
Maintenance Obligations
Account Operation
Security Interest
Enforcement Rights
Notice Requirements
Release Provisions
Remedies
Assignment
Set-off Rights
Further Assurance
Costs and Expenses
Indemnification
Amendments
Severability
Notices
Counterparts
Governing Law
Jurisdiction
Power of Attorney
Priority of Security
Termination
Confidentiality
Authority
Accession
Survival
Banking and Financial Services
Corporate Lending
Investment Banking
Manufacturing
Real Estate
Energy
Infrastructure
Technology
Telecommunications
Retail
Healthcare
Agriculture
Transportation
Construction
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Secretariat
Transaction Management
Banking
Security Administration
Account Management
Finance Director
Treasury Manager
Chief Financial Officer
Legal Counsel
Corporate Lawyer
Banking Lawyer
Security Trustee
Facility Agent
Transaction Manager
Credit Risk Manager
Account Manager
Relationship Manager
Compliance Officer
Finance Manager
Corporate Secretary
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