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Deposit Account Control Agreement
"I need a Deposit Account Control Agreement to establish control over three USD savings accounts held by our subsidiary company at Wells Fargo Bank, with our parent company as the secured party, to be effective from March 1, 2025."
1. Parties: Identifies all parties: Secured Party, Depositary Bank, and Account Holder
2. Background: Explains the context of the agreement and relationships between parties
3. Definitions: Defines key terms used throughout the agreement including Account, Control, Security Interest, and Notice provisions
4. Account Control: Details the control arrangements over the deposit account, including access rights and restrictions
5. Security Interest: Establishes and confirms the security interest in the deposit account
6. Rights and Duties of Depositary Bank: Outlines the bank's obligations, responsibilities, and standard of care
7. Representations and Warranties: Standard representations from all parties regarding authority, binding effect, and account status
8. Term and Termination: Duration of agreement and conditions for termination by each party
1. Standing Instructions: Used when specific recurring instructions need to be documented for automatic transfers or payments
2. Foreign Currency Provisions: Additional provisions for handling foreign currency accounts and exchange rate considerations
3. Securities Account Provisions: Additional provisions when the controlled account includes securities or investment products
1. Account Details Schedule: Comprehensive list of all controlled accounts and their specific details
2. Notice Forms: Template forms for various notices required under the agreement including Shifting Control Notice
3. Fee Schedule: Details of bank's fees for maintaining the control arrangement and related services
4. Authorized Persons: List of persons authorized to give instructions on behalf of each party
Authors
Account Statements
Agreement
Authorized Person
Banking Day
Business Day
Control Notice
Controlled Account
Default
Deposit Account
Disposition Instructions
Effective Date
Eligible Institution
Event of Default
Governmental Authority
Instructions
Law
Lien
Notice of Exclusive Control
Obligations
Operating Instructions
Permitted Investments
Person
Proceeding
Secured Obligations
Security Interest
Standing Instructions
Subsidiary
Term
Termination Notice
UCC
Withdrawal Rights
Security Interest
Representations and Warranties
Rights and Duties of Depositary Bank
Account Access and Control
Notice Requirements
Collection and Distribution
Default and Remedies
Fees and Expenses
Indemnification
Termination
Amendments
Governing Law
Jurisdiction
Notices
Assignment
Entire Agreement
Severability
Counterparts
Waiver
Conflicts
Force Majeure
Survival
Third Party Rights
Further Assurances
Confidentiality
Set-off Rights
Compliance with Laws
Account Statements and Information
Subordination
Banking and Financial Services
Commercial Lending
Investment Services
Corporate Finance
Treasury
Legal
Finance
Risk Management
Operations
Chief Financial Officer
Treasury Manager
Commercial Lending Officer
Legal Counsel
Risk Manager
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