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Account Control Agreement (Biogas Project Financing)
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Account Control Agreement (Biogas Project Financing) - attorney-drafted template. Party names and deal-specific details have been replaced with neutral placeholders. Review before use.
(Blocked Accounts)
ACCOUNT CONTROL AGREEMENT
[COMPANY – Operating Account, Debt Service Reserve Account and O&M Reserve Account]
[Primary Borrower: [COMPANY]]
[Customer Number: [ID]]
This Account Control Agreement (this “Agreement”) is entered into as of April ___, 2024, by and among [COMPANY], a California limited liability company (the “Borrower” or “Company”), [COUNTERPARTY] (“Lender”) and [COUNTERPARTY] (“Account Institution”) with respect to the following:
RECITALS:
Account Institution has agreed to establish and maintain for Company: (i) that certain account identified as the “Operating Account,” Account Number _______-___ (referred to herein as the “Operating Account”), (ii) that certain account identified as the “Debt Service Reserve Account,” Account Number _______-___ (referred to herein as the “Debt Service Reserve Account”), and (iii) that certain account identified as the “O&M Reserve Account,” Account Number ___________ (referred to herein as the “O&M Reserve Account” and, collectively, with the Operating Account and the Debt Service Reserve Account, the “Accounts” and each, an “Account”).
Company has granted to Lender a security interest in each Account and in any checks, automated clearinghouse (“ACH”) transfers, wire transfers, instruments and other payment items (collectively, “Funds”) deposited in any Account.
Company and Lender have requested Account Institution to enter into this Agreement to evidence Lender’s security interest in, and control over, each Account and to provide for the disposition of the Funds deposited in the Accounts.
Account Institution is willing to enter into this Agreement for the benefit of Company and Lender pursuant to the terms and conditions set forth herein.
The parties hereto, and each of them, acknowledge and agree each Account is an “Uninsured Involuntary Account” as provided in 12 C.F.R. Section 614.4175(b).
Accordingly, Company, Lender and Account Institution agree as follows:
1. Lender’s Control over the Accounts.
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Account Control Agreement (Biogas Project Financing)
Energy Agreements -- US - General