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If the borrower defaults on the loan, the lender can assume control over the account and instruct the bank to revoke the borrower's ability to make transactions using funds in the account. Active DACAs, or blocked account control agreements (BACA): Only the lender, not the borrower, can make transactions.
The more common ?springing? control agreement provides that the borrower can access the deposit account(s) until the lender delivers a notice of exclusive control to the depository bank. Generally, such a notice can be given by the lender only if the borrower is in default under the underlying loan.
Blocked Account Agreement means an agreement among the Borrower, the Agent and a Clearing Bank, in form and substance reasonably satisfactory to the Agent, concerning the collection of payments which represent the proceeds of Accounts or of any other Collateral.
A blocked account generally refers to a financial account that has some limitations or restrictions placed upon it, temporarily or permanently. Accounts may be blocked or limited for a variety of reasons, including internal bank policies, external regulations, or via a court order or legal decision.
Springing Blocked Account Control Agreement means any agreement entered into by the Account Bank, Borrower and Lender in the form attached to the Disclosure Letter as Exhibit C to the Disclosure Letter or otherwise in form and substance reasonably satisfactory to Lender, pursuant to which, among other things, Lender ...
Types of deposit account control agreements There are two recognized kinds of DACAs: passive and active.
Blocked accounts restrict account owners from unlimited and unrestricted use of their funds in that account. Accounts may be blocked or limited for a variety of reasons, including internal bank policies, external regulations, or via a court order or legal decision.