Financial Assistance or Capital Contributions. The Borrower will not, and will not permit any other Harvest Parties to:
(i) provide any guarantee, loan or other financial assistance to any Person, other than to or for the benefit of another Harvest Party; or
(ii) make any contributions of capital or any other forms of equity investment in any Person that is not a Harvest Party; which in aggregate exceeds $25,000,000 (or the Canadian Dollar Exchange Equivalent thereof) at any particular time (as determined from and after the Closing Date and, for certainty, (A) any equity investment will be valued at the time such investment is made and (B) any financial assistance or equity investments, to the extent repaid or otherwise returned, will be excluded from any subsequent determination of this limit).
Financial Assistance or Capital Contributions. The Borrower will not, and will not permit any Material Subsidiary to, (i) provide any guarantee, loans or other financial assistance to any Person, other than to the Agent, the Borrower or a Material Subsidiary; and (ii) make any contributions of capital or any other forms of equity or partnership investment in any Person that is not the Borrower or a Material Subsidiary.
Financial Assistance or Capital Contributions. The Borrower will not, and will not permit any other Penn West Party to:
(i) provide any guarantee, loan or other financial assistance to any Person, other than to another Penn West Party; or
(ii) make any contributions of capital or any other forms of equity investment in any Person that is not a Penn West Party; which in aggregate exceeds $50,000,000.
Financial Assistance or Capital Contributions. The Borrower will not, and will not permit any other Harvest Parties to:
(i) provide any guarantee, loan or other financial assistance to any Person, other than to or for the benefit of another Harvest Party; or
(ii) make any contributions of capital or any other forms of equity investment in any Person that is not a Harvest Party; if:
(iii) a Default or Event of Default exists or would reasonably be expected to occur as a result of the provision or making such financial assistance or capital contribution; or
(iv) the provision or making of such financial assistance or capital investment would reasonably be expected to result in a Material Adverse Effect.
Financial Assistance or Capital Contributions. The Borrower will not, and will not permit any other Loan Party to, provide any guarantee, loans or other financial assistance to any Person (other than another Loan Party) or make any contributions of capital or any other forms of equity investment in any Person (other than another Loan Party), in each case, in an aggregate amount that at any time exceeds the Threshold Amount.
Financial Assistance or Capital Contributions. (i) Except:
(A) as permitted below in this Section 12.3(k); and
(B) for the Original Closing Date Financial Assistance, the Borrower will not, and will not permit any other Loan Party to:
(C) provide any Financial Assistance to any Person, other than by one Loan Party to another Loan Party; or
(D) make any contribution of capital or any other forms of equity investment in any Person, other than to or in favour of a Loan Party.
(ii) Notwithstanding the foregoing:
(A) the Borrower may provide Financial Assistance to HoldCo in an amount which, when aggregated with (I) all other Financial Assistance expended pursuant to this Section (ii) and (II) all Permitted Distributions made under clause (e) of the definition thereof, does not exceed $2,000,000 in any Fiscal Year; and
(B) a Loan Party may provide Financial Assistance to a Person (other than the Borrower to HoldCo), or make a contribution of capital or equity investment in a Person, if the aggregate amount of such Financial Assistance, capital contribution and equity investment does not, in any 12 calendar month period, exceed the Threshold Amount, provided, in each case, that no Default, Event of Default, Material Adverse Effect or Borrowing Base Shortfall exists at such time or would reasonably be expected to result therefrom.
Financial Assistance or Capital Contributions. Except as permitted by Section 14.5, the Borrower will not, and will not permit any other Harvest Parties (other than a JV Partnership) to:
(i) provide any guarantee, loan or other financial assistance to any Person, other than to or for the benefit of another Harvest Party (other than a JV Partnership); or
(ii) make any contributions of capital or any other forms of equity investment in any Person that is not a Harvest Party (other than a JV Partnership); which in aggregate exceeds $25,000,000 (or the Canadian Dollar Exchange Equivalent thereof) at any particular time (as determined from and after the Closing Date and, for certainty, (A) any equity investment will be valued at the time such investment is made and (B) any financial assistance or equity investments, to the extent repaid or otherwise returned, will be excluded from any subsequent determination of this limit).
Financial Assistance or Capital Contributions. Except as set forth in the provisos set forth below, the Borrower will not, and will not permit any other Borrower Group Member to:
(i) save and except for Permitted Indebtedness, provide any guarantee of the obligations of any Person or loans or other financial assistance to any Person, in each case other than where that Person is another Loan Party; or
(ii) make any contributions of capital or any other forms of equity investment in any Person that is not a Loan Party (provided that if the same is permitted pursuant to the proviso below such capital contributions and investments may only be made in entities engaged in similar businesses as the Loan Parties as at the Closing Date), provided that, (A) the foregoing will be permitted if the amount of all such guarantees, loans, financial assistance and capital contributions and investments outstanding (with the amount of any such capital contribution or investment being determined at the lower of cost and fair market value) does not at any time exceed, in aggregate, the $20,000,000; and (B) notwithstanding the foregoing, capital contributions or financial assistance may only be made by the Loan Parties in (or in favour of) PROP (including through the use of the proceeds of the Advances) if: (I) no Default or Event of Default or Borrowing Base Shortfall exist at the time or would otherwise result therefrom, (II) such capital contributions or financial assistance do not exceed the amounts prescribed in the then most recent annual budget of the Borrower provided to the Lenders pursuant to Section 13.1(e)(iii) (or any update to such budget); provided that, any material change to the spending profile of such budget or update from the budget provided to the Lenders pursuant to Section 2.1(b)(vi) shall require the approval of the Majority Lenders, acting reasonably.
Financial Assistance or Capital Contributions. The Borrower will not, and will not permit any other Penn West Party to:
(i) provide any guarantee, loan or other financial assistance to any Person, other than to another Penn West Party; or
(ii) make any contributions of capital or any other forms of equity investment in any Person that is not a Penn West Party; which in aggregate exceeds $50,000,000; provided that, notwithstanding the foregoing, the Penn West Parties shall also be entitled to make:
(A) Permitted JV Capital Contributions to JV Development Entities, and
(B) contributions of capital to or any other forms of equity investments (“Non-Penn West Party Investments”) in any Person that is not a Penn West Party, provided that:
(I) such Person carries on business in the oil and gas industry;
(II) such contribution or investment is made in connection with a concurrent sale or other disposition to such Person of oil and gas properties of one or more of the Penn West Parties; and
(III) the aggregate Non-Penn West Party Investment Amount at no time exceeds $750,000,000, in each case determined as of the date of such investment; and further provided that the sum of the Permitted JV Capital Contributions described in paragraph (a)(i) of the definition of Permitted JV Capital Contributions and the aggregate Non-Penn West Party Investment Amount does not, at any time, exceed $1,500,000,000.
Financial Assistance or Capital Contributions. Except as set forth in the provisos set forth below, the Borrower will not, and will not permit any other Borrower Group Member to:
(i) save and except for Permitted Indebtedness, provide any guarantee of the obligations of any Person or loans or other financial assistance to any Person, in each case other than where that Person is another Loan Party; or
(ii) make any contributions of capital or any other forms of equity investment in any Person that is not a Loan Party (provided that if the same is permitted pursuant to the proviso below such capital contributions and investments may only be made in entities engaged in similar businesses as the Loan Parties as at the Closing Date), provided that, (A) the foregoing will be permitted if the amount of all such guarantees, loans, financial assistance and capital contributions and investments outstanding (with the amount of any such capital contribution or investment being determined at the lower of cost and fair market value) does not at any time exceed, in aggregate, Cdn. $20,000,000; and (B) notwithstanding the foregoing, capital contributions or financial assistance may only be made by the Loan Parties in (or in favour of) PROP (including through the use of the proceeds of Advances) if: (I) no Default or Event of Default or Borrowing Base Shortfall exist at the time or would otherwise result therefrom, and (II) such capital contributions or financial assistance do not exceed the amounts prescribed in the then most recently delivered Original Annual Budget.
