Common use of Loans, Advances, Investments, Etc Clause in Contracts

Loans, Advances, Investments, Etc. The Borrower shall not, at any time, make any loan or advance to, or make or permit to be made any investment or any other interest in, or enter into any arrangement for the purpose of providing funds or credit to, any Person (including any director or executive officer of the Borrower or to the extent it will be a violation of applicable law, of any Subsidiary), or permit any of the Restricted Subsidiaries so to do, other than (i) Permitted Investments, (ii) loans and advances made by the Borrower to any of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) to the Borrower or any of the other Restricted Subsidiaries (other than Finsub), (iii) investments made by the Borrower in the equity securities of any of the Restricted Subsidiaries and made by any of the Restricted Subsidiaries (other than Finsub) in the equity securities of any of the other Restricted Subsidiaries, (iv) arrangements made by the Borrower for the purpose of providing funds or credit to any of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) for the purpose of providing funds or credit to the Borrower or any of the other Restricted Subsidiaries (other than Finsub), (v) investments made before the First Restatement Date by the Borrower in the equity securities of any of the Unrestricted Subsidiaries, (vi) the Storm Recovery Program subject to the satisfaction of the conditions set forth in Section 7.3(e), and (vii) provided that immediately before and after giving effect thereto, no Default or Event of Default shall exist, (A) investments made by the Borrower or any Restricted Subsidiary (other than Finsub) in the equity securities of any of the Unrestricted Subsidiaries in an aggregate amount not in excess of $10,000,000 in any fiscal year, and (B) loans and advances made by the Borrower or any Restricted Subsidiary (other than Finsub) to any of the Unrestricted Subsidiaries and other arrangements made by the Borrower or any Restricted Subsidiary (other than Finsub) for the purpose of providing funds or credit to any of the Unrestricted Subsidiaries, collectively, in an aggregate amount not in excess of $20,000,000 at any time outstanding.

Loans, Advances, Investments, Etc. The Borrower shall not, at At any time, make any loan or advance to, or make or permit to be made any investment or any other interest in, or enter into any arrangement for the purpose of providing funds or credit to, any Person (including any director or executive officer of the Borrower or to the extent it will be a violation of applicable law, of any Subsidiary)Person, or permit any of the Restricted Material Subsidiaries so to do, other than (i) Permitted Investments, (ii) loans and advances made by the Borrower to any of the Restricted Material Subsidiaries (other than Finsub) and made by any of the Restricted Material Subsidiaries (other than Finsub) to the Borrower or any of the other Restricted Subsidiaries (other than Finsub)Material Subsidiaries, (iii) investments made by the Borrower in the equity securities of any of the Restricted Material Subsidiaries and made by any of the Restricted Material Subsidiaries (other than Finsub) in the equity securities of any of the other Restricted Material Subsidiaries, (iv) arrangements made by the Borrower for the purpose of providing funds or credit to any of the Restricted Material Subsidiaries (other than Finsub) and made by any of the Restricted Material Subsidiaries (other than Finsub) for the purpose of providing funds or credit to the Borrower or any of the other Restricted Subsidiaries Material Subsidiaries, provided that nothing in this clause (other than Finsub)iv) shall permit any Material Subsidiary to make a loan or advance or otherwise provide credit to the Borrower, and (v) investments made before the First Restatement Date by the Borrower in the equity securities of other loans and advances outstanding at any of the Unrestricted Subsidiaries, (vi) the Storm Recovery Program subject to the satisfaction of the conditions set forth in Section 7.3(e)time, and (vii) other investments and arrangements to, in or with any Person, provided that immediately before and after giving effect thereto, no Default or Event of Default shall existthe total amount thereof, (A) investments made when added to the total consideration paid by the Borrower and the Material Subsidiaries to or for the account of any Restricted Subsidiary Person (other than Finsubthe Borrower and the Material Subsidiaries) in connection with all mergers, consolidations and acquisitions permitted under Sections 8.3(d) and 8.3(e) during the equity securities period from the Effective Date through and including the date thereof, shall not exceed 15% of any Material Total Assets as of the Unrestricted Subsidiaries in an aggregate amount not in excess of $10,000,000 in any most recently completed fiscal year, and (B) loans and advances made by the Borrower or any Restricted Subsidiary (other than Finsub) to any of the Unrestricted Subsidiaries and other arrangements made by the Borrower or any Restricted Subsidiary (other than Finsub) for the purpose of providing funds or credit to any of the Unrestricted Subsidiaries, collectively, in an aggregate amount not in excess of $20,000,000 at any time outstandingquarter.

Loans, Advances, Investments, Etc. The Borrower shall not, at any time, make any loan or advance to, or make or permit to be made any investment or any other interest in, or enter into any arrangement for the purpose of providing funds or credit to, any Person (including any director or executive officer of the Borrower or to the extent it will be a violation of applicable law, of any Subsidiary), or permit any of the Restricted Subsidiaries so to do, other than (i) Permitted Investments, (ii) loans and advances made by the Borrower to any of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) to the Borrower or any of the other Restricted Subsidiaries (other than Finsub)Subsidiaries, (iii) investments made by the Borrower in the equity securities of any of the Restricted Subsidiaries and made by any of the Restricted Subsidiaries (other than Finsub) in the equity securities of any of the other Restricted Subsidiaries, (iv) arrangements made by the Borrower for the purpose of providing funds or credit to any of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) for the purpose of providing funds or credit to the Borrower or any of the other Restricted Subsidiaries (other than Finsub)Subsidiaries, (v) investments made before the First Restatement Agreement Date by the Borrower in the equity securities of any of the Unrestricted Subsidiaries, and (vi) the Storm Recovery Program subject to the satisfaction of the conditions set forth in Section 7.3(e), and (vii) provided that immediately before and after giving effect thereto, no Default or Event of Default shall exist, (A) investments made by the Borrower or any Restricted Subsidiary (other than Finsub) in the equity securities of any of the Unrestricted Subsidiaries in an aggregate amount not in excess of $10,000,000 in any fiscal year, and (B) loans and advances made by the Borrower or any Restricted Subsidiary (other than Finsub) to any of the Unrestricted Subsidiaries and other arrangements made by the Borrower or any Restricted Subsidiary (other than Finsub) for the purpose of providing funds or credit to any of the Unrestricted Subsidiaries, collectively, in an aggregate amount not in excess of $20,000,000 at any time outstanding.

Loans, Advances, Investments, Etc. The Borrower shall not, at any time, make any loan or advance to, or make or permit to be made any investment or any other interest in, or enter into any arrangement for the purpose of providing funds or credit to, any Person (including any director or executive officer of the Borrower or to the extent it will be a violation of applicable law, of any Subsidiary), or permit any of the Restricted Subsidiaries so to do, other than (i) Permitted Investments, (ii) loans and advances made by the Borrower to any of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) to the Borrower or any of the other Restricted Subsidiaries (other than Finsub), (iii) investments made by the Borrower in the equity securities of any of the Restricted Subsidiaries and made by any of the Restricted Subsidiaries (other than Finsub) in the equity securities of any of the other Restricted Subsidiaries, (iv) arrangements made by the Borrower for the purpose of providing funds or credit to any of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) for the purpose of providing funds or credit to the Borrower or any of the other Restricted Subsidiaries (other than Finsub), (v) investments made before the First Restatement Closing Date by the Borrower in the equity securities of any of the Unrestricted Subsidiaries, (vi) the Storm Recovery Program subject to the satisfaction of the conditions set forth in Section 7.3(e), and (vii) provided that immediately before and after giving effect thereto, no Default or Event of Default shall exist, (A) investments made by the Borrower or any Restricted Subsidiary (other than Finsub) in the equity securities of any of the Unrestricted Subsidiaries in an aggregate amount not in excess of $10,000,000 in any fiscal yearyear (provided that (i) any investment by the Borrower in the membership interests of Investment Fund (so long as the aggregate amount of such investments does not exceed $216,665,452) and (ii) the capital Cleco Corporation Loan Agreement contribution in cash by the Borrower in Acadia Holdings made in connection with the Acadia Transactions (so long as the aggregate amount of such capital contribution does not exceed $153,000,000), in each case shall not be included in any determination made pursuant to this clause (vii)(A)), and (B) loans and advances made by the Borrower or any Restricted Subsidiary (other than Finsub) to any of the Unrestricted Subsidiaries and other arrangements made by the Borrower or any Restricted Subsidiary (other than Finsub) for the purpose of providing funds or credit to any of the Unrestricted Subsidiaries, collectively, in an aggregate amount not in excess of $20,000,000 at any time outstanding.

Loans, Advances, Investments, Etc. The Borrower shall not, at any time, make any loan or advance to, or make or permit to be made any investment or any other interest in, or enter into any arrangement for the purpose of providing funds or credit to, any Person (including any director or executive officer of the Borrower or to the extent it will be a violation of applicable law, of any Subsidiary), or permit any of the Restricted Subsidiaries so to do, other than (i) Permitted Investments, (ii) loans and advances made by the Borrower to any of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) to the Borrower or any of the other Restricted Subsidiaries (other than Finsub), (iii) investments made by the Borrower in the equity securities of any of the Restricted Subsidiaries and made by any of the Restricted Subsidiaries (other than Finsub) in the equity securities of any of the other Restricted Subsidiaries, (iv) arrangements made by the Borrower for the purpose of providing funds or credit to any of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) for the purpose of providing funds or credit to the Borrower or any of the other Restricted Subsidiaries (other than Finsub), (v) investments made before the First Restatement Closing Date by the Borrower in the equity securities of any of the Unrestricted Subsidiaries, (vi) the Storm Recovery Program subject to the satisfaction of the conditions set forth in Section 7.3(e)) , and (vii) provided that immediately before and after giving effect thereto, no Default or Event of Default shall exist, (A) investments made by the Borrower or any Restricted Subsidiary (other than Finsub) in the equity securities of any of the Unrestricted Subsidiaries in an aggregate amount not in excess of $10,000,000 in any fiscal year, and year ( provided that (Bi) loans and advances made any investment by the Borrower or any Restricted Subsidiary in the membership interests of Investment Fund (other than Finsubso long as the aggregate amount of such investments does not exceed $216,665,452) to any and (ii) the capital -48- Cleco Corporation Loan Agreement Screening Data Part 1 of the Unrestricted Subsidiaries and other arrangements made 2 contribution in cash by the Borrower or any Restricted Subsidiary in Acadia Holdings made in connection with the Acadia Transactions (other than Finsub) for the purpose soPlaogneg 2a8s1t2hoef a9g8g0r8egate amount of providing funds or credit to any of the Unrestricted Subsidiaries, collectivelysuch capital contribution does not exceed $153,000,000), in an aggregate amount each case shall not be included in excess of $20,000,000 at any time outstanding.determination made pursuant to this clause (vii)(A)), and

Loans, Advances, Investments, Etc. The Borrower shall not, at any time, Make or commit or agree to make any loan loan, advance, guarantee of obligations, other extension of credit or advance capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or permit commit or agree to be made any investment or make any other interest investment in, any other Person, or enter into purchase or own any arrangement futures contract or otherwise become liable for the purpose purchase or sale of providing funds currency or credit toother commodities at a future date in the nature of a futures contract, any Person (including any director or executive officer purchase all or substantially all of the Borrower or to the extent it will be a violation of applicable law, assets of any Subsidiary)other Person, or permit any of its Subsidiaries to do any of the Restricted Subsidiaries so to doforegoing, other than except for: (i) Permitted Investmentsinvestments existing on the date hereof, as set forth on Schedule 7.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) temporary loans and advances by a Loan Party to another Loan Party, made by in the Borrower to any ordinary course of the Restricted Subsidiaries (other than Finsub) and made by any of the Restricted Subsidiaries (other than Finsub) to the Borrower or any of the other Restricted Subsidiaries (other than Finsub)business, (iii) investments made by Permitted Investments; provided that the Borrower and its Subsidiaries shall not have Permitted Investments consisting of Cash and Cash Equivalents or amounts credited to deposit accounts or securities accounts in excess of $500,000 outstanding at any one time unless the Borrower or the applicable Subsidiary and the applicable bank or securities intermediary have entered into control agreements or similar arrangements governing such Permitted Investments, as the Collateral Agent shall determine in its reasonable discretion, to perfect (and further establish) the Collateral Agent’s Liens in such Permitted Investments; provided further that in no event shall the Borrower and its Subsidiaries have Cash and Cash Equivalents in excess of $20,000 in the equity securities of any of deposit account at Falcon Bank that is referenced on Schedule 7.02(a) hereto unless Metalico CatCon, Falcon Bank and the Restricted Subsidiaries and made by any of the Restricted Subsidiaries (other than Finsub) in the equity securities of any of the other Restricted SubsidiariesCollateral Agent have entered into a control agreements governing such deposit account, (iv) arrangements made purchases of metals by the Borrower for the purpose a Loan Party or one of providing funds or credit to any of the Restricted its Subsidiaries (other than Finsub) if such purchase is not for ordinary course business operations, but instead is to speculate on trends and made by any of the Restricted Subsidiaries (other than Finsub) for the purpose of providing funds or credit to the Borrower or any of the other Restricted Subsidiaries (other than Finsub)shifts in commodities markets, (v) investments made before the First Restatement Date purchases of options or future contracts for metals by the Borrower a Loan Party or one of its Subsidiaries to be used to hedge against fluctuations in the equity securities prices of any of the Unrestricted Subsidiaries, Inventory so long as (viA) the Storm Recovery Program subject to the satisfaction of the conditions set forth in Section 7.3(e), and (vii) provided that immediately before and after giving effect thereto, no Default or Event of Default shall existhave occurred and be continuing, (B) such purchases are made as a part of such Person’s normal business operations and consistent with past practices, and (C) such purchases are not made as a means to speculate for investment purposes on trends and shifts in commodities markets, (vi) the purchase by the Borrower of the Capital Stock of Totalcat not acquired on the Term Loan B Funding Date in accordance with the terms of the Totalcat Acquisition Documents (whether by means of a put or a call) prior to the date that is 60 days after the second anniversary of the Term Loan B Funding Date, so long as (A) investments made by the Borrower no Default or any Restricted Subsidiary (other than Finsub) in the equity securities Event of any of the Unrestricted Subsidiaries in an aggregate amount not in excess of $10,000,000 in any fiscal yearDefault shall have occurred and be continuing, and (B) loans after giving effect to such purchase, the sum of Availability plus Qualified Cash shall not be less than $5,000,000, (vii) Contingent Obligations represented by any guaranties by Borrower or any of its Subsidiaries of Permitted Indebtedness outstanding under the CatCon Seller Subordinated Note, and advances made (viii) the contribution by the Borrower or any Restricted Subsidiary (other than Finsub) to any Metalico CatCon of a portion of the Unrestricted Subsidiaries and other arrangements made by the Borrower or any Restricted Subsidiary (other than Finsub) for the purpose of providing funds or credit to any proceeds of the Unrestricted Subsidiaries, collectively, Term Loan C in an aggregate amount not in excess order to facilitate the consummation of $20,000,000 at any time outstandingthe CatCon Acquisition.