RE: 'imminent'3 Feb 2021 20:52
Mr Investment.
Each company is party to the JOA, this determines the voting pass mark for decisions within the joint ventures . I have probably reviewed and negotiated more JOAs than most folks on this board. They are based on a standard template (usually AIPN) modified to ensure compliance with OGA licence regulations, principally no pre emption rights, and to ensure joint and several liability ie the last company standing in the event of default/bankruptcy still is liable for all the obligations of the JV.
Unless they agree otherwise then each party is free to sell their stake in the joint venture and does not require either approval of the other parties to do so, nor are they obligated to include their equity in the sale. The only challenge to a sale can be based on financial capability of the buyer. Of course corporate sale is not covered by the JOA and is ultimately a matter entirely for the shareholders of each company to decide.
Currently RBD is both a JV partner and the main >50% shareholder in Rathlin and they will probably in reality act in unison, although under most JOAs they will be regarded as a single party (one vote for the entire% held, rather than voting individually) As to passmark for budget approvals work programme modifications and sole risk activity that will depend on what has been agreed. Usually as you say it can be 50%+1 or as high as 70%, it almost never requires unanimity, to avoid being held back by an impoverished or recalcitrant JV partner, I have been told that it’s a simple passmark.