Common use of Limitation on Creation of Subsidiaries Clause in Contracts

Limitation on Creation of Subsidiaries. The Company shall not create or acquire, nor permit any of its Restricted Subsidiaries to create or acquire, any Subsidiary other than (i) a Restricted Subsidiary existing as of the date of the Indenture, (ii) a Restricted Subsidiary that is acquired or created after the date of the Indenture, or (iii) an Unrestricted Subsidiary; provided, however, that each Restricted Subsidiary acquired or created pursuant to clause (ii) shall have executed a guarantee, satisfactory in form and substance to the Trustee (and with such documentation relating thereto as the Trustee shall require, including, without limitation a supplement or amendment to the Indenture and opinions of counsel as to the enforceability of such guarantee), pursuant to which such Restricted Subsidiary shall become a Guarantor. As of the Issue Date, the Company will have no Subsidiaries, other than the Guarantors.

Limitation on Creation of Subsidiaries. The Company shall Issuer will not create or acquire, nor permit any of its Restricted Subsidiaries subsidiaries to create or acquire, any Subsidiary other than (i) a Restricted Subsidiary existing as of the date of the this Indenture, (ii) a Restricted Subsidiary that is acquired conducting a business similar or created after reasonably related to the date coal mining and marketing businesses of the IndentureIssuer and its Subsidiaries on the Issue Date, or (iii) an Unrestricted Subsidiary; provided, however, that each Restricted Subsidiary acquired or created pursuant to clause (ii) shall at the time it has either assets or shareholders' equity in excess of $25,000 have executed a guaranteeevidenced its guarantee with such documentation, satisfactory in form and substance to the Trustee (and with such documentation relating thereto as the Trustee shall require, including, without limitation a supplement or amendment to the this Indenture and opinions of counsel as to the enforceability of such guarantee), pursuant to which such Restricted Subsidiary shall become a Guarantor. As of the Issue Date, the Company will have no Subsidiaries, other than the Guarantors.

Limitation on Creation of Subsidiaries. The Company shall Issuers will not create or acquire, nor and will not permit any of its their Restricted Subsidiaries to create or acquire, any Subsidiary other than (i) a Restricted Subsidiary existing as of the date of the IndentureIssue Date, or (ii) a Restricted Subsidiary that is acquired or created after in connection with the date acquisition by an Issuer of the Indenturea related business or asset, or (iii) an Unrestricted Subsidiary; provided, however, that each Restricted Subsidiary acquired or created pursuant -------- ------- to clause (ii) shall have executed a guarantee, satisfactory in form and substance to the Trustee (and with such documentation relating thereto as the Trustee shall require, including, without limitation a supplement or amendment to the this Indenture and opinions of counsel as to the enforceability of such guarantee), pursuant to which such Restricted Subsidiary shall will become a Guarantor. As of the Issue Date, the Company Issuers will have no Restricted Subsidiaries, other than Coaxial, Phoenix and the Guarantors.

Limitation on Creation of Subsidiaries. The Company shall Issuer will not create or acquire, nor and will not permit any of its Restricted Subsidiaries to create or acquire, any Subsidiary other than (i) a Restricted Subsidiary existing as of the date of the IndentureIssue Date, (ii) a Restricted Subsidiary that is acquired or created after in connection with the date acquisition by the Issuer of the Indentureone or more related businesses or assets, or (iii) an Unrestricted Subsidiary; provided, however, that each Domestic Restricted Subsidiary acquired or created pursuant to clause (ii) shall have executed a guarantee, satisfactory in form and substance to the Trustee (and with such documentation relating thereto as the Trustee shall requirethereto, including, without limitation limitation, a supplement or amendment to the Indenture and opinions of counsel as to the enforceability of such guarantee), pursuant to which such each Domestic Restricted Subsidiary shall will become a Guarantor. As of the Issue Date, the Company Issuer will have no Subsidiaries, Domestic Restricted Subsidiaries other than the Guarantors.

Limitation on Creation of Subsidiaries. The Company shall Issuer will not create or acquire, nor permit any of its Restricted Subsidiaries subsidiaries to create or acquire, any Subsidiary other than (i) a Restricted Subsidiary existing as of the date of the this Indenture, (ii) a Restricted Subsidiary that is acquired conducting a business similar or created after reasonably related to the date coal mining and marketing businesses of the IndentureIssuer and its Subsidiaries on the Issue Date, or (iii) an Unrestricted Subsidiary; provided, however, that each Restricted Subsidiary acquired or created pursuant to clause (ii) shall at the time it has either assets or shareholders’ equity in excess of $25,000 have executed a guaranteeevidenced its guarantee with such documentation, satisfactory in form and substance to the Trustee (and with such documentation relating thereto as the Trustee shall require, including, without limitation a supplement or amendment to the this Indenture and opinions of counsel as to the enforceability of such guarantee), pursuant to which such Restricted Subsidiary shall become a Guarantor. As of the Issue Date, the Company will have no Subsidiaries, other than the Guarantors.

Limitation on Creation of Subsidiaries. The Company shall not create or acquire, nor permit any of its Restricted Subsidiaries to create or acquire, any Subsidiary other than (i) a Restricted Subsidiary existing as of the date of the this Indenture, (ii) a Restricted Subsidiary created after the date of this Indenture to hold assets or conduct businesses previously held or conducted by the Company or any of its other Subsidiaries or that is acquired or created after the date of this Indenture in connection with the Indentureacquisition by the Company of a ski resort related business or asset, or (iii) an Unrestricted Subsidiary; provided, however, that each Restricted Subsidiary acquired or created pursuant to clause (ii) shall have executed at the time it has either assets or stockholder's equity in excess of $20,000 execute a guarantee, satisfactory substantially in the form and substance attached as Exhibit G to the Trustee (this Indenture and with such documentation relating thereto as the Trustee shall require, including, without limitation a supplement or amendment to the this Indenture and opinions Opinions of counsel Counsel as to the enforceability of such guarantee), pursuant to which such Restricted Subsidiary shall become a Guarantor. As of the Issue Date, the Company will have no Subsidiaries, other than the Guarantors.

Limitation on Creation of Subsidiaries. The Company shall Issuers will not create or acquire, nor and will not permit any of its their Restricted Subsidiaries to create or acquire, any Subsidiary other than (i) a Restricted Subsidiary existing as of the date of the IndentureIssue Date, or (ii) a Restricted Subsidiary that is acquired or created after in connection with the date acquisition by an Issuer of the Indenturea related business or asset, or (iii) an Unrestricted Subsidiary; provided, however, that each Restricted Subsidiary acquired or created pursuant -------- ------- to clause (ii) shall have executed a guarantee, satisfactory in form and substance to the Trustee (and with such documentation relating thereto as the Trustee shall require, including, without limitation a supplement or amendment to the this Indenture and opinions of counsel as to the enforceability of such guarantee), pursuant to which such Restricted Subsidiary shall will become a Guarantor. As of the Issue Date, the Company will Issuers have no Restricted Subsidiaries, other than the GuarantorsInsight Ohio.

Limitation on Creation of Subsidiaries. The Company shall not create or acquire, nor permit any of its Restricted Subsidiaries to create or acquire, any Subsidiary other than (i) a Restricted Subsidiary existing as of the date of the this Indenture, (ii) a Restricted Subsidiary that is acquired or created after the date of the this Indenture, or (iii) an Unrestricted Subsidiary; provided, however, that each Restricted Subsidiary that is required to be a Guarantor pursuant to Article 10, and is acquired or created pursuant to clause (ii) shall have executed a guaranteeGuarantee, satisfactory in form and substance to the Trustee (and with such documentation relating thereto as the Trustee shall require, including, without limitation a supplement or amendment to the this Indenture and opinions of counsel as to the enforceability of such guaranteeGuarantee), pursuant to which such Restricted Subsidiary shall become a Guarantor. As of the Issue Date, the Company will have no Subsidiaries, other than the Guarantors.