Subsidiaries of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word “Borrower” as used in this Agreement shall include all of Borrower’s subsidiaries. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other financial accommodation to any of Borrower’s subsidiaries.
Subsidiaries of Borrower. 1. Xxxxxxxxx Energy Holdings, Inc., a Delaware corporation (100% ownership of common stock)
2. Xxxxxxxxx Air, LLC, a Delaware limited liability company (100% of membership interests held by Armstrong Energy Holdings, Inc., a subsidiary of Borrower)
3. Armstrong Coal Company, Inc., a Delaware corporation (100% of common stock held by Armstrong Energy Holdings, Inc., a subsidiary of Borrower)
4. Western Diamond LLC, a Nevada limited liability company (100% of membership interests held by Armstrong Energy Holdings, Inc., a subsidiary of Borrower)
5. Western Land Company, LLC, a Kentucky limited liability company (100% of membership interests held by Armstrong Energy Holdings, Inc., a subsidiary of Borrower) Excluded Subsidiaries not listed above: Armstrong Fabricators, Inc., Armstrong Logistics Services, LLC, Elk Creek GP, LLC, and Survant Mining Company, LLC
Subsidiaries of Borrower. All of the Subsidiaries of Borrower, as of the date of this Agreement, are identified in Schedule 5.04 hereto. The capital stock of each such Subsidiary identified in Schedule 5.04 is duly authorized, validly issued, fully paid and nonassessable. Schedule 5.04 correctly sets forth the ownership interest as of the date hereof of Borrower in each of its subsidiaries. Each active Domestic Subsidiary is party hereto as a Guarantor.
Subsidiaries of Borrower. A true and correct list of all direct and indirect Subsidiaries of the Borrower, together with the jurisdiction of formation of each Subsidiary, appears on Schedule 1.01(b) to this Agreement.
Subsidiaries of Borrower promptly upon any Person becoming a Material Subsidiary of Borrower, such written notice as to the requirements such Material Subsidiary must fulfill under Section 6.8; and
Subsidiaries of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word "Borrower" as used in this Agreement shall include all of Borrower's Subsidiaries. Lender shall have the right, in its sole discretion, to require any Subsidiaries existing on the date hereof and any Subsidiaries formed or acquired after the date of this Agreement to execute and deliver a security agreement (in a form and content substantially similar to this Agreement, as from time to time amended) wherein such Subsidiary grants a security interest in all collateral of such Subsidiary that is substantially similar to the Collateral encumbered by this Agreement. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any loan or other financial accommodation to any of Borrower's Subsidiaries.
Subsidiaries of Borrower. (Section 3. 1): NONE PRIOR NAMES OF BORROWER (Section 3.2) NONE PRESENT TRADE NAMES OF BORROWER (Section 3.2): NONE PRIOR TRADE NAMES OF BORROWER (Section 3.2): NONE OTHER LOCATIONS AND ADDRESSES (Section 3.3): NONE MATERIAL ADVERSE LITIGATION (Section 3. 1 0): NONE NEGATIVE COVENANTS-EXCEPTIONS (Section 4.6): NONE FINANCIAL COVENANTS (Section 4. 1): NONE DEFINITIONS: "Tangible net worth" means the excess of total assets over total liabilities, determined in accordance with generally accepted accounting principles, excluding however all assets which would be classified as intangible assets under generally accepted accounting principles, including without limitation goodwill, licenses, patents, trademarks, trade names, copyrights, capitalized software and organizational costs, licenses and franchises. OTHER COVENANTS (Section 4.1): Borrower shall at all times comply with all of the following additional covenants:
Subsidiaries of Borrower. Borrower has no Subsidiaries except ------------------------ those which are listed on Schedule 5.1(b). The outstanding stock of --------------- Borrower has been duly and validly issued and is fully paid and nonassessable.
Subsidiaries of Borrower. State of Borrower's Subsidiary Incorporation % Ownership ---------- ------------- ----------- Beazer Mortgage Corporation Delaware 100% Beazer Homes Corp. Tennessee 100% Beazer Home Sales Arizona Inc. Delaware 100% Beazer Realty Corp. Georgia 100% Beazer/Xxxxxxx Realty, Inc. North Carolina 100% Xxxxxx Homes Realty, Inc. Florida 100% Beazer Homes Holdings Corp. Delaware 100% Beazer Homes Texas Holdings, Inc. Delaware 100% Beazer Homes Texas, L.P. Delaware 99%(1) United Housing Insurance Corporation Vermont 100%
