Subsidiaries of Borrower Clause Examples for Any Agreement

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. A true and correct list of all direct and indirect Subsidiaries of the Borrower, together with the jurisdiction of incorporation of each Subsidiary, appears on Schedule 4.30 to this Agreement.

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. 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 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 Borrower’s subsidiary, Xxxxxx and Xxxxxxx, Inc. 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 or affiliates.

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 Xxxxxxxxx Energy Holdings, Inc., a subsidiary of Borrower) 3. Xxxxxxxxx Coal Company, Inc., a Delaware corporation (100% of common stock held by Xxxxxxxxx Energy Holdings, Inc., a subsidiary of Borrower) 4. Xxxxxxxxx Logistics Services, LLC, a Kentucky limited liability company (100% of membership interests held by Xxxxxxxxx Energy Holdings, Inc., a subsidiary of Borrower) 5. Western Diamond LLC, a Nevada limited liability company (100% of membership interests held by Xxxxxxxxx Energy Holdings, Inc., a subsidiary of Borrower) 6. Western Land Company, LLC, a Kentucky limited liability company (100% of membership interests held by Xxxxxxxxx Energy Holdings, Inc., a subsidiary of Borrower) Excluded Subsidiaries not listed above: Xxxxxxxxx Fabricators, Inc. and Elk Creek GP, LLC

Subsidiaries of Borrower. 4- 6 TABLE OF CONTENTS (Continued) EXHIBITS EXHIBIT A Form of Promissory Note EXHIBIT B Form of Custodial Agreement EXHIBIT C Form of Guarantee EXHIBIT D-1 Form of Request for Borrowing EXHIBIT D-2 Form of Loan Supplement EXHIBIT E Form of Opinion of Counsel to the Borrower EXHIBIT F Form of Borrowing Base Certificate EXHIBIT G Form of Covenant Compliance Certificate EXHIBIT H Form of Data Pool Report LOAN AND SECURITY AGREEMENT, dated as of September 6, 1996, between DVI FINANCIAL SERVICES INC., a Delaware corporation (the "Borrower"), and LEHMXX XXXMERCIAL PAPER INC., a New York corporation (the "Lender").

Subsidiaries of Borrower. The following table details the name and the jurisdiction of organization of each Subsidiary of the Borrower and the percentage of outstanding shares of such Subsidiary held by the Borrower: Great Lakes Dredge & Dock Company, LLC DE Borrower 100 % North American Site Developers, Inc. MA Borrower 85 %1 Great Lakes Caribbean Dredging, Inc. DE Borrower 100 % Xxxxxx Marine Services Company DE Borrower 100 % XXXXX Xxxxxxxx Xxxxxxxxxxx XX Xxxxxxxx 000 % JDC Soil Management & Development Inc. MA Borrower 100 %