Common use of Enforceability of Indenture Clause in Contracts

Enforceability of Indenture. The Base Indenture has been duly authorized, executed and delivered by (i) the Partnership and (ii) the predecessor of EPO and EPO, as applicable. The execution and delivery of, and the performance by EPO and the Partnership of their respective obligations under, the Supplemental Indenture have been duly and validly authorized by each of EPO and the Partnership. The Indenture, assuming due authorization, execution and delivery of the Base Indenture and the Supplemental Indenture by the Trustee, and when EPO and the Partnership have duly executed and delivered the Supplemental Indenture, will constitute a valid and legally binding agreement of EPO and the Partnership, enforceable against EPO and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Base Indenture is duly qualified under the Trust Indenture Act.

Enforceability of Indenture. The Base Indenture has been duly authorized, executed and delivered by (i) the Partnership and (ii) the predecessor of EPO and EPO, as applicable. The execution and delivery of, and the performance by EPO and the Partnership of their respective obligations under, under the Thirty-Fourth Supplemental Indenture have been duly and validly authorized by each of EPO and the Partnership. The Indenture, assuming Assuming due authorization, execution and delivery of the Base Indenture and the Thirty-Fourth Supplemental Indenture by the Trustee, and when EPO and the Partnership have duly executed and delivered the Thirty-Fourth Supplemental Indenture, the Indenture will constitute a valid and legally binding agreement of EPO and the Partnership, enforceable against EPO and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Base Indenture is duly qualified under the Trust Indenture Act.

Enforceability of Indenture. The Base Indenture has been duly authorized, executed and delivered by (i) the Partnership and (ii) the predecessor of EPO and EPO, as applicable. The execution and delivery of, and the performance by EPO and the Partnership of their respective obligations under, under the Thirty-Third Supplemental Indenture have been duly and validly authorized by each of EPO and the Partnership. The Indenture, assuming Assuming due authorization, execution and delivery of the Base Indenture and the Thirty-Third Supplemental Indenture by the Trustee, and when EPO and the Partnership have duly executed and delivered the Thirty-Third Supplemental Indenture, the Indenture will constitute a valid and legally binding agreement of EPO and the Partnership, enforceable against EPO and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Base Indenture is duly qualified under the Trust Indenture Act.