Common use of Unenforceability of Certain Provisions Clause in Contracts

Unenforceability of Certain Provisions. Certain of the provisions contained in the Credit Agreement may be unenforceable or ineffective, in whole or in part. Such provisions include, without limitation, those which require waivers or amendments to be made only in writing. The inclusion of such provisions, however, does not render the Credit Agreement invalid as a whole, and the Credit Agreement contains, in our opinion, adequate remedial provisions for the ultimate practical realization of the principal benefits purported to be afforded by the Credit Agreement, subject to the other qualifications contained in this opinion letter. We note, however, that the unenforceability of such provisions may result in delays in enforcement of the rights and remedies of the Lender Parties under the Credit Agreement, and we express no opinion as to the economic consequences, if any, of such delays.