Common use of Sched Clause in Contracts

Sched. solely with respect to the Company, breach or constitute a default by the Company under any agreement included as an exhibit to the Registration Statement; provided, however, that the foregoing opinion expressly excludes breaches and defaults under any such agreement (i) involving financial covenants or similar provisions requiring financial calculations or determinations to ascertain compliance, (ii) relating to the application of a “material adverse event” or similar words or phrases, or (iii) involving any statement or writing that may constitute parol evidence bearing on interpretation or construction; or