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.
Unenforceability of Certain Provisions. Certain of the provisions contained in the Subject Documents 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; authorize self-help or authorize any of the Lender Parties to act on behalf of, or exercise the rights of, the Borrower; violate applicable public policy; waive or do not require notice in connection with the exercise of remedies; authorize a standard for decision other than commercial reasonableness; purport to validate otherwise invalid provisions of other documents incorporated or referred to in any Subject Document; or subrogate any of the Lender Parties or any other party to the rights of others. The inclusion of such provisions, however, does not render any Subject Document invalid as a whole, and each of the Subject Documents contains, in our opinion, adequate remedial provisions for the ultimate practical realization of the principal benefits purported to be afforded by such Subject Document, 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 Subject Documents, and we express no opinion as to the economic consequences, if any, of such delays.
Unenforceability of Certain Provisions. Certain of the provisions contained in the Subject Documents 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; purport to waive the right of statutory or equitable redemption; authorize the taking of possession of collateral without judicial process or otherwise authorize self-help or authorize any of the Lender Parties to act on behalf of, or exercise the rights of, any Opinion Party; violate applicable public policy; waive or do not require notice in connection with the exercise of remedies; authorize a standard for decision other than commercial reasonableness; purport to validate otherwise invalid provisions of other documents incorporated or referred to in any Subject Document; purport to alter the priority of any lien or security interest; or subrogate any of the Lender Parties or any other party to the rights of others. The inclusion of such provisions, however, does not render any Subject Document invalid as a whole, and each of the Subject Documents contains, in our opinion, adequate remedial provisions for the ultimate practical realization of the principal benefits purported to be afforded by such Subject Document, 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 Subject Documents, and we express no opinion as to the economic consequences, if any, of such delays.
Unenforceability of Certain Provisions. Certain of the provisions contained in the Subject Documents (including, without limitation, provisions that (i) require waivers or amendments to be made only in writing, (ii) purport to waive the right of’ statutory or equitable redemption or (iii) provide for the exercise of self-help or other remedies without judicial process) may be unenforceable or ineffective, in whole or in part, but the inclusion of such provisions does not render any Subject Document invalid as a whole, and each of the Subject Documents contains, in our opinion, adequate remedial provisions for the ultimate practical realization of the principal benefits purported to be afforded by such Subject Document, 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 Subject Documents, and we express no opinion as to the economic consequences, if any, of such delays.
Unenforceability of Certain Provisions. Certain of the provisions contained in the Subject Documents may be unenforceable or ineffective, in whole or in part, but the inclusion of such provisions does not render any Subject Document invalid as a whole, and each of the Subject Documents contains, in our opinion, adequate remedial provisions for the ultimate practical realization of the principal benefits purported to be afforded by such Subject Document, 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 Designated Note Purchaser and the Designated Lender under the Subject Documents, and we express no opinion as to the economic consequences, if any, of such delays.
Unenforceability of Certain Provisions. Certain of the provisions contained in the Deed of Trust may be unenforceable or ineffective, in whole or in part. Such provisions include, for example, those which: waive or do not require notice in connection with the exercise of remedies; authorize a standard for decision other than commercial reasonableness; characterize any assignment as "absolute" or authorize the taking of possession of the Premises without judicial process or otherwise authorize self-help or authorize the Beneficiary to act on behalf of, or exercise the rights of, the Grantor. The inclusion of such provisions does not, however, render the Deed of Trust invalid as a whole, and the Deed of Trust contains, in our opinion, adequate remedial provisions for the ultimate practical realization of the principal benefits purported to be afforded by the Deed of Trust, 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 Beneficiary under the Deed of Trust, and we express no opinion as to the economic consequences, if any, of such delays.
Unenforceability of Certain Provisions. In the event that any one or more of the provisions of this Agreement are invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
Unenforceability of Certain Provisions. Certain of the provisions contained in any Subject Document may be unenforceable or ineffective, in whole or in part. Such provisions include, for example, those which: waive or do not require notice in connection with the exercise of remedies; require waivers or amendments to be made only in writing; purport to waive the right of statutory or equitable redemption; authorize a standard for decision other than commercial reasonableness; authorize the taking of possession of any collateral without judicial process or otherwise authorize self-help or authorize the Trustee to act on behalf of, or exercise the rights of, the Borrower; characterize any assignment of rents, leases and/or other documents, rights and interests as “absolute” rather than a collateral assignment for security purposes; purport to validate otherwise invalid provisions of other documents incorporated or referred to in any Subject Document; attempt to appoint a person as an attorney-in-fact for the Borrower or any other person; attempt to prohibit or restrict the transfer, alienation, mortgaging, encumbering or hypothecation of the properties covered by or described in the Subject Documents; purport to absolve a person from liability for, or the consequences of, its negligence, gross negligence, willful misconduct or breach of obligations; purport to waive stay, extension or usury laws; purport to alter the priority of any lien or security interest; subrogate the Trustee or any other party to the rights of others; permit partial foreclosure of the Deed of Trust; or provide for distribution of foreclosure proceeds other than in accordance with the laws of Texas. The inclusion of such provisions does not, however, render any Subject Document invalid as a whole, and each Subject Document contains, in our opinion, adequate remedial provisions for the ultimate practical realization of the principal benefits purported to be afforded by such Subject Document, 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 Trustee under any Subject Document, and we express no opinion as to the economic consequences, if any, of such delays.
Unenforceability of Certain Provisions. If any provision of the Agreement or the application thereof to any Party or circumstances shall, to any extent, now or hereafter be or become invalid or unenforceable, the remainder of the Agreement shall not be affected thereby and every other provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.
Unenforceability of Certain Provisions. Certain of the provisions contained in the Subject Documents 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; purport to waive the right of statutory or equitable redemption; violate applicable public policy; waive or do not require notice in connection with the exercise of remedies; authorize a standard for decision other than commercial reasonableness; purport to validate otherwise invalid provisions of other documents incorporated or referred to in any Subject Document; or purport to alter the priority of any lien or security interest. The inclusion of such provisions does not, however, render any of the Subject Documents invalid as a whole or, subject to the other qualifications set forth in this opinion letter, preclude (i) the judicial enforcement in accordance with Applicable Law of the obligation of the Company to repay as provided in the Bond the principal, together with interest thereon (to the extent not deemed a penalty), and (ii) the acceleration of the obligation of the Company to repay such principal, together with such interest, upon a material default by the Company in the payment of such principal or interest or upon a material default by the Company in any other material provision of the Subject Documents.
