Enforceable Obligations. This Fifth Amendment is a legal, valid and binding obligation of such Obligor enforceable in accordance with its terms, except as enforceability may be limited by any applicable Debtor Relief Laws or general principles of equity.

3.3Validity and Enforceability. This Fifth Amendment constitutes the valid and binding obligation of Borrower enforceable in accordance with its terms, except as # the enforceability thereof may be limited by bankruptcy, insolvency or similar laws affecting creditor’s rights generally, and # the availability of equitable remedies may be limited by equitable principles of general application.