(d) limitation of modification. * Cinemark USA, Inc. Such modification of the waiver has been duly executed and provided by each of the parties to the loan and constitutes a legal, valid and binding obligation for each of those parties to the loan, applicable in accordance with its terms, unless bankruptcy, insolvency, moratorium, reorganization or other similar laws concerning the rights of creditors in general are limited; and unless the applicability cannot be limited by general principles of fairness (that such applicability is taken into account in a procedure of fairness or justice). . . .