EX-5 3 a89168exv5.htm EXHIBIT 5 exv5
 

EXHIBIT 5

OPINION AND CONSENT OF HEWITT & O’NEIL LLP

April 11, 2003

Quiksilver, Inc.
15202 Graham Street
Huntington Beach, CA 92649

         
  Re:     Quiksilver, Inc.- Registration Statement for Offering of an Aggregate of 800,000 Shares of Common Stock

Dear Ladies and Gentlemen:

          We have acted as counsel to Quiksilver, Inc., a Delaware corporation (the “Company”), in connection with the registration on Form S-8 (the “Registration Statement”) under the Securities Act of 1933, as amended, of 800,000 shares of the Company’s common stock (the “Shares”) authorized for issuance under the Company’s 2000 Stock Incentive Plan (the “Plan”).

          This opinion is being furnished in accordance with the requirements of Item 8 of Form S-8 and Item 601(b)(5)(i) of Regulation S-K.

          We have reviewed the Company’s charter documents and the corporate proceedings taken by the Company in connection with the establishment of the Plan. Based on such review, we are of the opinion that, if, as and when the Shares have been issued and sold (and the consideration therefor received) pursuant to the provisions of option agreements or stock purchase rights duly authorized under the Plan and in accordance with the Registration Statement, such Shares will be duly authorized, legally issued, fully paid and nonassessable.

          We consent to the filing of this opinion letter as Exhibit 5 to the Registration Statement.

          This opinion letter is rendered as of the date first written above and we disclaim any obligation to advise you of facts, circumstances, events or developments which hereafter may be brought to our attention and which may alter, affect or modify the opinion expressed herein. Our opinion is expressly limited to the matters set forth above and we render no opinion, whether by implication or otherwise, as to any other matters relating to the Company and the Shares.

     
    Very truly yours,
     
    /s/ Hewitt & O’Neil LLP
     
    HEWITT & O’NEIL LLP