Common use of Instrument for the Payment of Money Clause in Contracts

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 108 contracts

Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Trinseo PLC), Credit Agreement (Astronics Corp)

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Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 106 contracts

Samples: Credit Agreement (International Seaways, Inc.), First Lien Credit Agreement (SolarWinds Corp), Second Lien Credit Agreement (SolarWinds Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 11 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 32 contracts

Samples: Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. / Delaware)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI Guarantee constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 23 contracts

Samples: Credit Agreement (Clarivate PLC), Incremental Facility Amendment (CLARIVATE PLC), Incremental Facility Amendment (CLARIVATE PLC)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 21 contracts

Samples: Credit Agreement (Merge Healthcare Inc), Credit Agreement (Merge Healthcare Inc), Credit Agreement (Biglari Holdings Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 18 contracts

Samples: Incremental Loan Amendment (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 16 contracts

Samples: First Amendment to Credit Agreement (Portillo's Inc.), Additional Facility Joinder Agreement (Liberty Latin America Ltd.), Amendment Agreement (Liberty Latin America Ltd.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI ARTICLE VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 16 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-motion or action under New York CPLR Section 3213.

Appears in 15 contracts

Samples: Second Lien Credit Agreement (Solera Corp.), Credit Agreement (Solera Corp.), Credit Agreement (Cvent Holding Corp.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 11 constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 12 contracts

Samples: Credit Agreement (Yellow Corp), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)

Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor or the Borrower in the payment of any moneys due hereunder, shall have the right to bring a motion-motion or action under New York CPLR Section 3213.

Appears in 9 contracts

Samples: Assumption Agreement and Amendment No. 2 (iCIMS Holding LLC), Credit Agreement (iCIMS Holding LLC), Assumption Agreement and Amendment No. 1 (iCIMS Holding LLC)

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article XI Section 13 constitutes an instrument for the payment of money, and consents and agrees that any the Lender or the Administrative Agent, at its sole option, in the event of a dispute by such the Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action motions and/or actions under New York CPLR Section 3213.

Appears in 8 contracts

Samples: Revolving Credit Agreement (MN8 Energy, Inc.), Revolving Credit Agreement (MN8 Energy, Inc.), Revolving Credit Agreement (MN8 Energy, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 8 contracts

Samples: Credit Agreement (TiVo Corp), Credit Agreement (Hercules Offshore, Inc.), First Lien Credit Agreement (Global Geophysical Services Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 8 contracts

Samples: Abl Credit Agreement (Prestige Consumer Healthcare Inc.), Credit Agreement (Redwire Corp), Term Loan Credit Agreement (Prestige Consumer Healthcare Inc.)

Instrument for the Payment of Money. Each Guarantor and each Co-Borrower hereby acknowledges that the guarantee in this Article XI ARTICLE VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 8 contracts

Samples: Refinancing Amendment to Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI Section 10 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 8 contracts

Samples: Credit Agreement (Tivity Health, Inc.), Credit Agreement (Davita Healthcare Partners Inc.), Credit Agreement (Davita Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI X constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 8 contracts

Samples: Credit Agreement (Telesat Holdings Inc.), Credit Agreement (Telesat Holdings Inc.), Credit Agreement (Telesat Holdings Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentSecured Creditor, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 7 contracts

Samples: 364 Day Revolving Credit Agreement (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. Inc.), Revolving Credit Agreement (KKR & Co. Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 5 contracts

Samples: Senior Secured Term Loan Credit Agreement (Internap Corp), Second Out Term Loan Credit Agreement (Internap Corp), Senior Secured Debtor in Possession Credit Agreement (Internap Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Issuing Lender, any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such any Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 4 contracts

Samples: Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 9 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 4 contracts

Samples: Term Loan, Guarantee and Security Agreement (Volta Inc.), Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentLender, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Gsi Commerce Inc), Stock Purchase Agreement (Gsi Commerce Inc), Credit Agreement (Kemet Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI of such Guarantor in Section 11.01 constitutes an instrument for the payment of money, and consents and agrees that any Lender or any Administrative Agent, at its sole option, in the event of a dispute by such any Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 4 contracts

Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)

Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article XI ARTICLE VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 3 contracts

Samples: Refinancing Amendment Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Instrument for the Payment of Money. Each Guarantor and Borrower hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor (or such Borrower) in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 3 contracts

Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI X constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentAgent Party, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 3 contracts

Samples: Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI IX constitutes an instrument for the payment of money, and consents and agrees that any Lender or Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 32133213 to the extent permitted thereunder.

Appears in 3 contracts

Samples: Delayed Draw Term Loan and Bridge Loan Credit Agreement (Par Petroleum Corp/Co), Delayed Draw Term Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Agreement (Gevo, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantees in this Article XI IX constitutes an instrument for the payment of money, money and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 3 contracts

Samples: Credit Agreement (Ion Geophysical Corp), Bridge Loan Agreement (Ion Geophysical Corp), Credit Agreement (Ion Geophysical Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI IV constitutes an instrument for the payment of money, and consents and agrees that any Issuing Lender, any Lender (and any Affiliate thereof party to any Hedging Agreement) or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor the Guarantors in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 3 contracts

Samples: Credit Agreement (Foster Wheeler Ag), Credit Agreement (Foster Wheeler Ag), Credit Agreement (Foster Wheeler LTD)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR CRPL Section 3213.

Appears in 3 contracts

Samples: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom))

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under Section 3213 of the New York CPLR Section 3213Civil Practice Law and Rules.

Appears in 3 contracts

Samples: Credit Agreement (Res Care Inc /Ky/), Credit Agreement (Res Care Inc /Ky/), Credit Agreement (ResCare Finance, Inc.)

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article XI Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such the Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 3 contracts

Samples: Senior Guaranteed Credit Agreement (Iridium Facilities Corp), Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action motions and/or actions under New York CPLR Section 3213.

Appears in 3 contracts

Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article XI 9 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentCreditor, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Bombardier Recreational Products Inc.), Credit Agreement (BRP (Luxembourg) 4 S.a.r.l.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Any Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI IX constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, any Issuing Bank or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Adelphia Communications Corp), Credit Agreement (Allied Waste Industries Inc)

Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article XI ARTICLE VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Short Term Credit Agreement (Novelis Inc.), Short Term Credit Agreement (Novelis Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, any Issuing Bank or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Terra Industries Inc), Credit Agreement (Terra Industries Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI XIII constitutes an instrument for the payment of money, and consents and agrees that the Administrative Agent, the Collateral Agent or any Lender or AgentLender, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Operating Co B, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentthe Lender, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI X constitutes an instrument for the payment of money, and consents and agrees that any Lender Holder or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Note Purchase Agreement (Sitio Royalties Corp.), Indenture (Option Care Health, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI XIII constitutes an instrument for the payment of money, and consents and agrees that any Lender Holder or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Berry Corp (Bry)), Senior Secured Term Loan Credit Agreement (Berry Corp (Bry))

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, Co-Collateral Agent or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Layne Christensen Co), Credit Agreement (Layne Christensen Co)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or any Administrative Agent, at its sole option, in the event of a dispute by such any Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Term Loan Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentLoan Secured Party, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Term Loan Agreement (CDW Corp), Guarantee and Collateral Agreement (CDW Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Term Loan Agreement (Philadelphia Energy Solutions Inc.), Term Loan Agreement (Philadelphia Energy Solutions Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee guarantees in this Article XI constitutes constitute an instrument for the payment of money, and consents and agrees that any Lender Holder or Agentthe Trustee, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Indenture (NRG Energy Inc), Indenture (Somerset Power LLC)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentLender, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Senior Unsecured Bridge Loan Agreement (Allis Chalmers Energy Inc.), Credit Agreement (Geokinetics Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the this guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Guaranty (VPNet Technologies, Inc.), Guaranty (VPNet Technologies, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-motion action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, Credit Agreement in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Chart Industries Inc)

Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor or the Borrower in the payment of any moneys due hereunder, shall have the right to bring a motion-motion or action under New York CPLR Section 3213.. 167 US-DOCS\133960081.2

Appears in 1 contract

Samples: Credit Agreement (Blend Labs, Inc.)

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Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentNoteholder, at its sole option, in the event of a dispute by such Guarantor in as to the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Purchase Agreement (Digital Domain)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI ‎XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (OTG EXP, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender Agent or AgentLender, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Nextel Communications Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VI constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Revolving Credit Agreement (Regency Energy Partners LP)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI XIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Term Loan Credit and Guaranty Agreement (New Enterprise Stone & Lime Co., Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI ‎VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Inotiv, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI Section 13 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Algoma Steel Group Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI II constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Knoll Inc)

Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article XI ARTICLE VII constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, the Collateral Agent or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Short Term Credit Agreement (Novelis Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI XIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (NPC International Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI ‎Article 11 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Uniti Group Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI XII constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 32133213 to the extent permitted thereunder.

Appears in 1 contract

Samples: Debt Agreement (Raser Technologies Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or any Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Superpriority Priming Debtor in Possession Credit Agreement (CareMax, Inc.)

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Issuing Lender, any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such the Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

Instrument for the Payment of Money. Each Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Article XI VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, any Issuing Bank or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Terra Industries Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Stanadyne Holdings, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender Agent or AgentSecured Party, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Nextel Communications Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 16 constitutes an instrument for the payment of money, and consents and agrees that any Lender Bank or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Loan Agreement (Ternium S.A.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee guarantees in this Article XI constitutes constitute an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-motion - action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Working Capital Agreement (Louisiana Generating LLC)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender Holder or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Berry Corp (Bry))

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.. -193-

Appears in 1 contract

Samples: Abl Credit Agreement (Prestige Consumer Healthcare Inc.)

Instrument for the Payment of Money. Each Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Article XI VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Terra Industries Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee guaranty in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Lyondell Chemical Co)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI XIII constitutes an instrument for the payment of money, and consents and agrees that the Administrative Agent, the Collateral Agent or any Lender or AgentLender, at its sole option, in the event of a dispute by such Guarantor Guar- antor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (NPC Restaurant Holdings, LLC)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI Agreement constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right right, to the fullest extent permitted by applicable Requirements of Law, to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Guarantee Agreement (Colonial Downs, LLC)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.. Amended and Restated Revolving Credit Agreement

Appears in 1 contract

Samples: Revolving Credit Agreement (Chart Industries Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI IV constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentany agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Advanced Medical Optics Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-motion action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Tele Norte Celular Participacoes Sa)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI XII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Term Loan Credit and Guaranty Agreement (New Enterprise Stone & Lime Co., Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI ‎Article VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-motion or action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Ping Identity Holding Corp.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee guarantees in this Article XI constitutes constitute an instrument for the payment of money, and consents and agrees that any Lender or Agentthe Administrative Agents, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Working Capital Agreement (Somerset Power LLC)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI I constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, the Administrative Agent or the Collateral Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Claires Stores Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the this guarantee in this Article XI constitutes an instrument for the payment of money, and consents con- sents and agrees that any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: u.s. Guaranty (Foreign Abl) (Avaya Inc)

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