Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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 106 contracts
Samples: Credit Agreement (International Seaways, Inc.), First Lien Credit Agreement (SolarWinds Corp), Security Agreement (SolarWinds Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 102 contracts
Samples: Credit Agreement (Astronics Corp), Credit Agreement (Astronics Corp), Credit Agreement (Gates Industrial Corp PLC)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 27 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 VII 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 22 contracts
Samples: Credit Agreement (Clarivate PLC), Credit Agreement (CLARIVATE PLC), Credit Agreement (CLARIVATE PLC)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 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 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 18 contracts
Samples: Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Security Agreement (Sinclair Broadcast Group Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 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 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.), Second Lien Credit Agreement (Solera Corp.), Credit Agreement (Cvent Holding Corp.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 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 14 contracts
Samples: Credit Agreement (Constellation Brands, Inc.), Joint Venture Agreement (Nextel Partners Inc), Credit Agreement (Constellation Brands, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 11 contracts
Samples: Credit Agreement (Portillo's Inc.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 11 contracts
Samples: Credit Agreement (Yellow Corp), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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 32133213 to the extent permitted thereunder.
Appears in 9 contracts
Samples: Credit Agreement (Delta Petroleum Corp/Co), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 and each Co-Borrower hereby acknowledges that the guarantee in this Article 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: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this 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 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 8 contracts
Samples: Credit Agreement (iCIMS Holding LLC), Credit Agreement (iCIMS Holding LLC), Credit Agreement (iCIMS Holding LLC)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 hereby acknowledges that the guarantee in this Article VII 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 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 VII 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: Guarantee and Security Agreement (KKR & Co. Inc.), Guarantee and Security Agreement (KKR & Co. Inc.), Guarantee and Security Agreement (KKR & Co. Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article VII 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 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 5 contracts
Samples: Revolving Credit Agreement (Smithfield Foods Inc), Bridge Loan and Security Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this 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 5 contracts
Samples: Senior Secured Term Loan Credit Agreement (Internap Corp), Term Loan Credit Agreement (Internap Corp), Credit Agreement (Internap Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender 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 Civil Practice Law and Rules Section 3213.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 VII 15 constitutes an instrument for the payment of money, and consents and agrees that any Lender Holder (to the extent that the Holder is otherwise entitled to exercise rights and remedies hereunder) 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 32133213 to the extent permitted thereunder.
Appears in 4 contracts
Samples: Warrant Agreement (Gevo, Inc.), Indenture (Gevo, Inc.), Registration Rights Agreement (Gevo, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 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: Stockholders’ Agreement (Gsi Commerce Inc), Stockholders’ Agreement (Gsi Commerce Inc), Credit Agreement (Kemet Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 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 4 contracts
Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (CDW Finance Corp), Guarantee and Collateral Agreement (CDW Corp)
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article 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: 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 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 VII 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 VII 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 Guarantor hereby acknowledges that the guarantee in this 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 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 in this Article VII and under Article VII of the Original Credit Agreement and the Prior Credit 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 to bring a motion-action under New York CPLR Section 3213.. 140
Appears in 3 contracts
Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 3 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 hereby acknowledges that the guarantee in this Article VII 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: Term Loan and Bridge Loan Credit Agreement (Par Petroleum Corp/Co), 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 VII 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), Credit Agreement (Ion Geophysical Corp), Bridge Loan Agreement (Ion Geophysical Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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), Security Agreement (Foster Wheeler LTD)
Instrument for the Payment of Money. Each Guarantor and Borrower hereby acknowledges that the guarantee in this 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 (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 The Guarantor hereby acknowledges that the guarantee in this Article VII 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 VII II constitutes an instrument for the payment of money, and consents and agrees that any Lender 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 3 contracts
Samples: Guarantee and Collateral Agreement (ConvergeOne Holdings, Inc.), Guarantee and Collateral Agreement (Forum Merger Corp), Guarantee and Collateral Agreement (Forum Merger Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 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 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 Guarantee in this Article VII Section 7.01 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: Bridge Loan Agreement (Newell Brands Inc), Joinder Agreement (Newell Rubbermaid Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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: Guarantee and Collateral Agreement (CDW Corp), Term Loan Agreement (CDW Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 VII 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 guarantees in this Article VII 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: Guarantee Agreement (Somerset Power LLC), Indenture (NRG Energy Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 7 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: Credit Agreement (TMS International Corp.), Pledge and Security Agreement (TMS International Corp.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the this guarantee in this 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 2 contracts
Samples: Guaranty (VPNet Technologies, Inc.), VPNet Technologies, Inc.
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII VIII 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 and Guarantee (Weyerhaeuser Co), Credit Agreement and Guarantee (Plum Creek Timber Co Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or either 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 2 contracts
Samples: Credit Agreement (Pacificare Health Systems Inc /De/), Security Agreement (Pacificare Health Systems Inc /De/)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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), Franchise Agreement (NPC Operating Co B, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article VII 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 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 2 contracts
Samples: Pledge and Security Agreement (Iridium Facilities Corp), Subsidiary Guarantee Agreement (Iridium Operating LLC)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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: Intercreditor Agreement (Philadelphia Energy Solutions Inc.), Credit Agreement (Philadelphia Energy Solutions Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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 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 VII of such Guarantor in Section 7.01 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-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 Guarantee in this Article VII SECTION 10.01 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: Revolving Credit Agreement, Revolving Credit Agreement (Enstar Group LTD)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII Guaranty 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 2 contracts
Samples: www.sec.gov, Par Petroleum Corp/Co
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII and under Article VII of the Original Credit Agreement and the Prior Credit 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 to bring a motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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.. 267
Appears in 2 contracts
Samples: Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. /DE)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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.), Intercreditor Agreement (Option Care Health, Inc.)
Instrument for the Payment of Money. Each Guarantor of the Guarantors hereby acknowledges that the guarantee in this Article VII Section 7 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentCreditor, at its such Creditor’s 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 Facility Agreement (OSG America L.P.), Senior Secured Revolving Credit Facility Agreement (OSG America L.P.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article VII 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 (BRP (Luxembourg) 4 S.a.r.l.), Credit Agreement (Bombardier Recreational Products Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentMLC, 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: Supply and Offtake Agreement (Philadelphia Energy Solutions Inc.), Supply and Offtake Agreement (Philadelphia Energy Solutions Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 (Allied Waste Industries Inc), Credit Agreement (Adelphia Communications Corp)
Instrument for the Payment of Money. (A) Each Guarantor hereby acknowledges that the guarantee in this Article VII 12 constitutes an instrument for the payment of money, and consents and agrees that any Lender Holder (to the extent that the Holder is otherwise entitled to exercise rights and remedies hereunder) 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 32133213 to the extent permitted thereunder.
Appears in 2 contracts
Samples: Indenture (Maxeon Solar Technologies, Ltd.), Supplemental Indenture (Maxeon Rooster HoldCo, Ltd.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 VII 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.. *** Confidential treatment has been requested for the portions marked by “***”. The confidential redacted portions have been omitted and filed separately with the Commission
Appears in 1 contract
Samples: Loan Agreement (Vivint Solar, Inc.)
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article 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.. 161 1104695.02A-CHISR01A - MSW
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article 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 1 contract
Samples: Term Credit Agreement (Novelis Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 VII constitutes an instrument for the payment of moneymoney and not of collection, 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 (CCPR Services Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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: Guarantee and Security Agreement (Nextel Communications Inc)
Instrument for the Payment of Money. Each Guarantor The Guarantors hereby acknowledges acknowledge that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents consent and agrees agree that any Lender 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 1 contract
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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: Possession Credit Agreement (Raser Technologies Inc)
Instrument for the Payment of Money. (a) Each Foreign Guarantor hereby acknowledges that the guarantee in this 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 Foreign 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
Instrument for the Payment of Money. Each Guarantor and each Co-Borrower hereby acknowledges that the guarantee in this Article 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 228 1087312.03B-CHISR01A1209777.02-CHISR02A - MSW 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 (Novelis Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 in this Article VII and under Article VII of the Prior Credit 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 126 any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 VII 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
Instrument for the Payment of Money. (a) . Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article VII SECTION 9.01 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: Letter of Credit Facility Agreement (Enstar Group LTD)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 hereby acknowledges that the guarantee in this Article VII 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: Guarantee and Security Agreement (Nextel Communications Inc)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentGuaranteed Creditor, 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: Guarantee and Security Agreement (FS Global Credit Opportunities Fund)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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, 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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. Change Healthcare Inc. has requested confidential treatment of this registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission.
Appears in 1 contract
Instrument for the Payment of Money. Section 11.06 Each Guarantor hereby acknowledges that the guarantee in this Article VII 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: Credit Agreement (Prestige Consumer Healthcare Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 VII 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.. ALY Bridge Loan Agreement
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Article VII 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the this guarantee in this Article VII 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. SECTION 4.15.
Appears in 1 contract
Samples: Avaya Inc
Instrument for the Payment of Money. Each Guarantor The Guarantors hereby acknowledges acknowledge that the guarantee in this Article VII Section 2 constitutes an instrument for the payment of money, and consents consent and agrees agree that any Lender or the Agent, at its sole optionoption but with the prior written consent of the Majority Lenders (as defined in the Credit Agreement), in the event of a dispute by such Guarantor with 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 1 contract
Samples: Credit Agreement (Suiza Foods Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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-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 VII 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 3213the Requirements of Law of the State of Nevada or any other state in which the Borrower or any Subsidiary operates.
Appears in 1 contract
Samples: Loan Agreement (Body & Mind Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 8 constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, any Issuing Bank or the 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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.. Amended and Restated Revolving Credit Agreement
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor hereby acknowledges agrees that the guarantee in this Article VII III constitutes an “instrument for the payment of money” within the meaning and for purposes of New York CPLR Section 3213, 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 32133213 with respect thereto.
Appears in 1 contract