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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 32133213 to the extent permitted thereunder.

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.

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.

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.

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.

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.

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.

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.

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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI Guarantee Agreement 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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee guaranty in this Article XI Section 7 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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 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.

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.

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 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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the this guarantee in this Article XI constitutes an instrument for the payment of moneymoney only, and consents and agrees that the Trustee or any Lender or AgentHolder, 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.

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.

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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article XI 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.

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 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.

Instrument for the Payment of Money. Each Guarantor of the Guarantors hereby acknowledges that the guarantee in this Article XI 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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.. 1104695.02A-CHISR01A - MSW

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.

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.

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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article XI 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.

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.

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.

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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 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.

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.

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.

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article XI Section 22 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentholder of the Notes, 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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 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.

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

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.. *** Confidential treatment has been requested for the portions marked by “***”. The confidential redacted portions have been omitted and filed separately with the Commission

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.

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.

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 Agentthe 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.

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.

Instrument for the Payment of Money. (a) . Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article XI 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.

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.

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 Agentthe Holders, at its their 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.

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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges agrees that the guarantee in this Article XI 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.

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.

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.

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 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.

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.

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.

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article XI Clause 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentBeneficiary, 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.

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.

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

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee set forth in this Article XI Section 3 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.

Instrument for the Payment of Money. Each Guarantor The Guarantors hereby acknowledges acknowledge that the guarantee in this Article XI 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.

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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI 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.

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.

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.

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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article XI Section 7.01 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, any Issuing Bank, in each case 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.

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.

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XI Section 14 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentthe Holders, at its their 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.

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.

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