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

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that this Guaranty 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 4 contracts

Samples: Credit Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc)

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the Guaranty in this Guaranty Article constitutes an instrument for the payment of money, and consents and agrees that any Lender Purchaser 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-motion action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Note Purchase Facility Agreement (Tele Norte Leste Participacoes Sa), Note Purchase Facility Agreement (Tele Norte Leste Participacoes Sa)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that this Guaranty constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative 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: Guaranty of Recourse Obligations (Lightstone Value Plus Real Estate Investment Trust, Inc.), Guaranty of Recourse Obligations (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that this Holdings Guaranty constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party 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.. [Remainder of page left intentionally blank]

Appears in 2 contracts

Samples: Subordination Agreement (KLDiscovery Inc.), Subordination Agreement (KLDiscovery Inc.)

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Guaranty 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 2 contracts

Samples: Limited Recourse Guaranty, Limited Recourse Guaranty (Par Petroleum Corp/Co)

Instrument for the Payment of Money. Each Guarantor Grantor hereby acknowledges that this the Guaranty constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentAgent and any other Secured Party, at its sole option, in the event of a dispute by such Guarantor Grantor 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 (CorePoint Lodging Inc.), Guaranty and Security Agreement (CorePoint Lodging Inc.)

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

Appears in 1 contract

Samples: Secured Guaranty (PRB Energy, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Guaranty constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentPurchaser, at as 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: Guaranty Agreement (Infocrossing Inc)

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that this Guaranty constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agenteach Holder, at its sole option, in the event of a dispute by such the Guarantor in the payment of any moneys monies due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.. NYK 1089612-4.079338.0012

Appears in 1 contract

Samples: Secured Guaranty (EnerJex Resources, Inc.)

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

Appears in 1 contract

Samples: Secured Guaranty (U S Wireless Data Inc)

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

Appears in 1 contract

Samples: Guaranty (Acme Television LLC)