Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 constitutes an instrument for the payment of money, and consents and agrees that the Secured Parties, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 17 contracts
Samples: Term Loan Agreement (Sanara MedTech Inc.), Term Loan Agreement (NeuroPace Inc), Loan Agreement (Treace Medical Concepts, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesAdministrative Agent and the Lenders, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 17 contracts
Samples: Credit Agreement and Guaranty (BioXcel Therapeutics, Inc.), Credit Agreement (Tpi Composites, Inc), Credit Agreement (Fractyl Health, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesLender, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 17 contracts
Samples: Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesLenders, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 16 contracts
Samples: Agreement (Decipher Biosciences, Inc.), Term Loan Agreement, Agreement (Decipher Biosciences, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 12 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesAdministrative Agent and the Lenders, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 5 contracts
Samples: Credit Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.), Security Agreement (Icagen, Inc.)
Instrument for the Payment of Money. Each Parent and each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 12 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesAdministrative Agent and the Lenders, at their sole option, in the event of a dispute by Parent or such Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 5 contracts
Samples: Forbearance Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee Guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that the Secured Parties, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 4 contracts
Samples: Credit Agreement and Guaranty (Apyx Medical Corp), Credit Agreement and Guaranty (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 constitutes an instrument for the payment of money, and consents and agrees that any Bank or the Secured PartiesAdministrative Agent, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § bring a motion-action under New York CPLR Section 3213.
Appears in 3 contracts
Samples: Credit Agreement (Coinmach Service Corp), Credit Agreement (Appliance Warehouse of America Inc), Credit Agreement (Coinmach Corp)
Instrument for the Payment of Money. Each Subsidiary Guarantor and Parent hereby acknowledges that the guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesAgent and the Lenders, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 3 contracts
Samples: Credit Agreement and Guaranty (Allurion Technologies, Inc.), Credit Agreement and Guaranty (Allurion Technologies Holdings, Inc.), Credit Agreement and Guaranty (Xeris Biopharma Holdings, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 12 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesLender, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 3 contracts
Samples: Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesAgent and the Lenders, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Oyster Point Pharma, Inc.), Credit Agreement and Guaranty (Oyster Point Pharma, Inc.)
Instrument for the Payment of Money. Each Holdings and each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesAdministrative Agent and the Lenders, at their sole option, in the event of a dispute by Holdings and such Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 2 contracts
Samples: Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Pear Therapeutics, Inc.)
Instrument for the Payment of Money. Each of the Subsidiary Guarantor Guarantors hereby acknowledges that the guarantee in this Section 14 Article XII constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesAgent and the Lenders, at their sole option, in the event of a dispute by such any Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement and Guaranty (Adma Biologics, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section SECTION 14 constitutes an instrument for the payment of money, and consents and agrees that the Secured Parties, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 Article constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Secured PartiesAdministrative Agent, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that Administrative Agent and the Secured PartiesLenders, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § §3213.
Appears in 1 contract
Samples: Credit Agreement and Guaranty (Aquestive Therapeutics, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 14 8 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesLender, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213complaint.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor and the Borrower hereby acknowledges that the guarantee in this Section 14 13 constitutes an instrument for the payment of money, and consents and agrees that the Secured PartiesAgent and the Lenders, at their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.
Appears in 1 contract
