Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 motion-action under New York CPLR Section 3213.
Appears in 14 contracts
Samples: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Nextel Partners Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article Section 6 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 motion-action under New York CPLR Section 3213.
Appears in 8 contracts
Samples: Credit Agreement (International Telecommunication Data Systems Inc), Credit Agreement (Advo Inc), Credit Agreement (Imco Recycling Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 motion-action under New York CPLR Section 3213.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Smithfield Foods Inc), Five Year Credit Agreement (Smithfield Foods Inc), 364 Day Credit Agreement (Smithfield Foods Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 4 contracts
Samples: Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article Section 14 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 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 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 hereby acknowledges that the guarantee in this Article constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative 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 motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Credit Agreement (Pacificare Health Systems Inc /De/), Credit Agreement (Pacificare Health Systems Inc /De/)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article constitutes an instrument for the payment of moneymoney only, 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 motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Credit Agreement (Isp Minerals LLC), Credit Agreement (Isp Minerals Inc /Ny/)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article III constitutes an instrument for the payment of money, and consents and agrees that the Issuing Lender, any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such the Subsidiary Guarantor Guarantors in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Credit Agreement (Lamar Advertising Co), Credit Agreement (Lamar Advertising Co)
Instrument for the Payment of Money. Each The Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Article 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 Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Credit Agreement (Mediacom Capital Corp), Credit Agreement (Mediacom LLC)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 2 contracts
Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (BioScrip, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Iridium Facilities Corp), Subsidiary Guarantee Agreement (Iridium Operating LLC)
Instrument for the Payment of Money. Each Subsidiary ----------------------------------- Guarantor hereby acknowledges that the guarantee in this Article 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 motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Multi Year Credit Agreement (Smithfield Foods Inc), Multi Year Credit Agreement (Smithfield Foods Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 Credit Agreement 62 - 57 - moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 1 contract
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.. SC1:3775857.9 LEGAL_US_E # 113365636.9
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary The Guarantor hereby acknowledges that the guarantee in this Article Section 14 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 the Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-action motions and/or actions under New York CPLR Section 3213.. USActive 60330059.19 -140-
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article III constitutes an instrument for the payment of money, and consents and agrees that the LC Issuing Lender, any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such the Subsidiary Guarantor 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 (Nl Industries Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentAgents, at its 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 bring motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Loan Agreement (NRG Energy Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 motion-βaction under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each The Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article III 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 Credit Agreement 63 - 57 - dispute by such the Subsidiary Guarantor 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 Subsidiary Guarantor Holdings hereby acknowledges that the guarantee in this Article II 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 Subsidiary Guarantor Holdings in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor The Guarantors hereby acknowledges acknowledge that the guarantee in this Article 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 Subsidiary Guarantor the Guarantors in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor The Guarantors hereby acknowledges acknowledge that the guarantee in this Article constitutes an instrument for the payment of money, and consents and agrees that any Lender, Issuing Lender or the Administrative Agent, at its sole option, in the event of a dispute by such Subsidiary Guarantor the Company in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Credit Agreement (Bowater 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 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 motion-a motion action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentNoteholder, 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 motion-action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary ----------------------------------- Guarantor hereby acknowledges that the guarantee in this Article 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 motion-action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each The Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.
Appears in 1 contract