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

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 (Premier Parks Inc), Credit Agreement (Imco Recycling Inc)

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Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 a motion-action under New York CPLR Section 3213.

Appears in 6 contracts

Samples: Credit Agreement (Atrium Companies Inc), Credit Agreement (Aether Systems Inc), Credit Agreement (Atrium Companies Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby ----------------------------------- acknowledges that the guarantee in this 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 5 contracts

Samples: Credit Agreement (Applied Business Telecommunications), Credit Agreement (Advanstar Inc), Credit Agreement (Tuesday Morning Corp/De)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 4 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Fabrene Group Inc), Credit Agreement (Eller Media Corp)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 6 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 Section 6 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 motion-action under New York CPLR Section 3213.

Appears in 3 contracts

Samples: Credit Agreement (Forest Oil Corp), Credit Agreement (Forest Oil Corp), Credit Agreement (Forest Oil Corp)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 3 contracts

Samples: Credit Agreement (Cornell Corrections Inc), Credit Agreement (Cornell Corrections Inc), Subordinated Bridge Loan Agreement (Cornell Corrections Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 6 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentCreditor, 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 (Quest Diagnostics Inc), Credit Agreement (Centennial Communications Corp /De)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 6 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 motions and/or actions under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Entertainment Properties Trust), Credit Agreement (Entertainment Properties Trust)

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

Samples: Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Decrane Aircraft Holdings Inc)

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

Samples: Credit Agreement (Atrium Companies Inc), Credit Agreement (Pricellular Corp)

Instrument for the Payment of Money. Each Subsidiary ----------------------------------- Guarantor hereby acknowledges that the guarantee in this 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 1 contract

Samples: Credit Agreement (Krasovec Frank P)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 6 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 motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Iusacell Group S a De C V)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 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 SECTION 3213.

Appears in 1 contract

Samples: Credit Agreement (Cornell Companies Inc)

Instrument for the Payment of Money. Each Subsidiary The Guarantor hereby acknowledges that the guarantee in this Section 6 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 the 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: Credit Agreement (Bowater Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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.. Credit Agreement

Appears in 1 contract

Samples: Security Agreement (Panavision Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby (or, if applicable, by execution and delivery of a Joinder Agreement) acknowledges that the guarantee in this 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 1 contract

Samples: Credit Agreement (Tanner Chemicals Inc)

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Instrument for the Payment of Money. Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this 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 1 contract

Samples: Credit Agreement (Circor International Inc)

Instrument for the Payment of Money. Each Subsidiary Sub- sidiary Guarantor hereby acknowledges that the guarantee in this Section 6 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Adminis- trative 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

Samples: Credit Agreement (Advo Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 CREDIT AGREEMENT 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: Credit Agreement (Panavision Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 motions and/or actions under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Entertainment Properties Trust)

Instrument for the Payment of Money. Each Subsidiary ----------------------------------- Guarantor hereby acknowledges that the guarantee in this 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.. Credit Agreement ----------------

Appears in 1 contract

Samples: Credit Agreement (Advo Inc)

Instrument for the Payment of Money. Each Subsidiary ----------------------------------- Guarantor hereby acknowledges that the guarantee in this 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 1 contract

Samples: Credit Agreement (Premier Parks Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 6 22 constitutes an instrument for the payment of money, and consents and agrees that any Lender or holder of the Administrative AgentNotes, 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

Samples: Note Purchase Agreement (Circor International Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby ----------------------------------- acknowledges that the guarantee in this 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 1 contract

Samples: Credit Agreement (Princess Beverly Coal Holding Co Inc)

Instrument for the Payment of Money. Each The Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 6 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

Samples: Credit Agreement (Mediacom Capital Corp)

Instrument for the Payment of Money. Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this 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 1 contract

Samples: Credit Agreement (Premier Parks Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby ------------------------------------ acknowledges that the guarantee in this 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 1 contract

Samples: Credit Agreement (Princess Beverly Coal Holding Co Inc)

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