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 11 constitutes an instrument for the payment of money, and consents and agrees that each 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 8 contracts

Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

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Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article 11 constitutes an instrument for the payment of money, and consents and agrees that each 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 8 contracts

Samples: Credit Agreement and Guaranty (GeneDx Holdings Corp.), Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 Section 13 constitutes an instrument for the payment of money, and consents and agrees that each the 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 6 contracts

Samples: Term Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (Valeritas Holdings Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 constitutes an instrument for the payment of money, and consents and agrees that each Lenderany Guaranteed 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 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 (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article Section 11 constitutes an instrument for the payment of money, and consents and agrees that each 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 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 (Molecular Templates, Inc.), Credit Agreement (Zymeworks Inc.), Credit Agreement (Zymeworks Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 constitutes an instrument for the payment of money, and consents and agrees that each LenderLender and 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 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 (Cdi Corp), Credit Agreement (Cdi Corp), Credit Agreement (Cdi Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 Section 12 constitutes an instrument for the payment of money, and consents and agrees that each Administrative Agent or any 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 2 contracts

Samples: Senior Secured Convertible Credit Agreement (Kadmon Holdings, LLC), Senior Secured Convertible Credit Agreement (Kadmon Holdings, LLC)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 constitutes an instrument for the payment of money, and consents and agrees that each Lenderthe Secured Parties, 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 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 (Brookfield Infrastructure Partners L.P.), Credit Agreement (Brookfield Infrastructure Partners L.P.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 Section 14 constitutes an instrument for the payment of money, and consents and agrees that each Lenderthe Secured Parties, 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 2 contracts

Samples: Term Loan Agreement (Alignment Healthcare, Inc.), Term Loan Agreement (Alignment Healthcare, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 Section 13 constitutes an instrument for the payment of money, and consents and agrees that each Lenderany holder of a Note or the First Lien Collateral 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 2 contracts

Samples: Note Purchase Agreement (MN8 Energy, Inc.), Note Purchase Agreement (New PubCo Renewable Power Inc.)

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Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 Section 12 constitutes an instrument for the payment of money, and consents and agrees that each 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 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 (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article 11 constitutes an instrument for the payment of money, and consents and agrees that each Lender, at its sole option, in the event of a dispute by #98195096v26 such 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 (SOPHiA GENETICS SA)

Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article 11 Section 10 constitutes an instrument for the payment of money, and consents and agrees that each Lenderany Lender or any 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Term Loan Agreement (Sun Country Airlines Holdings, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 Section 12 constitutes an instrument for the payment of money, and consents and agrees that each LenderCollateral Agent and the Purchasers, 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Note Purchase Agreement (Invitae Corp)

Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article 11 10 constitutes an instrument for the payment of money, and consents and agrees that each Lenderthe Agent and the Lenders, 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 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 (NanoString Technologies Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 XV constitutes an instrument for the payment of money, and consents and agrees that each Lenderthe Collateral Agent and the Noteholders, 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Note Purchase Agreement (Agenus Inc)

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