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 Section 6 constitutes an instrument for the payment of money, and consents and agrees that any Lender or 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 6 contracts

Samples: Credit Agreement (Atrium Companies Inc), Credit Agreement (Atrium Companies Inc), Credit Agreement (Centennial Cellular Corp)

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Instrument for the Payment of Money. Each 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 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 5 contracts

Samples: Credit Agreement (Tmil Corp), Credit Agreement (Advanstar Holdings Inc), Credit Agreement (Applied Business Telecommunications)

Instrument for the Payment of Money. Each 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 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 (Triarc Companies Inc), Credit Agreement (Fabrene Group Inc), Credit Agreement (Eller Media Corp)

Instrument for the Payment of Money. Each 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 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 3 contracts

Samples: Credit Agreement (Cornell Corrections Inc), Subordinated Bridge Loan Agreement (Cornell Corrections Inc), Third Amended and Restated Credit 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 Bank or the 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 (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 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 a 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 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 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 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 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: Third Amended and Restated Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Decrane Aircraft Holdings Inc)

Instrument for the Payment of Money. Each 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 AgentCreditor, 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: Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Centennial Communications Corp /De)

Instrument for the Payment of Money. Each 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 Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-action under New York CPLR Section SECTION 3213.

Appears in 1 contract

Samples: Fourth Amended and Restated Credit Agreement (Cornell Companies Inc)

Instrument for the Payment of Money. Each 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 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 1 contract

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

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Instrument for the Payment of Money. Each 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, the Swingline Lender, the Issuing 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-motion or action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Schein Henry 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 a motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Panavision Inc)

Instrument for the Payment of Money. Each 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 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: Credit Agreement (Premier Parks Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Section 6 SECTION 7.7 constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, the Lessor 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 1 contract

Samples: Master Agreement (Cornell Companies Inc)

Instrument for the Payment of Money. Each 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 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: Credit Agreement (Tanner Chemicals Inc)

Instrument for the Payment of Money. Each 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 the 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: Credit Agreement (Bowater Inc)

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