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

Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, 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 N.Y. Civ. Prac. L&R § 3213.

Appears in 9 contracts

Samples: Credit Agreement (Best Buy Co Inc), Credit Agreement (Best Buy Co Inc), Credit Agreement (Dillards Inc)

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Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, each 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 AgentGuaranteed Party, 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 proceed by motion action under for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 4 contracts

Samples: Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.)

Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, each Subsidiary Each Guarantor hereby acknowledges that the guarantee in this Article constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, the Collateral Agent 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 proceed by motion action under for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § ss. 3213.

Appears in 1 contract

Samples: Credit Agreement (Krispy Kreme Doughnuts Inc)

Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, each Subsidiary Each Guarantor hereby acknowledges that the guarantee in this Article constitutes an instrument for the payment of money, and consents and agrees that any Lender Party, the Collateral Agent, the Paying Agent 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 proceed by motion action under for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § ss. 3213.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Krispy Kreme Doughnuts Inc)

Instrument for the Payment of Money. To Each Subsidiary Guarantor hereby acknowledges, to the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, 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 have, to the extent permitted by law, the right to bring motion action under N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Credit Agreement (Ampex Corp /De/)

Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, each Subsidiary Each 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 proceed by motion action under for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § ss. 3213.

Appears in 1 contract

Samples: Credit Agreement (1 800 Flowers Com Inc)

Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, 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 N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Credit Agreement (Best Buy Co Inc)

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Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, each Subsidiary Each Guarantor hereby acknowledges that the guarantee in this Article X 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 proceed by motion action under for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Credit Agreement (Teleflex Inc)

Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, 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 Administrative Agent and any Lender or the Administrative AgentIssuing Lender, 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 N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Credit Agreement (Best Buy Co Inc)

Instrument for the Payment of Money. To the fullest extent permitted by N.Y. Civ. Prac. L&R § 3213 and other applicable law, each Subsidiary Each 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 proceed by motion action under for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § ss. 3213.

Appears in 1 contract

Samples: Credit Agreement (Griffon Corp)

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