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

Instrument for the Payment of Money. The Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this 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 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)

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Instrument for the Payment of Money. The Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 the 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. The Each Subsidiary ----------------------------------- Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 the 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 (Smithfield Foods Inc), Year Credit Agreement (Smithfield Foods Inc)

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

Samples: Credit Agreement (Nextel International Inc)

Instrument for the Payment of Money. The Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 the 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.. 97 SC1:3775857.9 LEGAL_US_E # 113365636.9

Appears in 1 contract

Samples: Credit Agreement (CSG Systems International Inc)

Instrument for the Payment of Money. The Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 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 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 (Midwest Generation LLC)

Instrument for the Payment of Money. The Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 the 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: Term Loan Agreement (Softquad Software LTD)

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

Samples: Credit Agreement (Basic Energy Services Inc)

Instrument for the Payment of Money. The Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 the 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)

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Instrument for the Payment of Money. The Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 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 (Heftel Broadcasting Corp)

Instrument for the Payment of Money. The Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 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. The Subsidiary Subject to Section ----------------------------------- 10.09, each Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 the Subsidiary such 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 (Electric Lightwave Inc)

Instrument for the Payment of Money. The Each Subsidiary ----------------------------------- Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 the 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 (Hearst Argyle Television Inc)

Instrument for the Payment of Money. The Each Subsidiary Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Section 2 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 the 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: Security Agreement (Sinclair Broadcast Group Inc)

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