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

Instrument for the Payment of Money. To the extent permitted by applicable law, the Guarantor hereby acknowledges that the guaranty provided herein constitutes an instrument for the payment of money, and consents and agrees that each Beneficiary, at such Beneficiary’s sole option, in the event of a dispute by 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 5 contracts

Samples: Guaranty (New Century Financial Corp), Guaranty (New Century Financial Corp), Guaranty (New Century Financial Corp)

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Instrument for the Payment of Money. To the extent permitted by applicable law, the Each Guarantor hereby acknowledges that the guaranty provided herein in this Section 15 constitutes an instrument for the payment of money, and consents and agrees that each Beneficiaryany Lender or Agent, at such Beneficiary’s its sole option, in the event of a dispute by the 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: Abl Credit Agreement (J.Jill, Inc.), Abl Credit Agreement (J.Jill, Inc.), Abl Credit Agreement (J.Jill, Inc.)

Instrument for the Payment of Money. To the extent permitted by applicable law, the Guarantor hereby acknowledges that the guaranty provided herein constitutes an instrument for the payment of money, and consents and agrees that each BeneficiaryLender, at such Beneficiary’s its sole option, in the event of a dispute by 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 4 contracts

Samples: Substitute Guaranty Agreement (Ares Commercial Real Estate Corp), Substitute Guaranty Agreement (Ares Commercial Real Estate Corp), Substitute Guaranty Agreement (Ares Commercial Real Estate Corp)

Instrument for the Payment of Money. To the extent permitted by applicable law, the Guarantor hereby acknowledges that the guaranty provided herein constitutes an instrument for the payment of money, and consents and agrees that each Beneficiary, at such Beneficiary’s sole option, in the event of a dispute by the Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-action under New York CPLR Civil Practice Law and Rules Section 3213.

Appears in 2 contracts

Samples: Guaranty (Fieldstone Investment Corp), Guaranty (Fieldstone Investment Corp)

Instrument for the Payment of Money. To the extent permitted by applicable law, the Guarantor hereby acknowledges that the guaranty provided herein constitutes an instrument for the payment of money, and consents and agrees that each BeneficiaryBuyer, at such Beneficiary’s its sole option, in the event of a dispute by 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 2 contracts

Samples: Substitute Guaranty Agreement (Ares Commercial Real Estate Corp), Substitute Guaranty Agreement (Ares Commercial Real Estate Corp)

Instrument for the Payment of Money. To the extent permitted by applicable law, the The Guarantor hereby acknowledges that the guaranty provided herein in this Section constitutes an instrument for the payment of money, and consents and agrees that each Beneficiaryany Guaranteed Party, at such Beneficiary’s its sole option, in the event of a dispute by the Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-motion action under New York CPLR Civil Practice Law and Rules Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Kenon Holdings Ltd.)

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Instrument for the Payment of Money. To the extent permitted by applicable law, the The Guarantor hereby acknowledges that the guaranty provided herein in this Article 10 constitutes an instrument for the payment of money, and consents and agrees that each Beneficiaryany Lender or the Agent, at such Beneficiary’s its sole option, in the event of a dispute by 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 (Ambac Financial Group Inc)

Instrument for the Payment of Money. To the extent permitted by applicable law, the Guarantor hereby acknowledges that the guaranty provided herein constitutes an instrument for the payment of money, and consents and agrees that each Beneficiarythe Lender, at such Beneficiary’s its sole option, in the event of a dispute by 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: Guaranty (New Century Financial Corp)

Instrument for the Payment of Money. To the extent permitted by applicable law, the The Guarantor hereby acknowledges that the guaranty provided herein in this Section 2 constitutes an instrument for the payment of money, and consents and agrees that each Beneficiarythe Lender, at such Beneficiary’s its sole option, in the event of a dispute by the Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion-motion action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Jubilant Generics Inc.)

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