Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 106 contracts
Samples: Credit Agreement (Broder Bros Co), Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Spirit Finance Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XI 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 99 contracts
Samples: Credit Agreement (Trinseo S.A.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (Avanos Medical, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 11 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 26 contracts
Samples: Credit Agreement (Communications Sales & Leasing, Inc.), Credit Agreement (Uniti Group Inc.), Credit Agreement (Alight Inc. / DE)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Guarantee 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 22 contracts
Samples: Credit Agreement (Navios South American Logistics Inc.), Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (CLARIVATE PLC)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article VII 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 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 21 contracts
Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (CSG Systems International Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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 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 18 contracts
Samples: Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article ARTICLE VII 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 16 contracts
Samples: Credit Agreement (Novelis Inc.), Security Agreement (Novelis South America Holdings LLC), Credit Agreement (Novelis Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this 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 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 14 contracts
Samples: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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-motion or action under New York CPLR Section 3213.
Appears in 13 contracts
Samples: Second Lien Credit Agreement (Allvue Systems Holdings, Inc.), Credit Agreement (Juno Topco, Inc.), Credit Agreement (Roaring Fork Holding, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 11 constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party 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 11 contracts
Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XI 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 11 contracts
Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 32133213 to the extent permitted thereunder.
Appears in 9 contracts
Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Wh Holdings Cayman Islands LTD)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII X 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 8 contracts
Samples: Credit Agreement (Telesat Canada), Senior Bridge Loan Agreement (Loral Space & Communications Inc.), Senior Secured Loan Agreement (Nielsen Holdings B.V.)
Instrument for the Payment of Money. Each Guarantor and each Co-Borrower hereby acknowledges that the guarantee in this Article ARTICLE VII 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 8 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article VII 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 or the Borrower 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 8 contracts
Samples: Credit Agreement (iCIMS Holding LLC), Credit Agreement (Integral Ad Science Holding LLC), Credit Agreement (iCIMS Holding LLC)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 10 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 8 contracts
Samples: Credit Agreement (Davita Inc), Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party 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 8 contracts
Samples: Credit Agreement (TiVo Corp), Credit Agreement (NDS Group Holdings, LTD), Credit Agreement (Rovi Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XI constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party 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 8 contracts
Samples: Abl Credit Agreement (Prestige Brands Holdings, Inc.), Abl Credit Agreement (Prestige Consumer Healthcare Inc.), Credit Agreement (Redwire Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentSecured Creditor, 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 7 contracts
Samples: Guarantee and Security Agreement (KKR & Co. Inc.), Day Revolving Credit Agreement (KKR & Co. Inc.), Assignment and Assumption (KKR & Co. L.P.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article VII 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 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 5 contracts
Samples: Revolving Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc), Bridge Loan and Security Agreement (Smithfield Foods Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article VII 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 5 contracts
Samples: Term Loan Credit Agreement (Internap Corp), Credit Agreement (Internap Corp), Senior Secured Term Loan Credit Agreement (Internap Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 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 (Kemet Corp), Credit Agreement (Kemet Corp), Stockholders’ Agreement (Gsi Commerce Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentSecured 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 bring a motion-action under New York CPLR Civil Practice Law and Rules Section 3213.
Appears in 4 contracts
Samples: Credit Agreement (Thryv Holdings, Inc.), Guarantee and Collateral Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 9 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 4 contracts
Samples: Term Loan, Guarantee and Security Agreement (Volta Inc.), Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents and agrees that any Issuing Lender, any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such any 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 (Brunswick Corp), Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 15 constitutes an instrument for the payment of money, and consents and agrees that any Lender Holder (to the extent that the Holder is otherwise entitled to exercise rights and remedies hereunder) or Agentthe Trustee, 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 32133213 to the extent permitted thereunder.
Appears in 4 contracts
Samples: Indenture (Gevo, Inc.), Registration Rights Agreement (Gevo, Inc.), Exchange and Purchase Agreement (Gevo, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XI 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 Section 3213 of the New York CPLR Section 3213Civil Practice Law and Rules.
Appears in 3 contracts
Samples: Credit Agreement (ResCare Finance, Inc.), Credit Agreement (Res Care Inc /Ky/), Credit Agreement (Res Care Inc /Ky/)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentLoan Secured 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 bring a motion-action under New York CPLR Section 3213.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (CDW Finance Corp), Intercreditor Agreement (CDW Corp), Guarantee and Collateral Agreement (CDW Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII X constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentAgent 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 bring a motion-action under New York CPLR Section 3213.
Appears in 3 contracts
Samples: Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII IX constitutes an instrument for the payment of money, and consents and agrees that any Lender or 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 32133213 to the extent permitted thereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan and Bridge Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Agreement (Gevo, Inc.)
Instrument for the Payment of Money. Each Guarantor and Borrower hereby acknowledges that the guarantee in this Article VII 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 (or such Borrower) 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 (Massey Energy Co), Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII and under Article VII of the Original Credit Agreement and the Prior Credit Agreement 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.. 140
Appears in 3 contracts
Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article ARTICLE VII 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 3 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII IV constitutes an instrument for the payment of money, and consents and agrees that any Issuing Lender, any Lender (and any Affiliate thereof party to any Hedging Agreement) or the Administrative Agent, at its sole option, in the event of a dispute by such Guarantor the 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 3 contracts
Samples: Security Agreement (Foster Wheeler LTD), Credit Agreement (Foster Wheeler Ag), Credit Agreement (Foster Wheeler Ag)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII II constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentSecured 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 bring a motion-action under New York CPLR Section 3213.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (ConvergeOne Holdings, Inc.), Guarantee and Collateral Agreement (Forum Merger Corp), Guarantee and Collateral Agreement (Forum Merger Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII of such Guarantor in Section 11.01 constitutes an instrument for the payment of money, and consents and agrees that any Lender or any Administrative Agent, at its sole option, in the event of a dispute by such any 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 (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the this guarantee in this Article VII constitutes an instrument for the payment of moneymoney only, and consents and agrees that the Trustee or any Lender or AgentHolder, 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: Guarantee Agreement (Somerset Power LLC), Indenture (NRG Energy Inc), Registration Rights Agreement (Northeast Generation Co)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII 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 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 3 contracts
Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc), Senior Guaranteed Credit Agreement (Iridium Facilities Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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 CRPL Section 3213.
Appears in 3 contracts
Samples: Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom)), Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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 such 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 3 contracts
Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantees in this Article VII IX constitutes an instrument for the payment of money, 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 3 contracts
Samples: Credit Agreement (Ion Geophysical Corp), Credit Agreement (Ion Geophysical Corp), Bridge Loan Agreement (Ion Geophysical Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentthe 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 bring a motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee guarantees in this Article VII constitutes constitute an instrument for the payment of money, and consents and agrees that any Lender Holder or Agentthe Trustee, 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: Guarantee Agreement (Somerset Power LLC), Indenture (NRG Energy Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, Co-Collateral Agent 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 (Layne Christensen Co), Credit Agreement (Layne Christensen Co)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 7 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 2 contracts
Samples: Credit Agreement (TMS International Corp.), Pledge and Security Agreement (TMS International Corp.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 2 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 (Philadelphia Energy Solutions Inc.), Intercreditor Agreement (Philadelphia Energy Solutions Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentLoan Secured 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 bring a motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (CDW Corp), Term Loan Agreement (CDW Corp)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentthe 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 bring a motion-action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Credit Agreement and Guarantee (Weyerhaeuser Co), Credit Agreement and Guarantee (Plum Creek Timber Co Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XI constitutes an instrument for the payment of money, and consents and agrees that any Lender or any Administrative Agent, at its sole option, in the event of a dispute by such any 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: Term Loan Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article VII SECTION 10.01 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 2 contracts
Samples: Revolving Credit Agreement (Enstar Group LTD), Revolving Credit Agreement
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the this guarantee in this Article VII 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: Guaranty (VPNet Technologies, Inc.), VPNet Technologies, Inc.
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XIII constitutes an instrument for the payment of money, and consents and agrees that the Administrative Agent, the Collateral Agent or any Lender or AgentLender, 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: Franchise Agreement (NPC Operating Co B, Inc.), Credit Agreement (NPC Restaurant Holdings, LLC)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentMLC, 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: Supply and Offtake Agreement (Philadelphia Energy Solutions Inc.), Supply and Offtake Agreement (Philadelphia Energy Solutions Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII IX constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, any Issuing Bank 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 2 contracts
Samples: Credit Agreement (Adelphia Communications Corp), Credit Agreement (Allied Waste Industries Inc)
Instrument for the Payment of Money. Each Guarantor of the Guarantors hereby acknowledges that the guarantee in this Article VII Section 7 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentCreditor, at its such Creditor’s 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: Senior Secured Revolving Credit Facility Agreement (OSG America L.P.), Credit Facility Agreement (OSG America L.P.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII X constitutes an instrument for the payment of money, and consents and agrees that any Lender Holder 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: Intercreditor Agreement (Option Care Health, Inc.), Note Purchase Agreement (Sitio Royalties Corp.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents and agrees that any Lender or either 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: Credit Agreement (Pacificare Health Systems Inc /De/), Security Agreement (Pacificare Health Systems Inc /De/)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII and under Article VII of the Original Credit Agreement and the Prior Credit Agreement 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 (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 11 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.. 267
Appears in 2 contracts
Samples: Credit Agreement (Alight, Inc. /DE), Credit Agreement (Alight, Inc. / Delaware)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article VII 9 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 (BRP (Luxembourg) 4 S.a.r.l.), Credit Agreement (Bombardier Recreational Products Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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 such Any 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 (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article VII Section 7.01 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 2 contracts
Samples: Bridge Loan Agreement (Newell Brands Inc), Joinder Agreement (Newell Rubbermaid Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 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-motion action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, any Issuing Bank 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 2 contracts
Samples: Credit Agreement (Terra Industries Inc), Credit Agreement (Terra Industries Inc)
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article 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 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.. 161 1104695.02A-CHISR01A - MSW
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor The Guarantors hereby acknowledges acknowledge that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents and agrees that any Lender, Issuing Lender or Administrative Agent, at its sole option, in the event of a dispute by such Guarantor the Company 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)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 12 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 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 (Xl Capital LTD)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents and agrees that any Issuing Lender, any Lender 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 (Brunswick Corp)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII Section 2 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentGuaranteed Creditor, 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: Guarantee and Security Agreement (FS Global Credit Opportunities Fund)
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article 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 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: Term Credit Agreement (Novelis Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII VI 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: Revolving Credit Agreement (Regency Energy Partners LP)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII II 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 (Knoll Inc)
Instrument for the Payment of Money. (a) Each Foreign Guarantor hereby acknowledges that the guarantee in this Article VII 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 Foreign 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this 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, Credit Agreement 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article VII Section 7.01 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agent, any Issuing Bank, in each case 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article Article VII 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-motion or action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XIII constitutes an instrument for the payment of money, and consents and agrees that any Lender or 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: Term Loan Credit and Guaranty Agreement (New Enterprise Stone & Lime Co., Inc.)
Instrument for the Payment of Money. Each Subject to Section 10.09, each Guarantor hereby acknowledges that the guarantee in this Article VII 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 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII constitutes an instrument for the payment of money, and consents and agrees that any Lender Agent or AgentSecured 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 bring a motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Guarantee and Security Agreement (Nextel Communications Inc)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 16 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 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: Loan Agreement (Ternium S.A.)
Instrument for the Payment of Money. Each Guarantor ----------------------------------- hereby acknowledges that the guarantee in this Article VII VIII constitutes an instrument for the payment of money, and consents and agrees that any Lender Lender, any Issuing Bank 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the this guarantee in this Article VII constitutes an instrument for the payment of money, and consents con- sents 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. SECTION 4.15.
Appears in 1 contract
Samples: Avaya Inc
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII X 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 3213the Requirements of Law of the State of Nevada or any other state in which the Borrower or any Subsidiary operates.
Appears in 1 contract
Samples: Loan Agreement (Body & Mind Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII VII 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 (Inotiv, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII XI 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.. 160
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 11 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: Loan Agreement (Xfone Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 7 constitutes an instrument for the payment of money, and consents and agrees that any Lender Holder (to the extent that the Holder is otherwise entitled to exercise rights and remedies hereunder) or Agentthe Trustee, 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 32133213 to the extent permitted thereunder.
Appears in 1 contract
Samples: SAExploration Holdings, Inc.
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII of such Guarantor in Section 7.01 constitutes an instrument for the payment of money, and consents and agrees that any Lender or any Administrative Agent, at its sole option, in the event of a dispute by such any Guarantor in the payment of any moneys due hereunder, shall have the right to bring a motion-motion- action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII Section 13 constitutes an instrument for the payment of money, and consents and agrees that any the Lender 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 motions and/or actions under New York CPLR Section 3213.. 141
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII 11 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.. *** Confidential treatment has been requested for the portions marked by “***”. The confidential redacted portions have been omitted and filed separately with the Commission
Appears in 1 contract
Samples: Loan Agreement (Vivint Solar, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII IV constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentany 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 14 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentthe Holders, 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 bring a motion-motion action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article ARTICLE VII 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 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
Instrument for the Payment of Money. Section 11.06 Each Guarantor hereby acknowledges that the guarantee in this Article VII XI constitutes an instrument for the payment of money, and consents and agrees that any Lender Secured Party 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.. -193-
Appears in 1 contract
Samples: Credit Agreement (Prestige Consumer Healthcare Inc.)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article VII Section 13 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 the 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.. 129
Appears in 1 contract
Instrument for the Payment of Money. SECTION 11.06 Each Guarantor hereby acknowledges that the guarantee in this Article VII XI 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 14 constitutes an instrument for the payment of money, and consents and agrees that any Lender Lessor or Agentany Secured 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 bring a motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Intra Company Spectrum Lease Agreement (SPRINT Corp)
Instrument for the Payment of Money. (a) . Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article VII SECTION 9.01 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: Letter of Credit Facility Agreement (Enstar Group LTD)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII VIII 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article VII Section 13 constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agentthe Holders, 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 bring a motion-action under New York CPLR Section 3213.
Appears in 1 contract