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

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that the 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 17 contracts

Samples: Term Loan Agreement (Raindance Technologies Inc), Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (TriVascular Technologies, Inc.)

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Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 14 constitutes an instrument for the payment of money, and consents and agrees that the LenderSecured Parties, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 17 contracts

Samples: Term Loan Agreement (Sanara MedTech Inc.), Loan Agreement (Treace Medical Concepts, Inc.), Loan Agreement (NanoString Technologies Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that the LenderAdministrative Agent and the Lenders, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 17 contracts

Samples: Credit Agreement and Guaranty (Zymergen Inc.), Credit Agreement (Fractyl Health, Inc.), Credit Agreement and Guaranty (ArcherDX, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that the LenderLenders, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 15 contracts

Samples: Agreement (Decipher Biosciences, Inc.), Loan Agreement (Navidea Biopharmaceuticals, Inc.), Agreement (Decipher Biosciences, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that the 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 6 contracts

Samples: Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 12 constitutes an instrument for the payment of money, and consents and agrees that the LenderAdministrative Agent and the Lenders, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 5 contracts

Samples: Security Agreement (Icagen, Inc.), Credit Agreement and Guaranty (Vapotherm Inc), Credit Agreement (Icagen, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee Guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that the LenderSecured Parties, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 4 contracts

Samples: Credit Agreement and Guaranty (Apyx Medical Corp), Credit Agreement (Sonendo, Inc.), Credit Agreement and Guaranty (Sonendo, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 12 constitutes an instrument for the payment of money, and consents and agrees that the 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 3 contracts

Samples: Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 Article constitutes an instrument for the payment of money, and consents and agrees that the Lenderany Lender or any Secured Party Representative, 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 3 contracts

Samples: Facility Agreement (Fly Leasing LTD), Senior Secured Credit Agreement (Fly Leasing LTD), Senior Secured Credit Agreement (Fly Leasing LTD)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 Article constitutes an instrument for the payment of money, and consents and agrees that the Lenderany Guaranteed 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 3 contracts

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

Instrument for the Payment of Money. Each of the Subsidiary Guarantor Guarantors hereby acknowledges that the guarantee in this Section 13 Article XII constitutes an instrument for the payment of money, and consents and agrees that the LenderAgent and the Lenders, at its their sole option, in the event of a dispute by such any Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement and Guaranty (Adma Biologics, Inc.)

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Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 14 constitutes an instrument for the payment of money, and consents and agrees that the LenderSecured Parties, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 2 contracts

Samples: Term Loan Agreement (Alignment Healthcare, Inc.), Term Loan Agreement (Alignment Healthcare, Inc.)

Instrument for the Payment of Money. Each Holdings and each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that the LenderAdministrative Agent and the Lenders, at its their sole option, in the event of a dispute by Holdings and such Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 2 contracts

Samples: Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Pear Therapeutics, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that the LenderAgent and the Lenders, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Oyster Point Pharma, Inc.), Credit Agreement and Guaranty (Oyster Point Pharma, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor and the Borrower hereby acknowledges that the guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that the LenderAgent and the Lenders, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Nevro Corp)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 constitutes an instrument for the payment of money, and consents and agrees that Administrative Agent and the LenderLenders, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § §3213.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Aquestive Therapeutics, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 SECTION 14 constitutes an instrument for the payment of money, and consents and agrees that the LenderSecured Parties, at its their 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Loan Agreement (Synergy Pharmaceuticals, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 13 Article constitutes an instrument for the payment of money, and consents and agrees that the any Lender, and any Derivatives Creditor or any Secured Party Representative, 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Facility Agreement (Fly Leasing LTD)

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