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

Instrument for the Payment of Money. 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 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 11 contracts

Samples: Credit Agreement (HMS Holdings Corp), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (HMS Holdings Corp)

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Instrument for the Payment of Money. Each 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 proceed by bring motion for summary judgment in lieu of complaint pursuant to action under N.Y. Civ. Prac. L&R § 3213.

Appears in 9 contracts

Samples: Assignment and Assumption (Best Buy Co Inc), Year Credit Agreement (Best Buy Co Inc), Guarantee Assumption Agreement (Best Buy Co Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee Guarantee in this Article 11 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agenteach 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 7 contracts

Samples: Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement (Biodesix Inc), Credit Agreement (GeneDx Holdings Corp.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agenteach 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 6 contracts

Samples: Credit Agreement (IsoPlexis Corp), Security Agreement (Chembio Diagnostics, Inc.), Credit Agreement and Guaranty (C4 Therapeutics, Inc.)

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

Appears in 5 contracts

Samples: Credit Agreement and Guaranty (Harrow Health, Inc.), Credit Agreement and Guaranty (Menlo Therapeutics Inc.), Credit Agreement and Guaranty (Harrow Health, Inc.)

Instrument for the Payment of Money. 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 AgentGuaranteed 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 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 (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article constitutes an instrument for the payment of money, and consents and agrees that any each Lender or and 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 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 (Cdi Corp), Credit Agreement (Cdi Corp), Credit Agreement (Cdi Corp)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article Section 11 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agenteach 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 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 (Zymeworks Inc.), Credit Agreement (Zymeworks Inc.), Credit Agreement (Molecular Templates, Inc.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article Section 12 constitutes an instrument for the payment of money, and consents and agrees that Administrative Agent or any Lender or the Administrative 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 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 (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)

Instrument for the Payment of Money. 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 AgentSecured Parties, 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 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 (Brookfield Infrastructure Partners L.P.), Credit Agreement (Brookfield Infrastructure Partners L.P.)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article 11 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative Agenteach 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213. Section 11.07.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Instrument for the Payment of Money. 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 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: Pledge Agreement (Teleflex Inc)

Instrument for the Payment of Money. 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 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 § ss. 3213.

Appears in 1 contract

Samples: Credit Agreement (Griffon Corp)

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Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guarantee in this Article Section 10 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative any 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Assignment and Assumption (Sun Country Airlines Holdings, Inc.)

Instrument for the Payment of Money. 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 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 § ss. 3213.

Appears in 1 contract

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

Instrument for the Payment of Money. 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 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 § ss. 3213.

Appears in 1 contract

Samples: Credit Agreement (1 800 Flowers Com Inc)

Instrument for the Payment of Money. 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 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 (Baldor Electric Co)

Instrument for the Payment of Money. 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 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 § ss. 3213.

Appears in 1 contract

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

Instrument for the Payment of Money. Each Guarantor and the Borrower hereby acknowledges that the guarantee in this Article 10 constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentAgent and the Lenders, 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 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 (NanoString Technologies Inc)

Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article XV constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentCollateral Agent and the Noteholders, 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 proceed by motion for summary judgment in lieu of complaint pursuant to N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Note Purchase Agreement (Agenus Inc)

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