Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 constitutes an instrument for the payment of money, and consents and agrees that any Secured 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 bring motion action under New York CPLR Section 3213.
Appears in 17 contracts
Samples: Guarantee and Security Agreement (Franklin BSP Capital Corp), Guarantee and Security Agreement (Stellus Capital Investment Corp), Guarantee Assumption Agreement (Credit Suisse Park View BDC, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 constitutes an instrument for the payment of money, and consents and agrees that any Secured Party, at its sole option, in the event of a dispute by such Subsidiary Guarantor in the payment of any moneys due hereunder, shall (to the extent permitted under applicable law) have the right to bring motion action under New York CPLR Section 3213.
Appears in 9 contracts
Samples: Guarantee, Pledge and Security Agreement (FS Investment CORP), Pledge and Security Agreement (Barings Capital Investment Corp), Pledge and Security Agreement (Barings BDC, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 constitutes an instrument for the payment of money, and consents and agrees that any the Collateral Agent, on behalf of the Secured PartyParties, 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 motion action under New York CPLR Section 3213.
Appears in 7 contracts
Samples: Guarantee and Security Agreement, Guarantee and Security Agreement (Nuveen Mortgage Opportunity Term Fund), Guarantee and Security Agreement (Western Asset Mortgage Defined Opportunity Fund Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 Article VII constitutes an instrument for the payment of money, and consents and agrees that any Secured 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 bring a motion or an action under New York CPLR Section 3213.
Appears in 3 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 7 constitutes an instrument for the payment of money, and consents and agrees that any Secured 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 bring motion action under New York CPLR Section 3213.
Appears in 2 contracts
Samples: Guarantee and Security Agreement (American Capital, LTD), Guarantee and Security Agreement (FS Energy & Power Fund)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 2 constitutes an instrument for the payment of money, and . Each Subsidiary Guarantor consents and agrees that any Second Lien Secured 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 bring motion motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Second Lien Brandco Guarantee and Security Agreement (Revlon Inc /De/)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 constitutes an instrument for the Guarantee and Security Agreement payment of money, and consents and agrees that any Secured Party, at its sole option, in the event of a dispute by such Subsidiary Guarantor in the payment of any moneys due hereunder, shall (to the extent permitted under applicable law) have the right to bring motion action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Guarantee and Security Agreement (Corporate Capital Trust, Inc.)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 2 constitutes an instrument for the payment of money, and . Each Subsidiary Guarantor consents and agrees that any Third Lien Secured 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 bring motion motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Third Lien Brandco Guarantee and Security Agreement (Revlon Inc /De/)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 constitutes an instrument for the payment of money, and consents and agrees that any Secured 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 bring motion action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 2 constitutes an instrument for the payment of money, and . Each Subsidiary Guarantor consents and agrees that any First Lien Secured 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 bring motion motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: First Lien Brandco Guarantee and Security Agreement (Revlon Inc /De/)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 constitutes an instrument for the payment of money, and consents and agrees that any Secured Party, at its sole option, in the event of a dispute by such Subsidiary Guarantor in the payment of any moneys due hereunder, shall (to the extent permitted under applicable law) have the right to bring motion action under New York CPLR Section 3213.. 3.08
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 Article 7 constitutes an instrument for the payment of money, and consents and agrees that any Secured 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 bring motion motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Management Services Agreement (Macquarie Infrastructure Corp)
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 2 constitutes an instrument for the payment of money, and consents and agrees that any Secured 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 bring motion motion-action under New York CPLR Section 3213.
Appears in 1 contract
Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 constitutes an instrument for the payment of money, and consents and agrees that any Secured 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 bring motion action under New York CPLR Section 3213.. 3.08
Appears in 1 contract
Samples: Guarantee, Pledge and Security Agreement (Capital Southwest Corp)
