Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guaranty in this Section 7 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: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
Instrument for the Payment of Money. Each To the extent permitted by applicable law, the Guarantor hereby acknowledges that the guaranty in this Section 7 provided herein constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agenteach Beneficiary, at its such Beneficiary’s 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 5 contracts
Samples: Guaranty (New Century Financial Corp), Guaranty (New Century Financial Corp), Guaranty (New Century Financial Corp)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guaranty in this Section 7 15 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: Credit Agreement (Jill Intermediate LLC), Abl Credit Agreement (J.Jill, Inc.), Abl Credit Agreement and Waiver (J.Jill, Inc.)
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guaranty in this Section 7 Guaranty 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 4 contracts
Samples: Credit Agreement (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc)
Instrument for the Payment of Money. Each To the extent permitted by applicable law, Guarantor hereby acknowledges that the guaranty in this Section 7 provided herein 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: Substitute Guaranty Agreement (Ares Commercial Real Estate Corp), Substitute Guaranty Agreement (Ares Commercial Real Estate Corp), Guaranty Agreement (Ares Commercial Real Estate Corp)
Instrument for the Payment of Money. Each To the extent permitted by applicable law, the Guarantor hereby acknowledges that the guaranty in this Section 7 provided herein constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentBeneficiary, at its Beneficiary’s 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 Civil Practice Law and Rules Section 3213.
Appears in 2 contracts
Samples: Fieldstone Investment Corp, Fieldstone Investment Corp
Instrument for the Payment of Money. Each To the extent permitted by applicable law, the Guarantor hereby acknowledges that the guaranty in this Section 7 provided herein 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 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
Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guaranty in this Section 7 Guaranty constitutes an instrument for the payment of money, and consents and agrees that any Lender or Agenteach Holder, at its sole option, in the event of a dispute by such the Guarantor in the payment of any moneys monies due hereunder, shall have the right to bring a motion-action under New York CPLR Section 3213.
Appears in 1 contract
Samples: Secured Guaranty (PRB Energy, Inc.)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guaranty in this Section 7 constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentGuaranteed Party, 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-motion action under New York CPLR Civil Practice Law and Rules Section 3213.
Appears in 1 contract
Samples: Consent and Acknowledgment Agreement (Kenon Holdings Ltd.)
Instrument for the Payment of Money. Each To the extent permitted by applicable law, Guarantor hereby acknowledges that the guaranty in this Section 7 provided herein constitutes an instrument for the payment of money, and consents and agrees that any Lender or AgentBuyer, 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: Substitute Guaranty Agreement (Ares Commercial Real Estate Corp)
Instrument for the Payment of Money. Each The Guarantor hereby acknowledges that the guaranty in this Section 7 2 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 the 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 hereby acknowledges that the guaranty in this Section 7 Article 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
