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 Article 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 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: Pledge and Security Agreement (Iridium Facilities Corp), Subsidiary Guarantee Agreement (Iridium Operating LLC)

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Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II 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 2 contracts

Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (BioScrip, Inc.)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II constitutes an instrument for the payment of moneymoney only, 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 motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Isp Minerals Inc /Ny/), Credit Agreement (Isp Minerals LLC)

Instrument for the Payment of Money. Each Subsidiary ----------------------------------- Guarantor hereby acknowledges that the guarantee in this Article II 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 motion-action under New York CPLR Section 3213.

Appears in 2 contracts

Samples: Credit Agreement (Smithfield Foods Inc), Year Credit Agreement (Smithfield Foods Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentLender, 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

Samples: Term Loan Agreement (Softquad Software LTD)

Instrument for the Payment of Money. Each The Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II 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 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

Samples: Credit Agreement (Midwest Generation LLC)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentAgents, 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 bring motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Loan Agreement (NRG Energy Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges acknowledges, to the extent permitted by law, that the guarantee in this Article II constitutes an instrument for the payment of money, and consents and agrees that any Lender or the Administrative AgentLender, at its sole option, in the event of a dispute by such Subsidiary Guarantor in the payment of any moneys due hereunder, shall have have, to the extent permitted by law, the right to bring motion-motion action under New York CPLR Section N.Y. Civ. Prac. L&R § 3213.

Appears in 1 contract

Samples: Credit Agreement (Ampex Corp /De/)

Instrument for the Payment of Money. Each Subsidiary Subject to Section ----------------------------------- 10.09, each Guarantor hereby acknowledges that the guarantee in this Article II 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 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

Samples: Credit Agreement (Electric Lightwave Inc)

Instrument for the Payment of Money. Each Subsidiary ----------------------------------- Guarantor hereby acknowledges that the guarantee in this Article 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 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

Samples: Credit Agreement (Hearst Argyle Television Inc)

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Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II III constitutes an instrument for the payment of money, and consents and agrees that the LC Issuing Lender, any Lender or the Administrative Agent, at its sole option, in the event of a dispute by such the Subsidiary Guarantor 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 1 contract

Samples: Credit Agreement (Nl Industries Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 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

Samples: Security Agreement (Sinclair Broadcast Group Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II 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.. 97 SC1:3775857.9 LEGAL_US_E # 113365636.9

Appears in 1 contract

Samples: Credit Agreement (CSG Systems International Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article 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 Subsidiary Guarantor in the payment of any Credit Agreement 62 - 57 - moneys due hereunder, shall have the right to bring motion-action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Nextel International Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II 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 motion-a motion action under New York CPLR Section 3213.

Appears in 1 contract

Samples: Credit Agreement (Basic Energy Services Inc)

Instrument for the Payment of Money. Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Article II III 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 Credit Agreement 63 - 57 - dispute by such the Subsidiary Guarantor 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 1 contract

Samples: Credit Agreement (Heftel Broadcasting Corp)

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