Common use of Proceedings To Collect Money Clause in Contracts

Proceedings To Collect Money. In case any Guarantor shall fail forthwith to pay any amounts due on this Guarantee upon demand, the Trustee at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Guarantor and collect in the manner provided by law out of the property of any Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Fat Brands, Inc), Guarantee and Collateral Agreement (Fat Brands, Inc), Guarantee and Collateral Agreement (Fat Brands, Inc)

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Proceedings To Collect Money. In case any Guarantor shall fail forthwith to pay any amounts due on this Guarantee Guaranty upon demand, the Trustee at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Guarantor and collect in the manner provided by law out of the property of any Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Wingstop Inc.), Guarantee and Collateral Agreement (Wingstop Inc.), Guarantee and Collateral Agreement (Yum Brands Inc)

Proceedings To Collect Money. In case any Guarantor shall fail forthwith to pay any amounts due on this Guarantee Agreement upon demand, the Trustee at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Guarantor and collect in the manner provided by law out of the property of any Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (European Wax Center, Inc.), Guarantee and Collateral Agreement (Planet Fitness, Inc.)

Proceedings To Collect Money. In case any Guarantor shall fail to forthwith to pay any such amounts due on this Guarantee Guaranty upon such demand, the Trustee at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Guarantor and collect in the manner provided by law out of the property of any Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (DineEquity, Inc)

Proceedings To Collect Money. In case any the Guarantor shall fail forthwith to pay any amounts due on this Guarantee Guaranty upon demand, the Trustee (at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, at the direction of the Controlling Class RepresentativeParty), in its own name and as trustee of an express trust, trust may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any the Guarantor and collect in the manner provided by law out of the property of any the Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Sonic Corp)

Proceedings To Collect Money. In case any Guarantor shall fail forthwith to pay any such amounts due on this Guarantee Guaranty upon such demand, the Trustee at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, ) (at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Guarantor and collect in the manner provided by law out of the property of any Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Driven Brands Holdings Inc.)

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Proceedings To Collect Money. In case any Guarantor shall fail forthwith to pay any amounts due on this Guarantee Guaranty upon demand, the Trustee at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Guarantor and collect in the manner provided by law out of the property of any Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Wendy's Co)

Proceedings To Collect Money. In case any Guarantor shall fail forthwith to pay any amounts due on this Guarantee Agreement upon demand, the Trustee at the direction of the Control Party (subject to Section 11.4(e11.04(e) of the Base Indenture, at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Guarantor and collect in the manner provided by law out of the property of any Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Jack in the Box Inc /New/)

Proceedings To Collect Money. In case any Guarantor shall fail forthwith to pay any such amounts due on this Guarantee Guaranty upon such demand, the Trustee at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Guarantor and collect in the manner provided by law out of the property of any Guarantor, wherever situated, the moneys adjudged or decreed to be payable.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Dominos Pizza Inc)

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