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This excerpt taken from the EYE 8-K filed Apr 3, 2007. 4.07 Instrument for the Payment of Money. Each Guarantor hereby acknowledges that the guarantee in this Article IV constitutes an instrument for the payment of money, and consents and agrees that any Lender or any 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. |
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