Liability Absolute. This Agreement shall be a continuing guarantee and subordination agreement and the liability of the Guarantors hereunder shall be absolute, unconditional and irrevocable and shall not be discharged, diminished or in any way affected by: (a) any amalgamation, merger, consolidation or reorganization of the Company, any Guarantor or any other Restricted Subsidiary or any continuation of the Company, any Guarantor or any other Restricted Subsidiary from the statute under which it now or hereafter exists to another statute whether under the laws of the same jurisdiction or another jurisdiction; (b) any change in the name, business, objects, capital structure, ownership, constating documents, by-laws, declarations of trust, partnership agreements or resolutions of the Company, any other Restricted Subsidiary or any Guarantor, as the case may be, including without limitation any transaction (whether by way of transfer, sale or otherwise) whereby all or any part of the undertaking, property and assets of the Company, any other Restricted Subsidiary or any Guarantor becomes the property of any other Person; (c) any lack of validity, enforceability or value of any Note Document or any other agreement or instrument relating thereto or to any Security Interest therefor;
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Samples: Note Purchase Agreement (ENERPLUS Corp), Note Purchase Agreement (ENERPLUS Corp)
Liability Absolute. This Agreement shall be a continuing guarantee and subordination agreement and the liability of the Guarantors Guarantor hereunder shall be absolute, unconditional and irrevocable and shall not be discharged, diminished or in any way affected by:
(a) any amalgamation, merger, consolidation or reorganization of the Company, any the Guarantor or any other Restricted Subsidiary or any continuation of the Company, any the Guarantor or any other Restricted Subsidiary from the statute under which it now or hereafter exists to another statute whether under the laws of the same jurisdiction or another jurisdiction;
(b) any change in the name, business, objects, capital structure, ownership, constating documents, by-laws, declarations declaration of trust, partnership agreements or resolutions of the Company, any other Restricted Subsidiary the Guarantor or any GuarantorRestricted Subsidiary, as the case may be, including without limitation any transaction (whether by way of transfer, sale or otherwise) whereby all or any part of the undertaking, property and assets of the Company, the Guarantor or any other Restricted Subsidiary or any Guarantor becomes the property of any other Person;
(c) any lack of validity, enforceability or value of any Note Document or any other agreement or instrument relating thereto or to any Security Interest therefor;
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Liability Absolute. This Agreement Guarantee shall be a continuing guarantee and subordination agreement and the liability of the Guarantors hereunder shall be absolute, unconditional and irrevocable and shall not be discharged, diminished or in any way affected by:
(a) any amalgamation, merger, consolidation or reorganization of the Company, any Company or either Guarantor or any other Restricted Subsidiary or any continuation of the Company, any Company or either Guarantor or any other Restricted Subsidiary from the statute under which it now or hereafter exists to another statute whether under the laws of the same jurisdiction or another jurisdiction;
(b) any change in the name, business, objects, capital structure, ownership, constating documents, by-laws, declarations of trust, partnership agreements or resolutions of the Company, any other Restricted Subsidiary Company or any either Guarantor, as the case may be, including without limitation any transaction (whether by way of transfer, sale or otherwise) whereby all or any part of the undertaking, property and assets of the Company, any other Restricted Subsidiary Company or any either Guarantor becomes the property of any other Person;
(c) any lack of validity, enforceability or value of any Note Document or any other agreement or instrument relating thereto or to any Security Interest therefor;
(d) any change in the time, manner or place of payment of, or in any other term of any Note Document or any amendment or waiver thereof, or any consent to departure from any Note Document;
(e) any taking, exchange, release or non-perfection of any Security Interest, or any release or amendment or waiver of or consent to departure from any other guarantee for any Note Document;
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Liability Absolute. This Agreement shall be a continuing guarantee and subordination agreement and the liability of the Guarantors hereunder shall be absolute, unconditional and irrevocable and shall not be discharged, diminished or in any way affected by:
(a) any amalgamation, merger, consolidation or reorganization of the Company, the Fund, any Guarantor or any other Restricted Subsidiary or any continuation of the Company, the Fund, any Guarantor or any other Restricted Subsidiary from the statute under which it now or hereafter exists to another statute whether under the laws of the same jurisdiction or another jurisdiction;
(b) any change in the name, business, objects, capital structure, ownership, constating documents, by-laws, declarations of trust, partnership agreements or resolutions of the Company, the Fund, any other Restricted Subsidiary or any Guarantor, as the case may be, including without limitation any transaction (whether by way of transfer, sale or otherwise) whereby all or any part of the undertaking, property and assets of the Company, the Fund, any other Restricted Subsidiary or any Guarantor becomes the property of any other Person;
(c) any lack of validity, enforceability or value of any Note Document or any other agreement or instrument relating thereto or to any Security Interest therefor;
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