Assignment and Subletting Without Consent Sample Clauses
Assignment and Subletting Without Consent. Notwithstanding Sections 12.1, 12.2, 12.5, 12.7, 12.8, 12.12, 12.13, 12.14, 12.15, and 12.16, so long as the Tenant is not in default under the terms of this Lease, the Tenant shall not require the Landlord’s consent, and the Landlord shall not have the right to terminate this Lease or to receive any Excess Rent pursuant to Section 12.12, in the following circumstances:
(a) in connection with any assignment of this Lease or subletting of all or part of the Premises to any Person that is an Affiliate of the Tenant;
(b) in connection with any assignment of this Lease or subletting of all or part of the Premises to any Person as a result of any merger, amalgamation or other reorganization involving the Tenant that does not result in a change in control of the Tenant;
(c) in connection with any assignment of this Lease or subletting of all or part of the Premises to the purchaser of a majority of the Tenant’s retail stores in Canada operating under the trade name “Lululemon”, provided that such assignee or sublessee shall carry on the same business as is permitted to be carried on by the Tenant pursuant to this Lease and there remains a continuity of business practices and policies and mode and style of operation of the Tenant, notwithstanding such purchase; and
(d) in connection with any assignment of this Lease or subletting of all or part of the Premises or change in control of the Tenant as part of a transaction in which the Tenant or any Affiliate of the Tenant completes an underwritten public offering of its securities, provided that there is continuity in the business carried on in the Premises pursuant to this Lease and there remains a continuity of business practices and policies and mode and style of operation of the business carried on in the Premises, notwithstanding such transaction; provided in each case that:
(e) the assignee or transferee, if applicable, executes and delivers to the Landlord an agreement directly with the Landlord agreeing to be bound by the terms of this Lease; and
(f) the Landlord receives written notice of such assignment, subletting or other transaction within thirty (30) days after the occurrence of same.
Assignment and Subletting Without Consent. Notwithstanding the provision of Section 11.01 hereof, Tenant may, without Owner’s prior written consent and provided Tenant is not at such time in default hereunder, assign this lease or sublet the leased premises or any part thereof to any financial institution (1) that is controlling, controlled by or under common control with Tenant, or (2) that has total assets and net worth equal to or greater than that of Tenant at the time of such proposed assignment or sublet, or (3) that acquires substantially all of the assets of Tenant and immediately after such acquisition has total assets and net worth equal to or greater than that of Tenant at the time of such acquisition. Tenant also may, without Owner’s prior written consent, assign this lease to any corporation resulting from the merger or consolidation of Tenant; provided, however, that (1) the total assets and net worth of such assignee after such consolidation or merger shall be equal to or more than that of Tenant immediately prior to such consolidation or merger; and (2) Tenant is not at such time in default hereunder.