factual

Does the Aerus Schedule of Equipment Collateral include claims and rights related to the equipment?

Aerus Franchise · 2025 FDD

Answer from 2025 FDD Document

SCHEDULE OF EQUIPMENT COLLATERAL

All present and future right, title and interest of Debtor in and to all Equipment now owned or hereafter acquired. The above-described Equipment includes, without limitation, all attachments, renewals, replacements, additions, accessories, accessions, increases, parts, substitutes therefore and proceeds of the above and all guaranties, claims, rights, remedies and privileges relating to any of the foregoing.

Source: Item 23 — Receipts (FDD pages 74–305)

What This Means (2025 FDD)

According to Aerus's 2025 Franchise Disclosure Document, the Schedule of Equipment Collateral encompasses all present and future rights, titles, and interests in the debtor's equipment, whether currently owned or acquired later. This extends to all attachments, renewals, replacements, additions, accessories, accessions, increases, parts, and substitutes related to the equipment.

Specifically, the collateral also includes proceeds from the equipment and all guaranties, claims, rights, remedies, and privileges associated with any of the aforementioned items. This means that Aerus's security interest isn't limited to just the physical equipment itself, but also extends to any financial benefits or legal protections connected to that equipment.

For a prospective Aerus franchisee, this implies that the franchisor has a comprehensive claim on the equipment used in the business. This claim extends beyond the equipment's physical value to include any related financial or legal benefits. Franchisees should be aware of the implications of this broad claim, especially in the event of default or business difficulties, as it could affect their ability to leverage or dispose of the equipment.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.