Under what conditions related to an Event of Default can the Guarantor's liability for the Guaranteed Obligations mature and become immediately due and payable for Aerus?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary contained herein or any of the terms of any of the other Financing Agreements, the liability of Guarantor for the entire Guaranteed Obligations shall mature and become immediately due and payable, even if the liability of Borrower or any other Obligor therefor does not, upon the occurrence of any act, condition or event which constitutes an Event of Default as such term is defined in the Note.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Guarantor's liability for the entire Guaranteed Obligations can mature and become immediately due and payable if an Event of Default occurs, regardless of whether the Borrower's or any other Obligor's liability has matured. This acceleration clause means that if the Borrower fails to meet certain financial or contractual obligations, the Guarantor becomes immediately responsible for the full debt.
Several events can trigger an Event of Default. These include failure to pay principal or interest on the debt when due, defaulting on other obligations related to borrowed money, or defaulting under any material contract, agreement, or instrument, including the Franchise Agreement itself. If the default under a material agreement continues for thirty days after notice, it also constitutes an Event of Default.
Furthermore, an Event of Default occurs if the Debtor becomes insolvent, admits an inability to pay debts, applies for or consents to the appointment of a trustee or receiver, or makes an assignment for the benefit of creditors, and such condition continues for thirty days. Similarly, if any creditor obtains possession of any collateral through means such as levy, repossession, or seizure, it constitutes an Event of Default. These conditions highlight the significant financial risks assumed by the Guarantor, who can be held immediately liable for the debt upon the occurrence of these events.