For All Team, what is secured by the collateral if the Secured Party employs counsel after a default?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
- (h) If at any time or times hereafter Secured Party employs counsel after an event of Default to enforce any rights of Secured Party against Debtor or any other person which may be obligated to Secured Party by virtue of this Agreement, then the reasonable costs, fees and expenses incurred by Secured Party in any manner or way with respect to the foregoing shall be payable by Debtor to Secured Party on demand and shall be secured by all of the Collateral.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, if the Secured Party employs counsel after a default to enforce any rights against the Debtor or any other person obligated to the Secured Party under the agreement, the reasonable costs, fees, and expenses incurred by the Secured Party will be payable by the Debtor on demand. These costs, fees, and expenses will be secured by all of the Collateral.
This means that if an All Team franchisee defaults on their obligations and All Team (as the Secured Party) has to hire a lawyer to enforce its rights, the franchisee will be responsible for covering All Team's legal costs. Furthermore, All Team can use the collateral provided by the franchisee to secure the payment of these legal fees, in addition to the original debt.
This provision protects All Team by ensuring they can recover legal costs incurred due to a franchisee's default. For a prospective franchisee, this highlights the importance of fulfilling their obligations under the franchise agreement to avoid triggering a default and incurring additional expenses for legal fees, which would then be secured by their collateral. Franchisees should carefully review the default provisions in their agreement and understand the potential financial consequences of non-compliance.