factual

Under what condition can the All Team Secured Party enter the Debtor's premises?

All_Team Franchise · 2025 FDD

Answer from 2025 FDD Document

Debtor also appoints Secured Party as Debtor's attorney-in-fact with full power and authority, upon Default, to enter Debtor's premises and at Secured Party's option, take possession, remove, and sell the Collateral and to demand, collect, receive, and apply all payments or monies due or to become due to Debtor for the sale or lease of Collateral.

Source: Item 22 — CONTRACTS (FDD pages 33–34)

What This Means (2025 FDD)

According to All Team's 2025 Franchise Disclosure Document, the Secured Party has the authority to enter the Debtor's premises under specific circumstances related to a default. Specifically, upon the occurrence of a Default, All Team, acting as the Secured Party, is granted the power of attorney to enter the Debtor's premises. This allows All Team, at its discretion, to take possession of, remove, and sell the Collateral. Additionally, they can demand, collect, receive, and apply any payments or monies due or to become due to the Debtor from the sale or lease of the Collateral.

This provision in the agreement grants All Team significant control over the Debtor's assets in the event of a default. It enables All Team to quickly secure and liquidate assets to cover outstanding liabilities. For a prospective franchisee, this highlights the importance of understanding what constitutes a 'Default' under the agreement, as it triggers these rights for the Secured Party. The definition of default can be found within the agreement itself.

The franchisee should be aware of the implications of this clause, particularly concerning their business operations and potential loss of control over assets if a default occurs. It is crucial to maintain compliance with the terms of the agreement to avoid such a situation. This is a fairly standard clause in secured lending agreements, but the specific triggers for default and the scope of the collateral should be carefully reviewed.

Prospective franchisees should seek legal counsel to fully understand their obligations and the potential consequences of default under the agreement. Understanding the definition of 'Collateral' is also important, as it defines the assets that All Team can seize and sell in the event of a default. Prudent financial management and adherence to the franchise agreement are essential to mitigating the risks associated with this clause.

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.