Can Anago Assignee unreasonably withhold consent to amend the lease?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
The Lease may not be amended, in any way, or terminated by agreement, without Assignee's prior written consent, which shall not be unreasonably withheld.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the lease agreement may not be amended or terminated without Anago Assignee's prior written consent. However, this consent cannot be unreasonably withheld. This provision protects the franchisee by preventing Anago from arbitrarily blocking necessary lease modifications.
This clause ensures that Anago must have a legitimate reason to deny consent for any lease amendments. For a prospective Anago franchisee, this means that if a reasonable lease modification is needed, Anago cannot simply refuse without justification. This provides a level of security and flexibility in managing the leased premises.
It is important for a potential Anago franchisee to understand what constitutes a reasonable basis for withholding consent. While the FDD states that consent cannot be unreasonably withheld, it does not define what 'unreasonable' means in this context. A prospective franchisee should seek clarification from Anago regarding specific examples or scenarios where consent might be withheld to fully understand their rights and obligations under the lease agreement.