factual

To what address should a Guarantor send notice to Sunoco to revoke the Aplus Guaranty for Aplus?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

GUARANTOR agrees that in order to revoke this Guaranty, GUARANTOR shall send notice to SUNOCO by certified mail or overnight delivery to the following address: Sunoco Retail LLC, 3805 West Chester Pike, Newtown Square, PA, Attn: Steve Jones.

Such revocation shall apply only to such agreements, leases, extensions of credit, or other indebtedness or obligations entered into or created at least ten (10) days after the date of receipt of such notice of revocation, and shall not apply to Indebtedness thereafter becoming due and payable under agreements, leases, sales or other obligations entered into prior to such revocation.

Any payments made after receipt of such notice of revocation shall be applied as Sunoco may elect.

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, a Guarantor who wishes to revoke the Aplus Guaranty must send a notice to Sunoco via certified mail or overnight delivery. The specified address for sending this notification is Sunoco Retail LLC, 3805 West Chester Pike, Newtown Square, PA, and the notice should be addressed to the attention of Steve Jones.

It's important to note that the revocation of the Guaranty will only apply to agreements, leases, extensions of credit, or other indebtedness or obligations entered into or created at least ten days after Sunoco receives the revocation notice. This means that any existing obligations or agreements in place before the receipt of the notice will still be covered by the Guaranty, and the Guarantor will remain liable for them. The revocation will only affect future obligations.

Furthermore, any payments made after Sunoco receives the revocation notice will be applied as Sunoco deems appropriate. This gives Sunoco the flexibility to allocate payments to outstanding debts or obligations as they see fit, even after the Guaranty has been revoked for future agreements. This clause protects Sunoco's financial interests and ensures they can manage payments effectively.

Prospective Aplus franchisees should understand these conditions carefully, especially if a Guaranty is required as part of their franchise agreement. The Guarantor needs to be aware of the specific notification process and the implications of revoking the Guaranty, particularly regarding existing and future obligations. Consulting with legal counsel is advisable to fully understand the terms and conditions of the Guaranty and its revocation process.

Disclaimer: This information is extracted from the 2024 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.