Under what circumstances may Sunoco withhold consent to a proposed Aplus lease assignment?

According to Aplus's 2024 Franchise Disclosure Document, Sunoco may withhold consent to a proposed lease assignment under certain circumstances. Specifically, Sunoco may withhold consent if its then-current requirements are not satisfied, which may include the payment of a transfer fee or other fees. Additionally, Sunoco reserves the right to refuse consent to any proposed transfer or assignment that would result in Sunoco having any materially increased risk, burden, or chance of not obtaining performance.

This means that if a prospective Aplus franchisee wishes to assign their lease to another party, they must first obtain Sunoco's written consent. Sunoco has the right to deny this request if the proposed assignment does not meet their current requirements, such as the payment of fees, or if the assignment increases Sunoco's risk or burden.

This provision protects Sunoco's interests by ensuring that any lease assignments do not negatively impact their financial or operational stability. It also allows Sunoco to maintain control over who operates Aplus locations and ensures that all franchisees meet their standards and obligations. Aplus franchisees should be aware of these conditions and factor them into their plans if they anticipate needing to assign their lease in the future.