What actions related to bankruptcy or insolvency proceedings would constitute a default under the B Bops Development Agreement?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. The occurrence of any of the following events shall constitute a default under this Agreement:
- (3) Any assignment made for the benefit of Developer's creditors, any appointment of a receiver, trustee or similar officer for Developer or its assets, the commencement of bankruptcy or other insolvency proceedings by or against Developer, or if Developer is a partnership, corporation or limited liability company, any of the foregoing occur with respect to any partner, shareholder or member of Developer who owns a controlling interest in Developer or who has any responsibility for management of Developer;
Source: Item 23 — RECEIPTS (FDD pages 53–145)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, certain bankruptcy or insolvency proceedings involving the developer can trigger a default under the Development Agreement. Specifically, if the developer makes an assignment for the benefit of creditors, or if a receiver, trustee, or similar officer is appointed for the developer or its assets, it constitutes a default. Furthermore, the commencement of bankruptcy or other insolvency proceedings by or against the developer also constitutes a default.
This also applies if the developer is a partnership, corporation, or limited liability company. In such cases, these bankruptcy or insolvency events occurring with respect to any partner, shareholder, or member who owns a controlling interest in the developer or who has any responsibility for the management of the developer will also be considered a default under the Development Agreement.
This provision is fairly standard in franchising, as the financial stability of the developer is critical to fulfilling the development schedule and maintaining the B Bops brand's integrity. A default allows B Bops to terminate the agreement, protecting its interests and ensuring that development rights are held by a financially sound entity. Prospective franchisees should carefully consider their financial situation and business structure to avoid triggering these default provisions.