factual

What option does the Bang Cookies franchisor have upon receiving notice of a default by the tenant?

Bang_Cookies Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisor will have the option, but not the obligation, to assume or renew the Lease and the occupancy of the Leased Premises, including the right to sublease to another Franchisee of the Bang Cookies Franchise System, for all or any part of the remaining term of the Lease and, in connection with said assumption, Franchisor will not be obligated to pay to Landlord more than two months past due rent, real estate taxes and common area maintenance charges. In the event Franchisor assumes Tenant's leasehold interest in the Lease pursuant to the terms of this Agreement and subsequently assigns the Lease and its leasehold interest to a Bang Cookies franchisee approved by Landlord, Franchisor shall not be responsible for any obligations, debts, liabilities or payments arising and/or accruing under the Lease after the effective date of such assignment. Landlord agrees that any assignment of the Lease and Tenant's leasehold interests in the Lease by Tenant to Franchisor and/or assumption by Franchisor of the Lease and such leasehold interests shall not require Landlord consent and shall not require any payment of any assignment fee or similar charge or result in any increase in rent or other fees as a result of such assignment and/or assumption.

    1. Landlord must provide Franchisor, at the same time that Landlord provides Tenant, with a copy of all lease amendments and assignments, and a copy of all letters and notices that Landlord sends to Tenant relating to the Lease or the Premises. Subject to the rights set forth in Section "3" of this Rider, Landlord agrees to notify Franchisor by nationally recognized overnight courier at the Notice Address of any default by Tenant under the Lease. Landlord agrees that such notice shall afford Franchisor the option for Franchisor to invoke a cure period whereby Franchisor, upon Franchisor's sole election, shall be granted an additional 15 day period to cure any monetary default by Tenant under the Lease and an additional 30 day period to cure any non-monetary default by Tenant under the Lease. In the event that the non-monetary default cannot reasonably be cured within such period and if diligent efforts to cure promptly commence, then the cure period shall continue as long as such diligent efforts to cure continue, but not beyond 180 days from the date notice is provided.

Source: Item 23 — RECEIPTS (FDD pages 56–245)

What This Means (2024 FDD)

According to Bang Cookies's 2024 Franchise Disclosure Document, the franchisor has the option to assume or renew the lease if the tenant defaults. Bang Cookies is not obligated to do so, but if they choose to, they can also take over the occupancy of the leased premises, including subleasing the property to another Bang Cookies franchisee. This can be for the entire remaining term of the lease or any portion thereof.

If Bang Cookies assumes the lease, they are only obligated to pay up to two months of past-due rent, real estate taxes, and common area maintenance charges. Furthermore, if Bang Cookies assumes the lease and then assigns it to another approved franchisee, Bang Cookies will not be responsible for any obligations, debts, liabilities, or payments under the lease after the assignment date. The landlord's consent is not required for the assignment or assumption of the lease by Bang Cookies, and no assignment fees or rent increases can be charged as a result.

Additionally, the landlord is required to provide Bang Cookies with copies of all lease amendments, assignments, letters, and notices sent to the tenant regarding the lease or premises. The landlord must also notify Bang Cookies of any tenant default, giving Bang Cookies the option to cure the default. Bang Cookies is granted an additional 15 days to cure any monetary default and an additional 30 days to cure any non-monetary default. If the non-monetary default cannot be cured within 30 days but diligent efforts are being made, the cure period can be extended up to 180 days from the date of notice.

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.