What exhibit number contains the list of subsidiaries related to the Benihana franchise?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
n is filed to interpret any provision of this Agreement, or to enforce any of the terms thereof, the prevailing party shall be entitled to its reasonable attorneys' fees and costs incurred therein, and said action must be filed in a court of competent jurisdiction in Miami-Dade County, Florida.
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- This Agreement may be signed in counterparts, each of which will be binding against the party executing it and considered as the original.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have executed this agreement effective as of the date first above.
| Witness: | RELEASOR: | |-------------------------|--------------------| | | By: Print Name: | | FRANCHISOR: | | | BENIHANA NATIONAL CORP. | | | By: | | | Print Name: | | | Title: | |
EXHIBIT H TO BENIHANA NATIONAL CORP. FRANCHISE DISCLOSURE DOCUMENT
GUARANTEE OF PERFORMANCE
For value received, The ONE Group Hospitality, Inc., a Delaware corporation ("Guarantor"), located at 1624 Market Street, Suite 311, Denver, Colorado 80202, absolutely and unconditionally guarantees to assume the duties and obligations of BENIHANA NATIONAL CORP., a wholly-owned subsidiary of Guarantor, located at 1624 Market Street, Suite 311, Denver, Colorado 80202 ("Franchisor"), under Franchisor's franchise registration in each state where the franchise is registered, and under the Franchise Agreement identified in Franchisor's 2024 Franchise Disclosure Document, as it may be amended, and as that Franchise Agreement may be entered into with franchisees and amended, modified or extended from time to time.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
The 2024 Benihana Franchise Disclosure Document (FDD) does not explicitly state which exhibit contains a list of Benihana's subsidiaries. However, Exhibit H to the Benihana National Corp. Franchise Disclosure Document includes a Guarantee of Performance from The ONE Group Hospitality, Inc., which is identified as the Guarantor and states that Benihana National Corp. is a wholly-owned subsidiary of The ONE Group Hospitality, Inc.
While Exhibit H identifies Benihana National Corp. as a subsidiary of The ONE Group Hospitality, Inc., it does not provide a comprehensive list of all subsidiaries.
A prospective franchisee should ask Benihana for a complete list of all subsidiaries and affiliates to fully understand the corporate structure and relationships within the Benihana franchise system. This information can be crucial for assessing potential liabilities, understanding support systems, and evaluating the overall stability of the franchise.