Besides the Developer, Franchisor, and their officers/directors/employees, who else might have rights or remedies under the Bojangles agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Lessor shall provide to Bojangles Opco, LLC ("Franchisor") copies of any notices sent to Lessee, including any notice of default. In the event of a default by Lessee and notice to Lessee and Franchisor of such default by Lessee, Franchisor may, but shall not be required to, cure Lessee's default on the same terms and conditions permitted Lessee under the Lease. In the event Franchisor notifies Lessee that Lessee is in default under provisions of its Franchise Agreement and that the Franchise Agreement has been terminated, Lessor will permit the assignment of the Lease to Franchisor without requiring further consent of Lessor; provided that if Franchisor then assumes Lessee's obligations under the Lease Franchisor shall promptly notify Lessor. Nothing herein shall be construed to require Franchisor to assume the obligations of Lessee under the Lease. Franchisor may enforce these provisions as a third party beneficiary under the Lease. Lessor shall not amend or delete these provisions from the Lease without Franchisor's written consent.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a Lessor may have certain rights and remedies under the lease agreement for a Bojangles restaurant. Specifically, the lease of each Bojangles Restaurant must include a provision that the Lessor will provide Bojangles Opco, LLC (the Franchisor) copies of any default notices sent to the Lessee (Developer).
In the event the Developer defaults on the lease, Bojangles has the option, but not the obligation, to cure the default under the same terms and conditions as the Developer. If Bojangles terminates the Franchise Agreement due to the Developer's default, the Lessor must permit the assignment of the lease to Bojangles without requiring further consent. However, Bojangles is not required to assume the Developer's obligations under the lease.
Bojangles can enforce these lease provisions as a third-party beneficiary. The Lessor is also prohibited from amending or deleting these provisions from the lease without Bojangles's written consent. This arrangement protects Bojangles's interest in maintaining control over the restaurant locations and ensures the continued operation of the franchise even if the franchisee faces financial difficulties.