factual

In the context of the Bojangles franchise agreement, what parties are involved in the Lease agreement?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

addendum to the lease, as modified, amended, supplemented, renewed and/or | | | extended from time to time as contemplated herein, ("Lease") for the premises located at | | | , State of ("Premises") dated as of, |

Franchisee has entered into a Bojangles Franchise Agreement (the "Franchise Agreement") with Bojangles Opco, LLC ("Franchisor") for the operation of a Bojangles restaurant at the Premises, and as a requirement thereof, the lease for the Premises must contain the provisions contained in this Addendum.

Landlord and Franchisee agree that the terms contained herein shall supersede any terms to the contrary set forth in the Lease.

NOW THEREFORE, in consideration of mutual covenants set forth herein, the execution and delivery of the Lease, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Franchisee hereby agree as follows:

    1. Landlord shall deliver to Franchisor a copy of any notice of default or termination of the Lease at the same time such notice is delivered to Franchisee.
    1. Franchisee hereby assigns to Franchisor, with Landlord's irrevocable and unconditional consent, all of Franchisee's rights, title and interests to and under the Lease upon any termination, expiration, or non-renewal of the Franchise Agreement, but no such assignment shall be effective unless: (a) the Franchise Agreement is terminated, not renewed, or expires without renewal or Franchisor has exercised its option to purchase the Restaurant under the Franchise Agreement, as applicable; and (b) Franchisor notifies Franchisee and Landlord in writing that Franchisor assumes Franchisee's obligations under the Lease.
    1. Franchisor shall have the right, but not the obligation, upon giving written notice of its election to Franchisee and Landlord, to cure any breach of the Lease and, if so stated in the notice, to also succeed to Franchisee's rights, title and interests thereunder.
    1. Terms of the Lease that relate to or impact this Addendum may not be modified without Franchisor's prior written consent. The Lease may not be assigned by Franchisee without Franchisor's prior written consent.
    1. Franchisee and Landlord acknowledge and agree that Franchisor shall have no liability or obligation whatsoever under the Lease unless and until Franchisor assumes the Lease in writing pursuant to Section 2 or Section 3, above.
    1. If Franchisor assumes the Lease, as provided above, Franchisor may, without Landlord's prior consent, further assign the Lease to (a) an affiliate of Franchisor or as part of Franchisor's financing or refinancing of its assets; or (b) to an approved franchisee of Franchisor to operate the Bojangles restaurant at the Premises provided that the following

criteria are met: (a) Franchisor has an established franchising program for Bojangles restaurants; and (b) the proposed franchisee has met Franchisor's applicable requirements and has executed a franchise agreement with Franchisor. Upon such assignment to a franchisee of Franchisor, Franchisor shall be released from any further liability under the terms and conditions of the Lease.

Source: Item 23 — RECEIPTS (FDD pages 82–573)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, the lease agreement for a Bojangles restaurant involves the Landlord, Franchisee, and Bojangles Opco, LLC ("Franchisor").

The Landlord and Franchisee enter into an agreement where the terms contained within the addendum supersede any conflicting terms in the lease. The Landlord is required to provide Bojangles with copies of any default or termination notices sent to the Franchisee. The Franchisee assigns their rights to Bojangles under the lease upon termination or non-renewal of the Franchise Agreement, provided Bojangles assumes the Franchisee's obligations under the lease.

Bojangles, as the Franchisor, is a third-party beneficiary of the lease agreement. Bojangles has the right, but not the obligation, to cure any breach of the lease and take over the Franchisee's rights. The Franchisee cannot assign the lease without Bojangles's prior written consent, and terms impacting the addendum cannot be modified without Bojangles's consent. If the Franchise Agreement expires or is terminated, the Franchisee is responsible for de-identifying the premises as a Bojangles restaurant.

Disclaimer: This information is extracted from the 2025 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.