What is the deadline for Bojangles to exercise its right to purchase the franchised business after termination of the agreement?

According to Bojangles's 2025 Franchise Disclosure Document, Bojangles has a specific timeframe to exercise its right to purchase the franchised business after the termination of the franchise agreement. The deadline is determined by whichever date is latest among the following: 60 days after the termination date, the date Bojangles takes possession of the restaurant, or 10 days after any litigation contesting the termination's validity is resolved.

This means that if the termination is contested in court, Bojangles can wait until 10 days after the final court decision to decide whether to purchase the business. This provides Bojangles with flexibility, especially if the value of the business is tied to the outcome of the litigation. If Bojangles has already taken possession of the restaurant, it must decide whether to purchase the restaurant or vacate the premises by the end of the period described above.

For a prospective franchisee, this clause has significant implications. If the agreement is terminated, the franchisee needs to be aware of these timelines to understand when Bojangles might exercise its purchase option. The franchisee should also consider the possibility of a drawn-out legal battle affecting the final purchase decision and potentially delaying the final resolution of their business interests. It is important to note that the FDD excerpt does not specify the method of determining the purchase price or other terms of the purchase, only the deadline for exercising the option.