factual

In the event of termination for any default of the Bojangles franchisee, what does the franchisee owe Bojangles, and what security interest does Bojangles have?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

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.

    1. Landlord and Franchisee acknowledge that if the Franchise Agreement expires (without renewal) or is terminated or not renewed, Franchisee is obligated to de-identify the Premises as a Bojangles restaurant, at its sole cost and expense. Landlord and Franchisee shall permit Franchisor, its employees or agents, to enter the Premises and remove signs (both interior and exterior), décor and materials displaying any marks, designs or logos owned by Franchisor in the event Franchisee fails to timely do so.
    1. Franchisor, its affiliates, and their respective successors and assigns, are intended thirdparty beneficiaries of the provisions of this Addendum.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

Based on the 2025 Franchise Disclosure Document, the FDD does not specify the exact monetary amounts or specific security interests Bojangles would be entitled to upon termination due to franchisee default. However, the document does outline conditions under which Bojangles can terminate the franchise agreement, and it stipulates certain obligations of the franchisee upon termination or expiration of the agreement.

Specifically, if the Franchise Agreement expires (without renewal) or is terminated or not renewed, the franchisee is obligated to de-identify the premises as a Bojangles restaurant at their own cost. If the franchisee fails to do so, Bojangles is permitted to enter the premises and remove any signs, décor, and materials displaying Bojangles' trademarks, designs, or logos.

Additionally, the franchisee assigns their rights, title, and interests in the lease to Bojangles upon termination, expiration, or non-renewal of the Franchise Agreement, provided that the Franchise Agreement is terminated, not renewed, or expires without renewal, or Bojangles has exercised its option to purchase the restaurant. This assignment becomes effective when Bojangles notifies the franchisee and landlord in writing that it assumes the franchisee's obligations under the lease.

To fully understand the financial obligations and security interests in case of default and termination, a prospective Bojangles franchisee should consult the specific franchise agreement and ask Bojangles for clarification on these points. It is important to understand all potential financial implications related to termination.

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.