For Bojangles Express Restaurants, which sentences of Paragraph IV.C regarding lease agreements are deleted?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Unless waived in writing by Franchisor, any lease for a Restaurant site shall contain provisions that satisfy the requirements set forth in the Addendum to Lease Agreement attached to this Agreement as Exhibit C during the entire term of the lease, including any renewal terms. [For Bojangles Express Restaurants, delete the last two sentences of this Paragraph IV.C.]
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, for Bojangles Express Restaurants, there is a specific deletion within Paragraph IV.C concerning lease agreements. The last two sentences of this paragraph are removed for Express locations.
Paragraph IV.C generally outlines the requirements for lease or mortgage agreements for Restaurant sites. These stipulations include the necessity for the lease or mortgage to permit assignment to Bojangles in the event of a default by the developer, and to provide for quiet enjoyment, subordination, and mutual attornment in a form satisfactory to Bojangles. The leases and mortgages must be bona fide and reflect financial terms consistent with the area, with lease terms lasting no less than the term of the Franchise Agreement. Developers are also expected to try to obtain an option to renew the lease for an additional twenty years.
The standard requirements of Paragraph IV.C also state that unless waived in writing by Bojangles, any lease for a Restaurant site should contain provisions that satisfy the requirements set forth in the Addendum to Lease Agreement attached to the Franchise Agreement as Exhibit C during the entire term of the lease, including any renewal terms. However, this requirement is removed for Bojangles Express Restaurants, along with the sentence immediately preceding it. This indicates that the requirements for Bojangles Express Restaurants regarding lease agreements are different from those of standard Bojangles Restaurants.