How does the Bojangles's Item 3 franchisor's litigation relate to the franchisor's description in Item 1?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 1: THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES]
ITEM 1 THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES
The Franchisor
To simplify the language in this disclosure document "we" or "us" means Bojangles Opco, LLC, the franchisor. "You" or "your" means the purchaser of the franchise. If the purchaser of the franchise is a corporation, partnership, limited liability company, or another entity form, "you" or "your" means both the purchaser and the persons who own the entity.
Bojangles Opco, LLC is a limited liability company organized under the laws of the State of Delaware on February 3, 2020 with a principal business address at 9432 Southern Pine Boulevard, Charlotte, North Carolina 28273. We do business under the service marks and trade names "Bojangles®", "Bojangles'®", "Bojangles' Famous Chicken 'n Biscuits®", and "Bojangles Express®". Our agents for service of process in various states are listed in Exhibit J.
We became the franchisor of the Bojangles restaurant system and began offering franchises for the right to develop and operate Bojangles Restaurants in the United States on October 6, 2020, as part of the Securitization Transaction, which is described below. Through our parents, predecessors and affiliates, we began operating Bojangles Restaurants in 1977. As of December 29, 2024, there were 830 Restaurants in operation, of which 564 were franchised Restaurants in the United States and 266 were company-operated Restaurants in the United States (which are operated and managed for us by our indirect parent, Bojangles' Restaurants, Inc. ("BRI")). In this disclosure document, we refer to the Restaurants owned by us or our affiliates as "company-operated Restaurants". We also contract with foodservice operators for retailing opportunities and the sale of Bojangles products in venues such as sports arenas, stadiums, college campuses, race tracks and other nontraditional venues for Bojangles branded food and drinks. We have not offered franchises in any other line of business and do not conduct any other kind of business.
Our Parents, Predecessors and Affiliates
What This Means (2025 FDD)
Based on the 2025 FDD, there is no information provided in Item 1 that relates to Item 3 regarding litigation. Item 1 describes Bojangles Opco, LLC as the franchisor, detailing its organization, business addresses, trademarks, and history. It mentions the company began franchising in 2020 and provides the number of franchised and company-operated restaurants as of December 29, 2024. However, it does not include any details about past or pending litigation involving the franchisor or its related entities.
Item 3 of the FDD typically covers the litigation history of the franchisor and its related parties, disclosing any material lawsuits or legal proceedings that could impact the franchise system. The absence of any cross-reference or connection between the details in Item 1 and potential litigation disclosures suggests that the information is presented separately within the document.
A prospective Bojangles franchisee should carefully review Item 3 of the FDD to understand the franchisor's litigation history and assess any potential risks associated with legal disputes. If there are any concerns, it would be prudent to seek legal counsel to evaluate the implications of the disclosed litigation on the franchise investment. Furthermore, a potential franchisee could ask the franchisor directly about how any ongoing or past litigation might affect the franchise system and the franchisee's business operations.