What is Bojangles' right regarding curing a breach of the lease, and what must Bojangles provide to exercise this right?

According to Bojangles's 2025 Franchise Disclosure Document, Bojangles has the right, but not the obligation, to cure any breach of the lease agreement between the franchisee and the landlord. To exercise this right, Bojangles must provide written notice of its election to both the franchisee and the landlord. This notice indicates Bojangles's intention to cure the breach and potentially succeed to the franchisee's rights, title, and interests under the lease.

This provision is beneficial for a prospective Bojangles franchisee because it provides an additional layer of security. If a franchisee is unable to meet their lease obligations, Bojangles has the option to step in and cure the breach, preventing a potential eviction and business closure. This can help maintain the continuity of the Bojangles franchise and protect the franchisee's investment.

However, it is important to note that Bojangles is not obligated to cure any breach. The decision to do so is at Bojangles's discretion. Additionally, even if Bojangles cures the breach, they may then succeed to the franchisee's rights under the lease, potentially leading to a change in ownership or operational control. Franchisees should carefully consider these implications and discuss them with Bojangles during their due diligence process.