Under what conditions is the assignment of the Franchisee's rights, title, and interests in the lease to Bojangles effective upon termination, expiration, or non-renewal of the Franchise Agreement?

According to Bojangles's 2025 Franchise Disclosure Document, the assignment of a franchisee's rights, title, and interests in a lease to Bojangles is contingent upon specific conditions related to the termination, expiration, or non-renewal of the Franchise Agreement. The franchisee assigns these rights to Bojangles with the landlord's consent.

The assignment becomes effective only if the Franchise Agreement is terminated, not renewed, or expires without renewal. It also applies if Bojangles exercises its option to purchase the restaurant as outlined in the Franchise Agreement. Furthermore, Bojangles must provide written notification to both the franchisee and the landlord, stating that Bojangles assumes the franchisee's obligations under the lease.

This clause protects Bojangles by ensuring they can take over the restaurant location if a franchise agreement ends, maintaining continuous operation of the Bojangles brand. For a prospective franchisee, this means that upon termination or non-renewal of their franchise agreement, Bojangles has the right to step in and assume the lease, potentially operating the location themselves or assigning it to another franchisee. The franchisee should ensure they understand the conditions under which Bojangles can assume the lease and their obligations regarding de-identifying the premises as a Bojangles restaurant upon termination or non-renewal.