Within how many days after receiving all necessary documentation does Bojangles have to exercise its option to purchase the seller's interest in a proposed transfer?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor shall have the right and option, exercisable within thirty (30) days after receipt of all documentation necessary, in Franchisor's sole but reasonable opinion, to evaluate the terms of the proposed transfer, to send written notice to the seller that Franchisor intends to purchase the seller's interest on the same terms and conditions offered by the third party, net of any finders or brokers fees which any third party would be obligated to pay.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, if a franchisee intends to transfer their interest in the restaurant to a third party, Bojangles has the option to purchase that interest instead. To initiate this process, the franchisee must provide Bojangles with all the terms of the proposed transfer in writing at least 60 days before the intended transfer date.
Bojangles then has 30 days after receiving all necessary documentation to evaluate the proposed transfer and decide whether to exercise its option to purchase the seller's interest. This 30-day period starts once Bojangles deems that it has received all the necessary documentation to make a reasonable evaluation. If Bojangles decides to purchase the interest, it must send written notice to the seller within this 30-day window, agreeing to the same terms and conditions offered by the third party, excluding any finder's or broker's fees that the third party would have been obligated to pay.
If Bojangles elects to purchase the seller's interest, the closing on the purchase must occur within 30 days from the date Bojangles notifies the seller of its election to purchase. If Bojangles does not exercise its option to purchase, the franchisee is then free to proceed with the transfer to the third party, provided they have met all the conditions outlined in the franchise agreement. Any material changes to the terms of the third party's offer before closing will constitute a new offer, which is again subject to Bojangles' option to purchase.