Under what conditions can Bonchon terminate the franchise agreement if a franchisee violates the restriction on mortgages, liens, pledges, or other security interests in their business entity's shares, equity interests, or other ownership interests?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
- F. Without our prior written consent (which shall not be unreasonably withheld, delayed or conditioned), you may not permit any mortgage, lien, pledge or other security interest in respect of any of your business entity's shares, equity interests or other ownership interests. Any violation of this restriction will give us the right to terminate this Agreement immediately upon notice to you.
You shall not permit any mortgage, lien, pledge or other security interest in respect of any of your business entity's shares, equity interests or other ownership interests without our prior written consent. Any violation of the preceding restriction will give us the right to terminate this Agreement immediately upon notice to you.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Bonchon can terminate the franchise agreement immediately if a franchisee violates the restrictions on mortgages, liens, pledges, or other security interests related to the franchisee's business entity. This applies to shares, equity interests, or other ownership interests.
Specifically, Bonchon requires franchisees to obtain prior written consent before permitting any mortgage, lien, pledge, or other security interest on their business entity's shares, equity interests, or other ownership interests. This consent will not be unreasonably withheld, delayed, or conditioned. However, failure to obtain this consent and any violation of this restriction gives Bonchon the right to terminate the Franchise Agreement immediately upon providing notice to the franchisee.
This provision is designed to protect Bonchon's interests by ensuring that the franchisee's business remains financially stable and free from undue encumbrances that could jeopardize its operations or the Bonchon brand. It is a fairly standard clause in franchise agreements, as franchisors want to maintain control over the financial health and ownership structure of their franchisees' businesses.