What triggers an additional right of first refusal for Browns Chicken?

According to Browns Chicken's 2025 Franchise Disclosure Document, Browns Chicken has an additional right of first refusal if the sale of the franchise to a purchaser is not completed within six months after the initial offer was delivered to Browns Chicken. Alternatively, a material change in the terms of the sale would also trigger an additional right of first refusal. This additional right lasts for thirty days and has the same terms and conditions as the initial right of first refusal.

This clause is triggered if the franchisee decides to sell their interest in the franchise, store, premises, or ownership interest. The franchisee must obtain a bona fide, executed written offer with an earnest money deposit of at least five percent of the total offering price from a responsible and fully disclosed purchaser. A copy of this offer must be submitted to Browns Chicken. The offer must be limited to the interest in the franchise and not include other property or rights of the franchisee.

Browns Chicken has the right to purchase the interest at the price and terms of the offer by providing written notice within thirty days. Browns Chicken can substitute cash for any proposed form of payment and has at least thirty days to prepare for closing. If Browns Chicken does not exercise its right of first refusal, the franchisee can proceed with the sale to the purchaser, subject to Browns Chicken's approval of the transfer. This approval process is detailed in Paragraphs B and C of Section 22 of the Franchise Agreement.