Does the Byrider definition of 'Transfer' include a merger or consolidation?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
An assignment, sale, gift, or other disposition includes the following events:
- (1) merger or consolidation or issuance of additional securities or other forms of ownership interest;
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the definition of what constitutes a 'transfer' includes a merger or consolidation. Specifically, any assignment, sale, gift, or other disposition is considered a transfer, and this includes events such as a merger or consolidation. This means that if a Byrider franchisee undergoes a merger or consolidation, it is legally considered a transfer under the franchise agreement.
This definition is important for prospective franchisees because it triggers certain requirements and restrictions outlined in the franchise agreement related to transfers. For instance, Byrider's approval may be required, and the franchisee may need to ensure compliance with specific conditions before proceeding with a merger or consolidation. These conditions are designed to protect Byrider's interests and ensure that any new entity or owner meets their standards.
It is important for a potential Byrider franchisee to fully understand the implications of this transfer definition, as it can affect their ability to restructure their business or ownership in the future. They should carefully review the franchise agreement and discuss any concerns with Byrider to ensure they are aware of all requirements and potential consequences associated with mergers, consolidations, or other forms of transfer.