factual

What happened to the equity of Burger BossCo owned by BossCo Holdings during the Checkersrallys Out-of-Court Restructuring?

Checkersrallys Franchise · 2025 FDD

Answer from 2025 FDD Document

Checkers obtained consents to the Out-of-Court Restructuring from all of the First Lien Lenders and all of the Second Lien Lenders and consummated the Out-of-Court Restructuring on June 16, 2023, whereby Burger BossCo and its subsidiaries were deconsolidated from BossCo Holdings, newly issued equity of Burger BossCo was issued to Checkers Topco, LLC ("Topco"), the secured creditors of Holdings and Burger BossCo acquired all of the equity of Topco, and the equity of Burger BossCo owned by BossCo Holdings was repurchased by Burger BossCo for a nominal amount.

Source: Item 21 — FINANCIAL STATEMENTS (FDD page 91)

What This Means (2025 FDD)

According to Checkersrallys's 2025 Franchise Disclosure Document, during the Out-of-Court Restructuring that concluded on June 16, 2023, the equity of Burger BossCo owned by BossCo Holdings was repurchased by Burger BossCo for a nominal amount. This event was part of a larger restructuring process where Burger BossCo and its subsidiaries were deconsolidated from BossCo Holdings. Newly issued equity of Burger BossCo was issued to Checkers Topco, LLC, and the secured creditors of Holdings and Burger BossCo acquired all of the equity of Topco.

This restructuring was initiated on June 5, 2023, when Burger BossCo, Holdings, CDI, and certain affiliates began soliciting consents for the Out-of-Court Restructuring from holders of loans under the First Lien Credit Agreement and the Second Lien Credit Agreement. Checkersrallys obtained consent from all First Lien Lenders and Second Lien Lenders to proceed with the restructuring.

For a potential Checkersrallys franchisee, this information highlights a significant change in the ownership and capital structure of the company. The move to repurchase equity for a nominal amount suggests that BossCo Holdings no longer has a controlling interest in Burger BossCo, which could impact the strategic direction and financial stability of the franchise system. It's important for prospective franchisees to understand the implications of these changes and how they might affect the long-term prospects of their investment. They should seek clarification from Checkersrallys regarding the reasons for the restructuring and its potential impact on franchise operations and support.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.