factual

How does the Churchs Chicken sublease define an 'Institutional Lender'?

Churchs_Chicken Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (ii) "Institutional Lender" means any one of the following: a commercial bank; a savings bank; trust company; insurance company; any investment fund, investment company, finance company, or other entity that extends credit or buys loans as one of its principal businesses; any pension, retirement or welfare fund or other nonprofit organization where the investment policy and financial condition of that fund or organization is subject to the supervision of the state agency, in the state where the Premises are situated, that has supervision of banks or, as the case may be, supervision of insurance companies.

Source: Item 23 — RECEIPT (FDD pages 68–406)

What This Means (2025 FDD)

According to Churchs Chicken's 2025 Franchise Disclosure Document, the sublease agreement defines 'Institutional Lender' to include specific types of financial entities. This definition is important because it clarifies which lenders qualify for certain rights or considerations under the sublease, such as holding an Institutional Mortgage.

Specifically, an Institutional Lender can be a commercial bank, a savings bank, a trust company, or an insurance company. The definition also extends to any investment fund, investment company, finance company, or other entity that extends credit or buys loans as one of its principal businesses. This encompasses a wide range of financial institutions that are commonly involved in real estate lending.

Furthermore, the definition includes any pension, retirement, or welfare fund or other nonprofit organization, provided that the investment policy and financial condition of that fund or organization are subject to the supervision of a state agency. This state agency must be the one that supervises banks or insurance companies in the state where the premises are located. This ensures that the lender is subject to regulatory oversight, adding a layer of security and stability to the lending arrangement. This definition is crucial for determining the rights and obligations of parties involved in the sublease agreement, particularly in the event of a mortgage or transfer of interest.

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.