Does the Churchs Chicken Sublessee have to agree to attorn to any successor Sublessor?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- (ii) agreeing to attorn to the mortgagee or any successor Sublessor;
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, the Sublessee may be required to agree to attorn to any successor Sublessor. Specifically, the Sublessee may have to execute a certificate agreeing to attorn to the mortgagee or any successor Sublessor within 10 business days of a request from the Sublessor.
Attornment is a legal concept where a tenant acknowledges a new landlord as their lessor. In the context of a Churchs Chicken sublease, this means that if the original Sublessor's interest in the property is transferred (e.g., through a sale or foreclosure), the Sublessee might have to recognize the new owner as their direct landlord and continue paying rent to them.
This requirement is tied to the subordination of the sublease to any Institutional Mortgages. The sublease is subject and subordinate to any current or future mortgages affecting the Sublessor's interest in the property. This clause is self-operative, but the Sublessee may still need to provide confirmation by executing a certificate if requested by Churchs Chicken.