Is a Churchs Chicken Sublessee required to attach copies of modifications or amendments to the Sublease to the estoppel certificate?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Sublessee agrees to execute within 10 business days after request, and as often as requested, estoppel certificates confirming any factual matter requested by Sublessor which is true and is within Sublessee's knowledge regarding this Sublease or the Premises, including but not limited to: (i) the date of occupancy, (ii) Expiration Date, (iii) the amount of Rent due and date to which Rent is paid, (iii) whether Sublessee has any defense or offsets to the enforcement of this Sublease or the Rent payable, (iv) any default or breach by Sublessor, and (v) whether this Sublease, together with any modifications or amendments, is in full force and effect.
Sublessee shall attach to such estoppel certificate copies of any modifications or amendments to the Sublease.
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, a Sublessee is obligated to provide estoppel certificates when requested by the Sublessor. These certificates confirm factual matters related to the Sublease or the premises. This includes details such as the date of occupancy, the expiration date, the amount of rent due and the date to which it is paid, any defenses or offsets to the enforcement of the Sublease or rent payments, and any defaults or breaches by the Sublessor. The certificate also confirms whether the Sublease, along with any modifications or amendments, is in full force and effect.
Specifically, the Churchs Chicken Sublessee is required to attach copies of any modifications or amendments to the Sublease when providing the estoppel certificate. This ensures that all parties, including potential mortgagees, have a complete and accurate understanding of the current terms of the Sublease.
This requirement protects the interests of all parties involved, including the Sublessor, Sublessee, and any mortgagees. By providing a complete record of the Sublease and any changes to it, the estoppel certificate helps to avoid disputes and ensures transparency in the sublease agreement. For a prospective Churchs Chicken franchisee, this means being diligent in maintaining records of all Sublease modifications and amendments and providing them when requested for an estoppel certificate.