factual

Does the Guaranty for City Wide franchises require City Wide to perfect any security interest?

City_Wide Franchise · 2025 FDD

Answer from 2025 FDD Document

SECTION 3. Waiver. Guarantors hereby waive promptness, diligence, notice of acceptance and any other notice with respect to any of the Obligations and this Guaranty and any requirement that CITY WIDE

protect, secure, perfect or insure any security interest or lien or any property subject thereto or exhaust any right or take any action against Franchisee or any other person or entity or any collateral.

Source: Item 22 — CONTRACTS (FDD page 65)

What This Means (2025 FDD)

According to City Wide's 2025 Franchise Disclosure Document, the Guaranty agreement does not require City Wide to perfect any security interest. Section 3 of the Guaranty outlines that the Guarantors waive any requirement that City Wide protect, secure, perfect, or insure any security interest or lien on property related to the franchise agreement. This waiver extends to any action against the franchisee or any collateral.

This means that the guarantors of the City Wide franchise agreement cannot demand that City Wide take specific actions to secure its interests, such as perfecting a security interest. This could potentially increase the risk for City Wide, as it limits their ability to ensure their financial position is protected in case of franchisee default. However, it also simplifies the process for City Wide, as they are not obligated to take on the administrative and legal burdens of perfecting security interests.

For a prospective franchisee, this clause in the Guaranty means that any individual acting as a guarantor for their franchise is waiving certain rights that could protect City Wide's interests. This could make the guarantor's obligations more stringent, as they cannot insist that City Wide take steps to minimize their potential losses. Franchisees should ensure that any guarantors fully understand the implications of this waiver before signing the Guaranty agreement.

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.