factual

What does the Coffee News loan agreement state about the application of payments?

Coffee_News Franchise · 2025 FDD

Answer from 2025 FDD Document

. In no event shall any monies _, 20, which is called the "maturity date." by time without penalty. | | month until he/she have paid all of the | | | described above that he/she may owe ur | |

The Debtor acknowledges and hereby agrees to grant Holder, with any and all the licensed rights to the territory that was granted to Debtor in the foregoing Coffee News Franchise Agreement, to secure the payment set forth in this Promissory Note and to secure the performance of all covenants and agreements contained herein. In the event of a failure to pay interest, principal or any other amount due on this Promissory Note in accordance with its terms, or of a breach of any other covenant, condition or agreement contained herein, remaining uncured for a period in excess of five (5) days (except that no grace period shall be permitted for a default under this Note or the foregoing Coffee News Franchise Agreement), or any breach in the covenants, conditions or agreements in any instrument given in connection with the Promissory Note and debt secured hereby, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted by or against the undersigned, or if the foregoing Coffee News Franchise Agreement for which the parties have entered into this Promissory Note is terminated for any reason, then the entire debt secured hereby, together with all charges to which Holder would be entitled under the Promissory Note or by law if the Promissory Note were prepaid in full, shall be due and payable, Holder shall have the right to realize upon the security granted herein, and the payment and acceptance of any sum on account of this note shall not be considered a waiver of such right of election. The failure at any time of Holder to exercise this option shall not constitute a waiver of

the right to exercise the right at any other time.

Source: Item 23 — Receipts (FDD pages 36–118)

What This Means (2025 FDD)

Based on the 2025 Coffee News Franchise Disclosure Document, the loan agreement stipulates that the Debtor grants the Holder all licensed rights to the territory from the Coffee News Franchise Agreement to secure payment of the Promissory Note and all associated agreements.

In the event of failure to pay interest, principal, or any amount due, or any breach of covenant remaining uncured for over five days, or any breach related to the Promissory Note, or if bankruptcy proceedings are initiated, or if the Coffee News Franchise Agreement is terminated, the entire debt becomes immediately due. The Holder can then realize the security granted, including selling the franchise.

The document specifies that accepting any payment does not waive the Holder's right of election, and failure to exercise this option at any time does not waive the right to do so later. This clause ensures that Coffee News retains the right to enforce the security agreement fully, even if they have previously accepted partial payments or delayed enforcement.

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.