table_specific

What is the purpose of the loan described in this Coffee News loan agreement?

Coffee_News Franchise · 2025 FDD

Answer from 2025 FDD Document

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. Upon realizing the security granted herein, Holder has the right and power to sell the Franchise that was granted to Debtor in the foregoing Coffee News Franchise Agreement.

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

What This Means (2025 FDD)

According to the 2025 Coffee News Franchise Disclosure Document, the Promissory Note and associated loan agreement serve to secure the payment for the licensed rights granted to the franchisee within their designated Coffee News territory. The franchisee, as the Debtor, grants the Holder (presumably Coffee News) all licensed rights to their territory as security for the payment outlined in the Promissory Note and to ensure compliance with all agreements within the franchise agreement.

This arrangement means that Coffee News has a security interest in the franchisee's territory. If the franchisee fails to make payments on the Promissory Note or breaches any terms of the franchise agreement, Coffee News, as the Holder, has the right to realize upon the security granted, including selling the franchise rights. This protects Coffee News's investment and ensures franchisees adhere to the terms of their agreement.

It's important to note that the failure of Coffee News to exercise its option to realize the security at any given time does not constitute a waiver of its right to do so in the future. This clause provides Coffee News with ongoing protection and recourse in case of franchisee default. Prospective franchisees should carefully review the terms of the Promissory Note and Franchise Agreement to fully understand their obligations and the potential consequences of non-compliance.

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.