factual

If Deka Lash exercises its Right of First Refusal, how long does it have to close the purchase?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 14.6 Right of First Refusal. If you have received and desire to accept a signed, bona fide offer to purchase or otherwise transfer the Franchise Agreement, any interest in it, or substantially all the assets of the Franchised Business, you shall grant us the option (the "Right of First Refusal") to purchase the Franchised Business as provided here:
    • a) Within fourteen (14) days of receipt of the offer, you shall offer the Right of First Refusal to us by notice in writing, including a copy of the signed offer to purchase which you received ("Notice"). We shall have the right to purchase the Franchised Business or interest in the Franchised Business at and for the price and upon the terms set out in the Notice, except that we may substitute cash for any non-cash form of payment proposed and we shall have 60 days after the exercise of our Right of First Refusal to close the said purchase. Should we wish to exercise our Right of First Refusal, we will notify you in writing within thirty (30) days from its receipt of the Notice. Upon the giving of such notice by us, there shall immediately arise between us and you, or its owners, a binding contract of purchase and sale at the price and upon the terms contained in the Notice.
    • b) If we do not exercise our Rights of First Refusal, you may transfer the Franchised Business or ownership interest therein according to the terms set forth in the Notice, provided that you satisfy the conditions in Section 14.5 above and complete the sale within 90 days from the day on which we received the Notice. If you do not conclude the proposed sale transaction within the 90-day period, the Right of First Refusal granted to us shall continue in full force and effect.

Source: Item 23 — RECEIPT (FDD pages 63–234)

What This Means (2024 FDD)

According to Deka Lash's 2024 Franchise Disclosure Document, if a franchisee receives a legitimate offer to purchase their franchise, they must first offer Deka Lash the Right of First Refusal. The franchisee must provide written notice to Deka Lash, including a copy of the signed purchase offer, within fourteen days of receiving the offer.

If Deka Lash decides to exercise its Right of First Refusal, it must notify the franchisee in writing within thirty days of receiving the franchisee's notice. Upon providing such notice, a binding contract of purchase and sale is immediately established between Deka Lash and the franchisee.

Deka Lash then has 60 days after exercising its Right of First Refusal to close the purchase. The terms of the sale will be the same as those in the original offer, although Deka Lash can substitute cash for any non-cash payment forms. If Deka Lash does not exercise its Right of First Refusal, the franchisee has 90 days from the date Deka Lash received the notice to complete the sale, provided they meet other conditions outlined in Section 14.5 of the Franchise Agreement.

Disclaimer: This information is extracted from the 2024 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.