What specific items are included in the 'Business Assets' that a buyer purchases from Del Taco?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
enant under Subleases with Seller for each of the Locations.
This Agreement sets forth the terms upon which: (i) Seller will sell and Buyer will purchase all of the assets of the businesses operated at the Locations, except as specifically excluded herein; and (ii) Seller (or an affiliated entity, as appropriate) and Buyers will enter into a Franchise Agreement and a Subease for each of the Locations, as described herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Buyer and Seller agree as follows:
1. INCORPORATION OF RECITALS
The above recitals are incorporated as terms of this Agreement as though fully set forth hereafter.
2. PURCHASE OF ASSETS
Upon the terms and subject to the conditions set forth in this Agreement, Seller and Buyer agree that at the "Closing" (as defined below):
- Α. Seller shall sell and convey and Buyer shall purchase:
- All furniture, fixtures, equipment, small wares, replacements and other personal (i) property (the "Business Assets") which are owned by Seller and present at the Locations on the "Closing Date" (as defined below).
- Wholesome food, paper goods and supplies (the "Additional Assets") which are (ii) present at the Locations on the Closing Date, all as determined by the inventory described in Section 6 of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, when a buyer purchases a Del Taco restaurant, they acquire several categories of assets. The 'Business Assets' include all furniture, fixtures, equipment, small wares, replacements, and other personal property owned by Del Taco and present at the restaurant location on the closing date.
In addition to the Business Assets, the buyer also purchases 'Additional Assets,' which consist of wholesome food, paper goods, and supplies present at the locations on the closing date. The quantities of these items are determined by a joint inventory conducted by representatives of both the buyer and Del Taco prior to the closing date. This inventory ensures both parties agree on the amount of stock being transferred.
Finally, the buyer also acquires the 'Stand Bank,' which refers to the cash in the restaurant's change drawers and other petty cash at the locations on the closing date. All of these items—the Business Assets, Additional Assets, and Stand Bank—are collectively referred to as the 'Assets' in the agreement. The buyer also acknowledges that the Assets include training tablets at the Locations and is responsible for following Del Taco's systems to activate and maintain the tablets for restaurant-level employees.