factual

What must the Hawthorn Suites By Wyndham franchisee confirm with the lender regarding the TPA?

Hawthorn_Suites_By_Wyndham Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee undertakes to confirm with Lender at the closing of the Loan, or at such other time as may be requested by Lender (if the Loan has closed prior to the execution of the TPA) that the TPA has been fully executed and sent to Franchisor.

Franchisor may, in its sole discretion, withhold its signature and delivery of the TPA until it has received evidence satisfactory to Franchisor that the Loan has closed.

Source: Item 22 — CONTRACTS (FDD page 92)

What This Means (2025 FDD)

According to the 2025 FDD, the Hawthorn Suites By Wyndham franchisee must confirm with the lender that the Three-Party Agreement (TPA) has been fully executed and sent to the franchisor. This confirmation should occur at the closing of the loan or at another time requested by the lender, especially if the loan closed before the TPA execution. This step is crucial to ensure that the TPA becomes effective and binding on Hawthorn Suites By Wyndham. The franchisor retains the right to withhold its signature and delivery of the TPA until it receives satisfactory evidence that the loan has been successfully closed.

This requirement ensures that all parties (franchisee, lender, and franchisor) are aligned and have fulfilled their obligations concerning the TPA. The TPA outlines the conditions under which the lender may assume the Franchise Agreement if the franchisee defaults and the lender takes possession of the facility. By confirming the TPA's execution and submission, the franchisee helps to avoid potential complications or disputes later on.

This process is important because the TPA provides benefits and protections to all parties involved. For the lender, it offers a mechanism to protect their investment in case of franchisee default. For Hawthorn Suites By Wyndham, it ensures brand standards and operational continuity are maintained even if the property changes hands. For the franchisee, it facilitates obtaining financing by providing the lender with additional security and assurance. Therefore, the franchisee's confirmation is a key step in finalizing the lending arrangement and ensuring the TPA is in place.

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.