What is the purpose of Exhibit A in the Lender Notification Agreement for Hawthorn Suites By Wyndham?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
| Lender has advanced or is about to advance funds to | | Franchisee | | with the assistance of the United States Small Business Administration (the "SBA") [and | | a local Certified Development Company ("CDC")]. The address and contact party for Lender [, | | CDC] and SBA are listed on Exhibit A.
Source: Item 22 — CONTRACTS (FDD page 92)
What This Means (2025 FDD)
According to Hawthorn Suites By Wyndham's 2025 Franchise Disclosure Document, Exhibit A within the Lender Notification Agreement serves to provide the address and contact information for the lender, any Certified Development Company (CDC), and the Small Business Administration (SBA) involved in providing funds to the franchisee. This agreement is established among the lender, the franchisee, and Hawthorn Suites Franchising, Inc. to ensure that all parties are informed and can communicate effectively regarding the franchise agreement and any potential defaults.
The Lender Notification Agreement outlines the responsibilities of Hawthorn Suites By Wyndham to notify the lender, CDC, and SBA if the franchisee defaults on the Franchise Agreement. This notification allows the lender, CDC, and SBA the option to cure the default on behalf of the franchisee, within the time frame specified in the default notice and the Franchise Agreement. However, Hawthorn Suites By Wyndham's failure to provide notice does not affect their rights under the Franchise Agreement with the franchisee, nor does it create liability to the lender, CDC, or SBA for any resulting damages.
In essence, Exhibit A and the Lender Notification Agreement are designed to facilitate communication and provide an opportunity for the lender to protect its investment in the Hawthorn Suites By Wyndham franchise by addressing any defaults by the franchisee. This arrangement benefits all parties involved by promoting transparency and offering a mechanism for resolving potential issues.