factual

Under what conditions can the security interest created by the agreement be terminated for Jersey Mikes?

Jersey_Mikes Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 4.2 This Agreement shall be terminated only by the filing of a termination statement in accordance with the applicable provisions of the Uniform Commercial Code or other relevant law. Until terminated, the security interest hereby created shall continue in full force and effect and shall secure and be applicable to all advances now or he reafter made by the Secur ed Party whether or not the Debtor is indebted to the Secured Party immediately prior to the time of any such advance.

Source: Item 22 — CONTRACTS (FDD page 77)

What This Means (2025 FDD)

According to Jersey Mikes's 2025 Franchise Disclosure Document, the security interest created by the franchise agreement can only be terminated by filing a termination statement in accordance with the Uniform Commercial Code or other relevant law. Until a termination statement is filed, the security interest remains in full effect, securing all advances made by the secured party, regardless of whether the debtor owes money to the secured party at the time of the advance.

This means that Jersey Mikes retains a security interest in the franchisee's assets to secure any financial obligations the franchisee may have to Jersey Mikes. This security interest remains active and applicable to any advances made by Jersey Mikes, even if the franchisee is not currently indebted to them.

For a prospective franchisee, this implies that the security interest granted to Jersey Mikes is a long-term obligation that persists until formally terminated. Franchisees should be aware of the conditions under which a termination statement can be filed, as this is the only way to release the security interest. It is important to understand the implications of the Uniform Commercial Code and any other relevant laws governing the termination of security interests in their jurisdiction. Franchisees should seek legal counsel to fully understand their rights and obligations under the security agreement.

This type of security agreement is common in franchising to protect the franchisor's financial interests. Franchisees should carefully review the terms of the security agreement and understand the conditions under which the security interest can be terminated to avoid any potential disputes or misunderstandings during the franchise term.

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.