factual

Is a collateral assignment of lease a standard part of the Management Recruiters franchise agreement?

Management_Recruiters Franchise · 2024 FDD

Answer from 2024 FDD Document

Exhibit F Collateral Assignment of Lease

(See attached)

COLLATERAL ASSIGNMENT OF LEASE

THIS COLLATERAL ASSIGNMENT OF LEASE ("Assignment") is made and entered into effective as of the effective date of the Lease (as defined below), by and between HQ MRI CORPORATION, a Florida Limited Liability Company, with its business address located at 111 SPRINGHALL DRIVE, GOOSE CREEK, SC 29445 ("Franchisor"), and whose current principal place of business is [address] ("Franchisees"). Franchisor and Franchisee are sometimes referred to collectively as the "parties" or individually as a "party".

W I T N E S S E T H:

WHEREAS, Franchisor and Franchisee entered into that certain Franchise Agreement dated [date] ("Franchise Agreement"), pursuant to which Franchisee shall own and operate a MRI Franchise Business ("Franchise Business") located at ("Offices"); and

WHEREAS, Franchisee has leased or shall lease certain premises containing the Office from ("Lessor") pursuant to that certain Lease Agreement dated, 20, entered into between Franchisee and Lessor ("Lease"); and WHEREAS, pursuant to Section 3.1 of the Franchise Agreement, Franchisee is required to deliver this Assignment to Franchisor.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

1. RECITALS

The foregoing recitals are true and correct in every respect and are incorporated by reference herein.

2. DEFINITION OF TERMS

Terms not otherwise defined in this Assignment shall have the meaning as defined in the Lease or the Franchise Agreement.

3. COLLATERAL ASSIGNMENT

Franchisee hereby grants to Franchisor a security interest in and to the Lease, all of the furniture, fixtures, inventory and supplies located in the Office and the franchise relating to the Franchise Business, and all of the Franchisee's rights, title and interest in and to the Lease as collateral for the payment of any obligations, liabilities or other amounts owed by Franchisee or its affiliates to the Lessor arising under the Lease and for any default or breach of any of the terms and provisions of the Lease, and for any default or breach of any of the terms and provisions of the Franchise Agreement. In the event of a breach or default by Franchisee under the terms of the Lease, or, in the event Franchisor makes any payment to the Lessor as a result of Franchisee's breach of the Lease, then such payment by Franchisor, or such breach or default by Franchisee, shall, at Franchisor's option, be deemed to be an immediate default under the Franchise Agreement, and Franchisor shall be entitled to possession of the Office and to all of the rights, title and interest of the Franchisee in and to the Lease and to all other remedies described herein or in the Franchise Agreement or at law or in equity, without prejudice to any other rights or remedies of Franchisor under any other Agreements or under other applicable laws or equities. This Assignment shall constitute a lien on the interest of Franchisee in and to the Lease until satisfaction in full of all amounts owed by Franchisee to Franchisor. In addition, the rights of the Franchisor to assume all obligations under the Lease provided in this Assignment are totally optional on the part of Franchisor, to be exercised in its sole discretion. Franchisee agrees to execute any and all Uniform Commercial Code financing statements and all other documents and instruments deemed necessary by Franchisor to perfect the interests and assignments granted herein.

Source: Item 22 — CONTRACTS (FDD pages 66–67)

What This Means (2024 FDD)

According to Management Recruiters' 2024 Franchise Disclosure Document, a Collateral Assignment of Lease is a standard component of the franchise agreement. Exhibit F in Item 23 includes a standard Collateral Assignment of Lease agreement.

The Collateral Assignment of Lease means that the franchisee grants Management Recruiters a security interest in the lease for their office space. This assignment acts as collateral, securing the franchisee's obligations to both the lessor (landlord) and Management Recruiters itself. This collateral includes the lease, all furniture, fixtures, inventory, and the franchise itself.

Specifically, if the franchisee defaults on the lease or the franchise agreement, Management Recruiters has the option to take possession of the office and assume the franchisee's rights under the lease. The franchisee is also obligated to execute any documents, such as Uniform Commercial Code financing statements, necessary for Management Recruiters to perfect its security interest in the lease. This assignment ensures that Management Recruiters has recourse in case of franchisee default, protecting their interests in the franchise location and business operations.

This agreement is in place to protect Management Recruiters in the event of a default by the franchisee. It allows Management Recruiters to maintain control over the location of the franchise and continue operations if necessary. However, the rights of Management Recruiters to assume all obligations under the lease are optional and can be exercised at their discretion.

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.