What remedies can Petro Stopping Center exercise in case of a franchisee's default?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
valid security interest in the Collateral (free and clear of all other liens and claims whatsoever), including deposit with us of any certificate of title issuable with respect to the Collateral and notation on that title of this security interest; and
- (iv) if you lease any of the Collateral, agree to sign and deliver to us our standard form of Lease Assignment.
- (b) Exercise of Remedies. In any case of your default under the terms of the Lease, the Lease Assignment or the Loan Documents, we are entitled to exercise any one or more of the following remedies in our sole discretion:
- (i) to take possession of the Site or other Collateral or any part thereof, personally, or by our agents, employees or attorneys;
- (ii) to, in our discretion, without notice and with or without process of law, enter upon and take and maintain possession of all or any part of the Petro Center, together with the Collateral, including all furniture, fixtures, inventory, books, records, papers and accounts of the Franchisee;
- (iii) to exclude you and your Personnel from the Site or other Collateral;
- (iv) as attorney-in-fact for you, or in our own name, and under the powers herein granted, to hold, operate, manage and control the Petro Center and conduct the business, if any, thereof, either personally or by its agents, with full power to use such measures, legally rectifiable, as in its discretion may be deemed proper or necessary to cure such default, including actions of forcible entry or detainer and actions in distress of rent, granting full power and authority to us to exercise each and every of the rights, privileges and powers herein granted at any and all times hereafter;
- (v) to cancel or terminate any unauthorized agreements or subleases entered into by you, for any cause or ground which would entitle us to cancel the same;
- (vi) to disaffirm any unauthorized agreement, sublease or subordinated lien, to make all necessary or proper repairs, decorating, renewals,
- replacements, alterations, additions, betterments and improvements to the Site that may seem judicious, in our sole judgment;
Source: Item 14 — Other investments (FDD pages 131–208)
What This Means (2025 FDD)
According to the 2025 FDD, Petro Stopping Center has several remedies it can exercise if a franchisee defaults. These include taking possession of the site and collateral, either personally or through agents, employees, or attorneys. Petro Stopping Center can enter and maintain possession of the Petro Center, including furniture, fixtures, inventory, books, records, papers, and accounts. They can also exclude the franchisee and their personnel from the site or other collateral.
Petro Stopping Center can act as the franchisee's attorney-in-fact or in their own name to operate and manage the Petro Center, taking necessary actions to cure the default, including actions of forcible entry or detainer and actions in distress of rent. They can cancel or terminate unauthorized agreements or subleases made by the franchisee and disaffirm any unauthorized agreement, sublease, or subordinated lien. Petro Stopping Center can also make necessary repairs, decorations, renewals, replacements, alterations, additions, betterments, and improvements to the site.
Furthermore, Petro Stopping Center can insure and reinsure the site for risks related to their possession, operation, and management. They can also declare all of the franchisee's rights under the agreement to be immediately terminated as of the date of default under the lease, the lease assignment, or the loan documents. These remedies are in addition to other rights and remedies Petro Stopping Center has under the agreement and applicable law.
This extensive list of remedies highlights the significant control Petro Stopping Center retains in the event of a franchisee default, allowing them to protect their brand and business interests. Prospective franchisees should carefully consider these terms and understand the potential consequences of default under the franchise agreement, lease, or loan documents.