How are partial payments applied under the Note for Sonesta Select Sonesta Essential?
Sonesta_Select_Sonesta_Essential Franchise · 2025 FDDAnswer from 2025 FDD Document
Any partial payments under this Note may be applied to pay interest, the principal amount, or costs as Holder, in its sole discretion determines.
Source: Item 23 — RECEIPTS (FDD pages 84–261)
What This Means (2025 FDD)
According to Sonesta Select Sonesta Essential's 2025 Franchise Disclosure Document, any partial payments made under the Note will be applied at the discretion of the Holder. The Holder can choose to apply these payments towards interest, the principal amount, or any costs associated with the Note. This means that Sonesta Select Sonesta Essential has the flexibility to decide how partial payments are allocated, which could impact how quickly the principal is paid down or how much interest accrues over time.
For a prospective Sonesta Select Sonesta Essential franchisee, this clause provides uncertainty regarding the application of partial payments. If a franchisee makes a partial payment, they cannot be certain whether the payment will reduce the principal balance, cover accrued interest, or offset other costs. This lack of control could affect the franchisee's financial planning and forecasting, as the allocation of payments is entirely at the Holder's discretion.
This provision is generally favorable to Sonesta Select Sonesta Essential, as it allows them to maximize their return or cover costs as they see fit. However, it places the franchisee at a disadvantage, as they have no say in how their payments are applied. Franchisees should carefully consider this provision and its potential impact on their financial obligations under the Note. It would be prudent to seek clarification from Sonesta Select Sonesta Essential regarding their typical practices for applying partial payments and to negotiate for more favorable terms if possible.