What happens if the Maker loses ownership or possession of the premises for a Sonesta Simply Suites?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
This Note shall be accelerated on the occurrence of any of the following events (each, an "Acceleration Event"): (i) any representation or warranty made in connection with this Note, your application, the Agreement, or in any report or other information later submitted to the Holder that is, in the Holder's opinion, false, misleading or incorrect in any material respect; (ii) termination of the Agreement for any reason; (iii) any breach of the Agreement or this Note, whether Maker is notified of or cures such breach; (iv) transfer of any interest in the Agreement whereby the transferee does not assume Maker's obligation under this Note in a form acceptable to Holder upon transfer; (v) Maker loses ownership or possession of the Premises, or otherwise loses the right to conduct the franchised business at the Hotel; (vi) any ownership interest of the Maker is transferred or conveyed, whether directly or indirectly, or an owner of the Maker enters into an agreement or understanding for such a transfer or conveyance; (vii) if any proceedings for the appointment of a receiver or other custodian or seeking marshaling or composition of or for Maker's business or assets is filed in any court, or otherwise commenced in accordance with applicable law, and is not dismissed within forty-five (45) days; or (viii) any of the events described in this Section 3 occur with respect to any affiliate of the Maker that is a party to an agreement with the Holder.
Should an Acceleration Event occur, the unamortized Principal shall become immediately due and payable without further notice and, if applicable, Maker will have no obligation to make any additional Disbursement.
Source: Item 23 — RECEIPTS (FDD pages 80–246)
What This Means (2025 FDD)
According to the 2025 Sonesta Simply Suites Franchise Disclosure Document, if the Maker loses ownership or possession of the premises, it constitutes an Acceleration Event. This means that the outstanding principal balance of the Note becomes immediately due and payable without further notice.
Specifically, the FDD states that the Note will be accelerated if the Maker loses ownership or possession of the Premises, or otherwise loses the right to conduct the franchised business at the Hotel. This is listed as one of several Acceleration Events that would trigger the immediate repayment of the unamortized principal.
This clause protects the Holder (likely Sonesta Simply Suites) by ensuring they can recoup outstanding debts quickly if the franchisee loses control of the hotel property. For a prospective franchisee, this highlights the importance of securing stable and long-term property rights for their Sonesta Simply Suites location, as losing these rights could have immediate and significant financial consequences.