Common use of Ownership and Financing Clause in Contracts

Ownership and Financing. Instead of leasing a Site, you may propose to purchase and own any or all of a Site directly, or through affiliates. The insurance required by this Agreement and our System Standards must be in force and effect when you begin construction of your Restaurant. If at any time prior to acquisition, or subsequently, you or your affiliates propose to obtain any financing with respect to the Site or for your Restaurant or for any Operating Assets in which any of such items are pledged as collateral securing your performance, the form of any purchase contract with the seller of a Site and any related documents, and the form of any loan agreement with or mortgage in favor of any lender and any related documents, must be approved by us before you sign them. Our consent to them may be conditioned upon the inclusion of various terms and conditions, including the following: (a) a provision which requires any lender or mortgagee concurrently to provide us with a copy of any written notice of deficiency or default under the terms of the loan or mortgage sent to you or your affiliates or the purchaser; (b) a provision granting us, at our option, the right (but not the obligation) to cure any deficiency or default under the loan or mortgage (should you fail to do so) within 15 days after the expiration of a period in which you may cure such default or deficiency; and (c) a provision which expressly states that any default under the loan or mortgage, if not cured within the applicable time period, constitutes grounds for termination of this Agreement and any default under this Agreement, if not cured.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement (Healthy Fast Food Inc)

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Ownership and Financing. Instead of leasing a Site, you may propose to purchase purchase, construct, own and own any or all of operate a Site directly, WOB Store on real property owned by you or through affiliates. The insurance required by this Agreement and our System Standards must be in force and effect when You will meet certain conditions if you begin construction of or your Restaurant. If affiliates own a Site or at any time prior to acquisition, or subsequently, you or your affiliates propose to obtain any financing with respect to the Site or for your Restaurant WOB Store or for any Operating Assets in which any of such items are pledged as collateral securing your performance, the . The form of any purchase contract with the seller of a Site and any related documents, and the form of any loan agreement with or mortgage in favor of any lender and any related documents, must be approved by us before you sign them. Our consent to them may be conditioned upon the inclusion of various terms and conditions, including the following: (a) a provision which requires any lender or mortgagee concurrently to provide us with a copy of any written notice of deficiency or default under the terms of the loan or mortgage sent to you or your affiliates or the purchaser; (b) a provision granting us, at our option, the right (but not the obligation) to cure any deficiency or default under the loan or mortgage (should you fail to do so) within 15 days after the expiration of a period in which you may cure such default or deficiency; and; (c) a provision which expressly states that any default under the loan or mortgage, if not cured within the applicable time period, constitutes grounds for termination of this Agreement and any default under this Agreement, if not curedcured within the applicable time period, also constitutes a default under the loan or mortgage; and (d) your delivery to us of an Agreement to Lease, in a form acceptable to us, which requires you, at our option, to lease the Site to us if the Franchise Agreement is terminated, assigned, or transferred.

Appears in 1 contract

Samples: Franchise Agreement (Pacific Software, Inc.)

Ownership and Financing. Instead of leasing a Site, you may propose to purchase purchase, construct, own and own any or all of operate a Site directly, WOB Tavern on real property owned by you or through affiliates. The insurance required by this Agreement and our System Standards must be in force and effect when You will meet certain conditions if you begin construction of or your Restaurant. If affiliates own a Site or at any time prior to acquisition, or subsequently, you or your affiliates propose to obtain any financing with respect to the Site or for your Restaurant WOB Tavern or for any Operating Assets in which any of such items are pledged as collateral securing your performance, the . The form of any purchase contract with the seller of a Site and any related documents, and the form of any loan agreement with or mortgage in favor of any lender and any related documents, must be approved by us before you sign them. Our consent to them may be conditioned upon the inclusion of various terms and conditions, including the following: (a) a provision which requires any lender or mortgagee concurrently to provide us with a copy of any written notice of deficiency or default under the terms of the loan or mortgage sent to you or your affiliates or the purchaser; (b) a provision granting us, at our option, the right (but not the obligation) to cure any deficiency or default under the loan or mortgage (should you fail to do so) within 15 days after the expiration of a period in which you may cure such default or deficiency; and; (c) a provision which expressly states that any default under the loan or mortgage, if not cured within the applicable time period, constitutes grounds for termination of this Agreement and any default under this Agreement, if not curedcured within the applicable time period, also constitutes a default under the loan or mortgage; and (d) your delivery to us of an Agreement to Lease, in a form acceptable to us, which requires you, at our option, to lease the Site to us if the Franchise Agreement is terminated, assigned, or transferred.

Appears in 1 contract

Samples: Franchise Agreement (Pacific Software, Inc.)

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Ownership and Financing. Instead of leasing a Site, you may propose to purchase and own any or all of a Site directly, or through affiliates. The insurance required by this Agreement and our System Standards must be in force and effect when you begin construction of your Restaurant. If at any time prior to acquisition, or subsequently, you or your affiliates propose to obtain any financing with respect to the Site or for your RAGIN' RIBS(R) Restaurant or for any Operating Assets in which any of such ox xxxh items are pledged as collateral securing your performance, the form of any purchase contract with the seller of a Site and any related documents, and the form of any loan agreement with or mortgage in favor of any lender and any related documents, must be approved by us before you sign them. Our consent to them may be conditioned upon the inclusion of various terms and conditions, including the following: (a) a provision which requires any lender or mortgagee concurrently to provide us with a copy of any written notice of deficiency or default under the terms of the loan or mortgage sent to you or your affiliates or the purchaser; (b) a provision granting us, at our option, the right (but not the obligation) to cure any deficiency or default under the loan or mortgage (should you fail to do so) within 15 days after the expiration of a period in which you may cure such default or deficiency; and (c) a provision which expressly states that any default under the loan or mortgage, if not cured within the applicable time period, constitutes grounds for termination of this Agreement and any default under this Agreement, if not cured.

Appears in 1 contract

Samples: Franchise Agreement (P D C Innovative Industries Inc)

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