2018 Seminars Bankruptcy and Creditors' Rights Food & Beverage Industry Seminars Training Modules

Storm Preparation: Crafting a “Bankruptcy Proof” Distribution and Franchise Agreement

By Foley & Lardner LLP March 4, 2024 No Comments

I. Before the Storm: Distributor/Franchisor Strategies Prior to a Dealer/Franchisee Bankruptcy Filing

A. Amend the Distribution/Franchise Agreement

1. “Ipso Facto” Clauses Are Not Enforceable
2. Anti-Assignment Provisions Probably Are Enforceable
3. Separate Agreements – Leases and Non-Competes
4. Agreement as a Personal Service Contract

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