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LJN's Franchising Business & Law Alert

March 2009

Preventing Conflicts Between Secured Creditors and Franchisors

By Craig R. Tractenberg

A franchisor has rights and remedies that a secured creditor is not granted under the UCC, but the franchisor, by becoming a competing secured creditor, does not necessarily advance its rights and remedies in a default situation. The inter-creditor agreement and remarketing agreement are alternatives to maximize recoveries and reduce conflicts by cooperation, rather than by litigation.

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