Franchise Loan Financing:
New and existing Huntington Learning Center franchisees will have the one-time opportunity to borrow up to $100,000 (minus certain fees, as described below) in opening a new Huntington Learning Center. Funds must be used to pay for opening expenses, which may include the initial franchise fee and the cost of curricula, furniture, equipment, and computers needed to establish the Center. The lender (“Lender”) will be Huntington Learning Corporation, except in California, where the lender will be Huntington Learning Centers, Inc.
The Lender will expect that you spend a minimum of $60,000 of your own funds towards the opening of the Franchised Business before receiving the proceeds. You must request financing before you open the Center. Excess funds may be used for working capital. Any franchisee wishing to borrow money must be approved by us. The Lender will require that any prospective borrower meet its credit standards and other standards. No financing is available for transfers or renewals.
Financing is provided at 7% interest per annum over a 60-month term with the following structure:
- No payments will be due for the initial six full calendar months of the term of the loan;
- Interest-only payments will be due for the next six full calendar months of the term of the loan; and
- Interest and principal payments begin on the first day of the 13th full calendar month of the term of the loan.
A $3,800 Loan Facility Fee and a $200 UCC1 Fee will be payable for the loan and will be deducted by the Lender from the loan amount. Interest will be payable on the full amount of the loan, including on the Loan Facility Fee and the UCC1 Fee. Periodic loan payments must be paid by ACH. There is no penalty for prepayment.
If you obtain financing from the Lender you must sign the Lender’s negotiable promissory note (the “Note”) in the form attached as Exhibit S, and the security agreement (“Security Agreement”) in the form attached as Exhibit T. Each of the borrower’s partners, shareholders, and members must personally guarantee the promissory note by signing a promissory note guarantee in the form attached as Exhibit U. The Security Agreement provides that financing will be secured by the franchise agreement, related agreements and all assets of all Franchised Businesses. The Security Agreement also provides that no bank or other lending institution may place a lien on any franchise agreement, other agreement, or any Franchised Business asset, without our prior written agreement.
The Lender has no practice or intent to sell, assign, or discount to a third party the financing arrangement, but it reserves the right to do so.
If you default under a financing arrangement with the Lender, then (1) the Lender may accelerate the debt and declare the entire amount due and payable with interest; (2) the annual interest rate will increase to 18% or the maximum permissible by law during the period of default; (3) the Lender may repossess and liquidate the collateral; and (4) you will be in default under the franchise agreement. In the event that a default occurs, you will be required to pay all reasonable costs and expenses, including legal fees, incurred by the Lender and us in enforcing our rights. Under the Note you are required to sign a Confession of Judgment and Warrant of Attorney to confess and enter judgment in favor of the Lender in the event of a default. Under the Note you are also required to waive presentment, demand, protest, notice of protest, notice of dishonor, and notice of acceleration of maturity; you waive the right to assert any claims, counterclaims, or seek a set-off in any litigation arising from the financing arrangement; and you waive the right to a jury trial. Other than the interest fee and the other fees described in this Item, neither we nor the Lender receive any consideration, if you receive financing from the Lender.
If you would like to apply for a commercial franchise loan from Lender based on the terms provided above and you authorize the release of all credit, employment and financial data contained in this Application to Lender to be considered for such financing, please check the box below. By checking the box below, you authorize Lender to obtain a copy of your credit report in connection with the proposed business purpose financing.