Westlaw News

Pizza Hut challenges bankrupt franchisee’s sale process over consent rights

Pizza Hut is challenging an attempt by its largest franchisee to sell its Pizza Hut locations in bankruptcy, saying the franchisee, NPC International, is trying to rush through a sale without the pizza chain’s consent.

In an objection filed on Friday, Pizza Hut, represented by McDermott Will & Emery, says it does not oppose a sale in theory, but says that because NPC is merely licensing the restaurant’s trademark, Pizza Hut must be involved in the sale process. NPC, which is also the largest Wendy’s franchisee in the United States, filed for bankruptcy in July in the U.S. Bankruptcy Court for the Southern District of Texas.

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