Once you're certain the investors offering you a term sheet are a good match, go beyond the obvious. Investment dollars and valuation are critical, of course, but don't overlook important details like option pools, liquidation preferences and the composition of your board.
Legal counsel is essential when creating or reviewing a term sheet to ensure that the terms are clear, fair, and protect your interests. An experienced attorney can help identify potential issues and provide valuable negotiation advice.
CohnReznick's Beth Mullen looks at several important points in a deal term sheet. Credit delivery amount and timing. Guarantees. Reserves. Year 15 exit options. Implied costs for third-party reports.
The key clauses of a term sheet can be grouped into four categories; deal economics, investor rights and protection, governance management and control, and exits and liquidity.
How to Draft an Investor Agreement Step-by-Step Preliminary Considerations. Define the Terms of the Investment. Outline Rights and Obligations. Include Key Provisions. Draft Protective Clauses for Both Parties. Finalize the Agreement.
A term sheet is a non-binding document outlining the basic terms and conditions of a potential investment. It serves as a preliminary agreement between the startup and the investor, setting the stage for the more detailed and legally binding documents that will follow, such as the definitive investment agreement.
6 Tips for Writing a Term Sheet List the terms. Summarize the terms. Explain the dividends. Include liquidation preference. Include voting agreement and closing items. Read, edit and prepare for signatures.
In simple terms, a term sheet is a non-binding agreement that outlines the basic terms and conditions of a potential business deal. An agreement, on the other hand, is a legally binding contract that both parties have agreed upon. The purpose of a term sheet is to establish a framework for negotiations.
A term sheet is a document which sets out certain terms of a transaction agreed in principle between parties, and is typically negotiated and signed at the beginning of a transaction. Term sheets evidence serious intent, but generally are not legally binding.