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.
How to Prepare a Term Sheet Identify the Purpose of the Term Sheet Agreements. Briefly Summarize the Terms and Conditions. List the Offering Terms. Include Dividends, Liquidation Preference, and Provisions. Identify the Participation Rights. Create a Board of Directors. End with the Voting Agreement and Other Matters.
Whereas the term sheet is the starting point, the investment agreement is sort of the final step. The investment agreement is the document that sets out the investment details. It includes the actions required to close the investment and the structure of the investment itself.
Terms sheets are preliminary agreements that precede substantive contract negotiations. They are also be referred to as: heads of agreement or heads of terms, letters of intent; pre-contract protocol or memoranda of understanding.
Whereas the term sheet is the starting point, the investment agreement is sort of the final step. The investment agreement is the document that sets out the investment details. It includes the actions required to close the investment and the structure of the investment itself.