Viewed thus, the negotiation of a term sheet is a matter of adjustment of contractual rights and obligations on the various sides of a proposed investment transaction. The key players are obviously the investors, on the one hand, and the founder or the promoters, on the other.
A term sheet may be prepared by either party – the investor or the founder. Usually, if a venture capital firm is investing, the VC offers a term sheet.
What is it? A term sheet is a summary document containing the key terms of a contract. It provides an overview of the most important commercial and other terms of a transaction or relationship. It can be called Key Terms or Heads of Terms, or sometimes a Letter of Intent.
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.
As mentioned earlier, a term sheet is a mostly non-binding document signed by the target company and the prospective buyer. However, it often also contains a few binding provisions, such as exclusivity, non-solicitation, and confidentiality clauses.
A partnership term sheet is a non-binding agreement that outlines the key terms and conditions of a business partnership.
What do investors want to see in a business plan? A vision for the future. Product/market fit and traction. Funding needed and use of funds. A strong management team. An exit strategy. Cover letter. Pitch deck. Executive summary and/or one-page plan.
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.