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What Is a Term Sheet? A term sheet is a nonbinding agreement that shows the basic terms and conditions of an investment. The term sheet serves as a template and basis for more detailed, legally binding documents.
While drafting a term sheet, a few things should be kept in mind like, keeping it simple and clear, knowing your audience, defining the key terms of the agreement, having a scope for flexibility, having set timelines, defining confidentiality and exclusivity clauses, and addressing potential contingencies.
In as little as 500 words, a VC's term sheet lays out the financial terms of the investment, how much your startup will be worth, who will control it and who will profit the most if the company is sold or goes public. The term sheet is akin to a letter of intent.
Key provisions of a VC term sheet include: investment structure, key economic terms, shareholder agreements, due diligence, exclusivity and closing.
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.
4 Steps to Create a Term Sheet Investment amount. Timing. Company valuation. Form of investment. Stock option plans. Parties' rights and responsibilities. Board representation. Time frame for deal completion.
There are two common ways to structure a term sheet: equity financing and convertible financing. Equity financing means that the VC buys a percentage of the company's shares at a certain price per share, which determines the valuation of the company.
4 Steps to Create a Term Sheet Understand the Content. First and foremost, it's essential to understand a term sheet's content. ... Study the Terms and Conditions. As with any business document, it's vital to understand the terms and conditions. ... Get a Lawyer. ... Prepare to Negotiate.