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A term sheet is a nonbinding agreement outlining the basic terms and conditions under which an investment will be made. Term sheets are most often associated with start-ups. Entrepreneurs find that this document is crucial to attracting investors, such as venture capitalists (VC) with capital to fund enterprises.
But no matter who the investor is, a term sheet will always contain six key components, including: A valuation. An estimate of what a company is worth as an investment opportunity. ... Securities being issued. ... Board rights. ... Investor protections. ... Dealing with shares. ... Miscellaneous provisions.
The main point of difference is that, generally, a Term Sheet is not intended to be legally binding while Shareholders Agreements are legally binding. You often use a Term Sheet to quickly agree on the key commercial terms and then use that as a basis to draft up a more formal Shareholders Agreement.
All term sheets contain information on the assets, initial purchase price including any contingencies that may affect the price, a timeframe for a response, and other salient information. Term sheets are most often associated with startups.
A term sheet is a list of terms and conditions on which an investor is prepared to fund your business. At a basic level, term sheets describe the amount of the proposed investment and the share of your business the investor would like in return.
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.
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.
Founders who receive a term sheet need to understand, from a legal perspective, how to manage the process. Key provisions of a VC term sheet include: investment structure, key economic terms, shareholder agreements, due diligence, exclusivity and closing.