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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 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 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.
No-Shop/Confidentiality Provision = Binding Everything in a term sheet can be broken down into two parts in terms of what's binding: a ?No-Shop?/confidentiality provision, and everything else. Most term sheets have a No-Shop/confidentiality provision.
VC term sheets typically include the amount of money being raised, the types of securities involved, the company's valuation before and after the investment, the investor's liquidation preferences, voting rights, board representation, and so much more.
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.
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.
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.