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M&A Basics | The Term Sheet The term sheet is a short bullet list of the key points of the transaction, such as the selling price, earnest money deposit, down payment, financing terms, length of time for due diligence, training agreement, non-compete agreement, contingencies, and other essential terms.
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.
The essential difference between Term Sheets and Shareholder Agreements is that the former are not usually legally binding, while Shareholder Agreements, on the other hand, tend to be legally binding. Term Sheets will assist in the earlier stages of a deal, to agree on material commercial terms.
After agreement on the terms has been reached and formalized in a signed term sheet, legal documents (commonly called ?long-form docs? or ?final docs?) are prepared, reviewed, and executed to finalize the investment.
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.
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.