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The valuation is one of the most important elements of a term sheet and distinguishes it from similar documents, such as SAFEs, which are used in earlier funding rounds when your company's valuation is not yet known.
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.
Once you're certain the investors offering you a term sheet are a good match, go beyond the obvious. Investment dollars and valuation are critical, of course, but don't overlook important details like option pools, liquidation preferences and the composition of your board.
A typical term sheet has the following details: The proposed amount of funding and the duration of engagement. Rights of founders and other common shareholders. Rights of investors and restrictions. Proposed use of funds (how and where the money will be spent)
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.
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.
Consideration: Target to transfer ownership of all equity stocks, free of charge, to the Buyer. Buyer to be the sole beneficiary and owner of all stocks unless otherwise agreed by the Buyer.
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.