EP6.
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Key Takeaways
- Terms should be viewed as a package, not individually - optimizing for one term may require trade-offs on others
- Prioritize what's best for the company's success, not just favoring founders or investors
- Key terms: liquidation preferences, anti-dilution, pre-emptive rights, vesting
- Current trends: more founder-friendly terms, increased focus on ESG reporting, drag-along thresholds
Topics
Investment Process Overview
- Term sheet is non-binding but guides key agreed terms before legal docs
- Due diligence done after term sheet, focused on accuracy of representations
- Negotiating shareholder agreement, subscription agreement, share purchase agreements
- Money transferred and shares issued after all agreements signed
Setting Terms Philosophy
- Investing for the upside potential, not the downside
- It's a long-term partnership, not a transaction - don't view it as founders vs investors
- Consider precedents being set that future investors will expect
- View terms as a total package, not individually
Liquidation Preferences
- Principle that investors get their money back first if company sells for less than invested amount