Colorado Simple Agreement for Future Equity

State:
Multi-State
Control #:
US-ENTREP-008-3
Format:
Word; 
Rich Text
Instant download

Description

This term sheet summarizes the principal terms of the proposed Simple Agreement for Future Equity ("SAFE") financing of a Company, by certain Investors. This term sheet is for discussion purposes, is not binding on an Investor, nor is an Investor obligated to consummate the financing until a definitive SAFE agreement has been agreed to and executed. The term sheet does not constitute an offer to sell or an offer to purchase securities.

Colorado Simple Agreement for Future Equity, also known as SAFE, is a legal agreement that provides a framework for startups to raise funds without giving away ownership or issuing shares. This innovative investment instrument allows early-stage companies to secure funding from investors in exchange for a promise to issue equity or convertible securities at a later stage. The Colorado SAFE agreement is similar to SAFE agreements used in other jurisdictions, such as the SAFE created by Y Combinator. However, the Colorado-specific version ensures compliance with the state's laws and regulations governing equity-based financing transactions. This type of agreement is particularly popular among startups as it offers flexibility and simplicity in fundraising. It eliminates the complexities associated with traditional equity financing, such as determining the valuation of the company, negotiating share prices, and conducting lengthy due diligence processes. By utilizing a SAFE agreement, a startup can quickly access necessary capital while deferring discussions related to valuation and equity dilution to a future funding round. Investors who participate in a Colorado SAFE receive a contractual right to equity or convertible securities in the company once a triggering event occurs. These triggering events can include equity financing rounds, equity sales, acquisitions, or an initial public offering. There are different types of Colorado SAFE agreements tailored to specific needs and circumstances. These may include: 1. Colorado Cap SAFE: This type of agreement sets a maximum valuation cap that determines the price at which the investor's investment will convert into equity or convertible securities. It ensures that the investor's ownership stake will not be negatively impacted by subsequent fundraising at a higher valuation. 2. Colorado Discount SAFE: This variant allows investors to receive equity or convertible securities at a predetermined discounted price compared to the price set for future investors. This incentive recognizes the investor's early-stage commitment and mitigates the risk associated with investing in a startup before its valuation is fully established. 3. Colorado Valuation Cap and Discount SAFE: This combination of the two types above provides investors with both a maximum valuation cap and a discount on the conversion price. It offers additional protection and incentives to investors participating in early-stage fundraising rounds. In conclusion, the Colorado Simple Agreement for Future Equity (SAFE) provides startups in Colorado with a streamlined and flexible approach to secure funding without the complexity of traditional equity financing. By offering different variations, such as the Cap SAFE, Discount SAFE, and Valuation Cap and Discount SAFE, this innovative funding instrument caters to the unique needs and preferences of both startups and investors alike.

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How to fill out Colorado Simple Agreement For Future Equity?

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FAQ

A simple agreement for future equity delays valuation of a company until it has more performance data on which to base a valuation. At the same time, it promises an investor the right to buy future equity when a valuation is made. A SAFE can be converted into preferred stock in the future.

Cons: SAFE investors assume most, if not all, of the risk, in that there is no guarantee of any equity ownership in the company. ... A SAFE holder is not entitled to any company assets in the event of a liquidation.

What's Included in a Simple Agreement for Future Equity? The key terms of a SAFE include the investment amount, the valuation cap, and the conversion discount.

A Simple Agreement for Future Equity (we'll call it a SAFE from here on out) is an agreement that an early-stage startup makes with an investor?typically when raising money during a seed round. Because the startup doesn't yet have a formal valuation, it doesn't have shares to issue to the investor.

Cons: SAFE investors assume most, if not all, of the risk, in that there is no guarantee of any equity ownership in the company. ... A SAFE holder is not entitled to any company assets in the event of a liquidation.

Calculation ing to the Discount Rate The total shares are calculated ing to the SAFE money invested divided by the share price in the next round, multiplied by the discount rate. If we take our example above, if during the next financing round, the company raises money ing to a share price of $10.

A Simple Agreement for Future Equity (SAFE) is a contractual agreement between a startup company and its investors. It exchanges the investor's investment for the right to preferred shares in the startup company when the company raises a future round of funding.

More info

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Colorado Simple Agreement for Future Equity