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A term sheet can be defined as a non-binding agreement that sets out the basic conditions for making an investment. It serves as a template for developing more detailed documents that are legally binding.
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.
6 Tips for Writing a Term Sheet List the terms. ... Summarize the terms. ... Explain the dividends. ... Include liquidation preference. ... Include voting agreement and closing items. ... Read, edit and prepare for signatures.
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 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.
A term sheet is a nonbinding agreement outlining the basic terms and conditions under which an investment will be made. Term sheets are most often associated with start-ups. Entrepreneurs find that this document is crucial to attracting investors, such as venture capitalists (VC) with capital to fund enterprises.
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 commonly used in mergers and acquisitions, investments, and complex financial talks where clarity on deal structure is critical. Whereas, an MoU is commonly used when it is critical to establish mutual objectives and responsibilities.