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Survive the Term Sheet Negotiation and Investor Due Diligence Part 1

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That’s what you as a founder will have, which is why it’s also known as founders’ stock. There is a different kind of stock that investors can choose to purchase, called preferred stock. While the name makes it seem preferable to common stock, preferred is not inherently better, it’s just different.

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What happens when a company is acquired for less money than it raised in funding?

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5) Senior Preferred Stock and warrants. 6) Any preference multiple on (5). 7) Junior Preferred Stock and warrants. 8) Any preference multiple on (7). 9) Common Stock (including any Preferred that converted to Common, any exercised options, and all Founders stock) and Common stock warrants.

Warrant 157
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Knowledge Is Power: Convertible Note Financing Terms, Part I

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For a traditional VC financing round structured as a sale of preferred stock, the best resources I can recommend are the Term Sheet Series by Brad Feld and Jason Mendelson and Startup Company Lawyer by Yokum Taku. (For more on working with startup lawyers, see Mark Suster’s classic post, How To Work With Lawyers At A Startup.).

Finance 178
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Knowledge Is Power: Convertible Note Financing Terms, Part II

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Mandatory Conversion : The Notes and any accrued interest will be converted into the Company’s next issued series of preferred stock resulting in new money of not less than $1,000,000 (an “ Eligible Financing ”) at a discount to the per-share price of such preferred shares of 25% (the “ Conversion Price ” ).

Finance 79
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“Bored” of Directors Can Become Clash of Titans

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In a similar vein, if the company does a round of preferred stock financing (call it a traditional “ Series A “), the Certificate will be amended extensively to authorize a whole new class of securities and related rights and preferences.

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Knowledge Is Power: Convertible Note Financing Terms, Part IV

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i) Preferred Stock (if a Preferred Financing is pending at the time of the transaction) or, (ii) if no Preferred Financing is pending, to Common Stock at a price per share equivalent to a fully diluted pre-money valuation of $3 million, to be paid in the same form of consideration (e.g.,

Finance 79
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Second-Class Investor Citizens: Facebook’s IPO and Dual-Class Equity Structures

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Options and warrants, when issued, are also typically exercisable for shares of Common Stock. By contrast, venture capital and angel investments normally take the form of Preferred Stock with rights and preferences set forth in the company’s Certificate of Incorporation and other governance documents.

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