phone number Call us whatsapp Whatsapp us

Term Sheet

What is a Term Sheet?

A Term Sheet is a non-binding document that outlines the key terms and conditions of a proposed investment or business agreement. It serves as a blueprint for drafting definitive, legally binding contracts, ensuring that all parties have a mutual understanding before committing to the deal.

What is a Term Sheet?

A Term Sheet is a non-binding document that outlines the key terms and conditions of a proposed investment or business agreement. It serves as a blueprint for drafting definitive, legally binding contracts, ensuring that all parties have a mutual understanding before committing to the deal.

Procedure for Drafting a Term Sheet

Initiate Discussions

  • Engage in preliminary negotiations to identify the fundamental aspects of the proposed agreement, such as valuation, investment amount, and equity distribution.

Outline Key Terms

  • Clearly define essential elements, including:

  • Valuation: The company's pre-money valuation.

  • Investment Amount: The capital to be invested.

  • Equity Stake: The percentage of ownership for investors.

  • Voting Rights: Decision-making authority of each party.

  • Liquidation Preferences: Investor's rights in the event of company liquidation.

  • Anti-Dilution Provisions: Mechanisms to protect investors from equity dilution.

Specify Non-Binding Nature

  • Clearly state that the term sheet is non-binding, serving as a basis for further negotiations and the drafting of formal agreements.

Include Confidentiality Clauses

  • Ensure that all parties agree to keep the terms and discussions confidential.

Set Timelines

  • Establish deadlines for due diligence, negotiation phases, and the execution of definitive agreements.

Consult Legal Counsel

  • Seek legal advice to ensure the term sheet accurately reflects the agreed-upon terms and complies with applicable laws.

Benefits of a Term Sheet

Clarifies Intentions: Provides a clear framework of the proposed deal, ensuring all parties are aligned on fundamental terms.
Facilitates Negotiations: Identifies key issues early, streamlining the negotiation process and reducing the likelihood of misunderstandings.
Saves Time and Resources: By addressing major deal points upfront, it minimizes the need for extensive revisions during the drafting of final agreements.
Builds Trust: Establishes a foundation of transparency and mutual understanding, fostering a positive relationship between parties.

FAQ's

1. Is a term sheet legally binding?

Generally, term sheets are non-binding, serving as a preliminary agreement outlining the main terms of a deal. However, certain provisions, such as confidentiality or exclusivity clauses, may be binding.

2. Who prepares the term sheet?

Typically, the investor or the party proposing the investment drafts the term sheet, but it can be a collaborative effort between all parties involved.

3. Can the terms in a term sheet be negotiated?

Yes, the term sheet is a starting point for negotiations, and its terms can be discussed and modified before final agreements are executed.

4. What happens after a term sheet is signed?

After signing, due diligence is conducted, and definitive legal agreements are drafted based on the terms outlined in the term sheet.

5. Why is a term sheet important?

It ensures that all parties have a mutual understanding of the key aspects of a deal, reducing the risk of disputes and facilitating a smoother transaction process.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Procedures, benefits, and outcomes may vary depending on the applicable laws of each state, and responses to frequently asked questions may differ based on individual circumstances.

Save more with our expert advice

Speak with our expert for customized
offers and exclusive promotions!

Benefits of a Term Sheet

Clarifies Intentions: Provides a clear framework of the proposed deal, ensuring all parties are aligned on fundamental terms.
Facilitates Negotiations: Identifies key issues early, streamlining the negotiation process and reducing the likelihood of misunderstandings.
Saves Time and Resources: By addressing major deal points upfront, it minimizes the need for extensive revisions during the drafting of final agreements.
Builds Trust: Establishes a foundation of transparency and mutual understanding, fostering a positive relationship between parties.

FAQ's

1. Is a term sheet legally binding?

Generally, term sheets are non-binding, serving as a preliminary agreement outlining the main terms of a deal. However, certain provisions, such as confidentiality or exclusivity clauses, may be binding.

2. Who prepares the term sheet?

Typically, the investor or the party proposing the investment drafts the term sheet, but it can be a collaborative effort between all parties involved.

3. Can the terms in a term sheet be negotiated?

Yes, the term sheet is a starting point for negotiations, and its terms can be discussed and modified before final agreements are executed.

4. What happens after a term sheet is signed?

After signing, due diligence is conducted, and definitive legal agreements are drafted based on the terms outlined in the term sheet.

5. Why is a term sheet important?

It ensures that all parties have a mutual understanding of the key aspects of a deal, reducing the risk of disputes and facilitating a smoother transaction process.

Save more with our
expert advice

Speak with our expert for customized offers and exclusive promotions!

Contact Us


Stay Connected


Registered Office Location

B-13, Sector 32, Opposite Delhi Press, DLF Industrial Area, Near NHPC Metro Station, Faridabad, Haryana, 121003


aidbylaw.com is a privately operated website and is not affiliated with any government entity. It is not a law firm, a substitute for a lawyer or legal firm, nor a lawyer referral service. The use of this website is entirely at the User’s sole risk. Accessing or using any service offered through this website does not establish a lawyer-client relationship. AIDBYLAW shall not be liable for any consequences arising from actions taken by the User based on the information or services provided on this website. Users are strongly encouraged to seek independent legal advice from a qualified professional for any legal concerns or issues.