Term Sheet

At the HBS VC Alumni event I was at last week (no – I didn’t go to HBS – I was a panelist) I heard a great line from a wise old VC who has been a VC about as long as I’ve existed on this planet. “VCs only need three rights: Up, Down, and Know What The Fuck Is Going On” If you’ve read Venture Deals: How To Be Smarter Than Your Lawyer and Venture Capitalist , you already know that Jason and I agree with this statement. And even though a term sheet might be four to eight pages long and the definitive documents might be 100 pages or more, other than economics, there are really only three things a VC needs in a deal. ...

For some time Jason and I have felt that VC’s have had an unfair advantage when it comes to understanding term sheets. So a few years back we wrote a whole series of blog posts (the Term Sheet series ) which became the basis for the book Venture Deals: Be Smarter Than Your Lawyer and Venture Capitalist . Our goal with all of this was to help put entrepreneurs on a more even footing in negotiating a deal with a VC. ...

When Jason and I set out to write Venture Deals: Be Smarter Than Your Lawyer and Venture Capitalist , we both agreed that we wanted to try to create as useful and durable a reference guide for entrepreneurs interested in raising a round of venture capital as we could. As a result, we created a Resources page on Ask the VC and decided to load it up with legal documents that are part of a venture capital financing. ...

While some people hate the phrase “failing fast”, I find it instructive when it’s used to signify that one isn’t going to pursue a particular path in the context of a larger set of activities. A few weeks ago, I wrote a post about The Proliferation of Standardized Seed Financing Documents . It generated several hundred email responses and a handful of phone calls. A week or so later, my partner Jason Mendelson wrote a post titled Why There Will Never be a Standard Set of Seed Documents. I’ve concluded that Jason is right so rather than torture myself, I’m failing fast with regard to trying to help create a set of standardized seed documents. ...

I know I owe everyone a follow up to my post from last week titled The Proliferation of Standardized Seed Financing Documents . To the many of you out there that emailed me in response, thanks for all of the thought, ideas, suggestions, and offers of help. More on that soon. In the mean time, I noticed today that Dow Jones is running a seminar titled Negotiating an Angel Deal: What Angels, Entrepreneurs & VCs Need to Know . My partner Jason Mendelson is one of the panelists, along with several other notable lawyers and angel investors. If you are interested in this particular topic, I expect there will be a “robust” discussion as I know that the opinions between a few of the folks on the panel vary pretty widely. If you are interested, sign up here.

As of today’s announcement that Ted Wang at Fenwick & West has collaborated with a group of bay area early stage VC’s and angel investors to create the Series Seed Documents we now have – at my count – four different standardized seed financing documents floating around the industry. TechStars Model Seed Funding Documents (by Cooley) Y Combinator Series AA Equity Financing Documents (by WSGR) Founders Institute Plain Preferred Term Sheet (by WSGR) Series Seed Financing Documents (by Fenwick & West) Many smart and capable people have either worked on these various docs on signed on as supporters. However, until there is one standardized set of documents that everyone – especially the various law firms agree on – I don’t expect there to really be a standardized set of seed financing documents. I wrote about this in my post The Challenge of The Ideal First Round Term Sheet . ...

Over the years my partner Jason Mendelson and I have heard from numerous people that they’ve been exposed to our Venture Capital Term Sheet Series as reference material in a college course. We are delighted by this and whenever we’ve been asked, we’ve always said (and will continue to always say) “with our blessing.” However, we haven’t kept track of any of this over the year and have a few ideas for things we can do to update the material now that five years have passed. ...