Entrepreneurs have two concerns: developping a project and finding sufficient funding to launch the project. Most of the time, financing is sought from venture funds or business angels and may be structured as equity or debt. It is important that entrepreneurs pay attention to specific contractual clause to protect their interests and keep control on their project.
A 45 min. presentation.
1. Type of investment: equity or leverage?
2. Type of agreements: 1. Equity: (i) Shareholders Agreement, (ii) Voting Agreement, (iii) Share Purchase Agreement, (iv) Joint-Venture Agreement, (v) etc. 2. Leverage: (i) Credit Facility, (ii) convertible bond agreement, (iii) etc.
3. Bargaining Power between Venture capitalist and Entrepreneur.
4. Entrepreneur should pay attention to specific contractual clauses to avoid losing control of the company/project: (i) Voting right; (ii) IP rights; (iii) Tag alone clause; (iv) Drag alone clause; (v) exit clause; (vi) corporate governance; (vii) etc.
5. Going public.