Delaware is the choice of jurisdiction for the operation of two-thirds of the Fortune 500 companies and 80% of all firms that go public. To take full advantage of Delaware’s unique combination of factors, such as their commitment to being at the forefront of business law and their user-friendly secretary of state office, then consult with members of the Delaware Bar.
This comprehensive term sheet, drafted by Atlassian and customisable on the Genie AI platform, aims to remove confusion surrounding the M&A process, particularly for founders who are selling a company for the first time. It contains explanations of key terms to aid transparency and a fair agreement.
By moving away from one-sided, buyer-favourable terms, this term sheet may reduce friction and avoid lengthy negotiations.
Some of the major terms to pay attention to are: purchase price, founders’ roles, stock vs. cash consideration, retention equity, indemnification, escrow and risk allocation.
