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Commercial Contracts

market terms

Musings and More About “Market” Terms in Transactions

An Overreliance on Market Terms Business professionals commonly negotiate transactions by reference to what is “market.” This makes great sense for the people who are responsible for negotiating price. Valuation and pricing methods are relatively tried and true after all, and math is an exact science. This is not to suggest that buyers and sellers […]


anticipate contract issues

How to Anticipate Contract Issues Before You Sign (And Why You’ll Be Glad You Did)

Anticipate Contract Issues to Save Yourself a Headache When we negotiate a deal, the paperwork is intended to document the deal. If necessary, the paperwork is supposed to ensure that all parties keep their commitments. But I’ll admit it: I’m paranoid. How do I anticipate contract issues? How do I ensure enforceability? We are investing […]


SAFE Discounts Should Be 50% At Least

The SAFE is like a warrant entitling investors to shares in the company, typically preferred stock, if and when there is a future liquidity event, i.e., if and when the company next raises “priced” equity capital, or is acquired, or files an IPO. Like convertible debt, SAFE deal terms can include valuation caps and share-price discounts, to give early (CF) investors a lower price per share than later (VC) investors or acquirers get for the same equity.


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