This is a downloadable sample of a de-identified Term Sheet (TS) that was involved in a project we did some years ago. It’s a more legally-focussed document than the earlier sample we shared, but this is not uncommon.
Vendors can often be put off by legalistic language and structure in what are, after all, only preliminary and non-binding ‘indicative offers,’ but it can in fact be a good sign that the prospective purchaser has put the time and effort into a proper legal drafting and review.
It’s important to realise that you’re not committing to anything until you’ve (both!) actually signed a proper legal document and fulfilled the various legal requirements that are defined in it. It can often give both parties comfort to sign intermediate documents like Indicative Offers (IOs) and Memoranda of Understanding (MOUs) but unless these specifically state legally binding terms, they are really only documents of comfort.
Having been through this process many, many times we’ve developed a real understanding of both the legal issues at stake and the emotional position that both parties will find themselves in at various stages along the path. It’s critical to mange both – for both parties – if we’re going to consummate a real deal that everyone is happy with, both now and in the future.
Contact us directly to find out more!