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Contract Glossary

Term Sheet

Definition

A non-binding document that outlines the key terms and conditions of a proposed deal before a definitive agreement is drafted. Term sheets are common in investment, lending, and business acquisition contexts — they establish the framework for negotiation without committing either party to the transaction.

In Practice

A venture capital firm wants to invest $2 million in your startup. Before anyone hires lawyers to draft a 40-page stock purchase agreement, the VC sends a term sheet: pre-money valuation of $8 million, $2 million for a 20% stake, one board seat, standard anti-dilution protection, and a 1x liquidation preference. You negotiate the board seat provision and anti-dilution terms, agree on the revised term sheet, then move to definitive documentation. The term sheet took two days; the final agreement takes two months.

Example Clause

This Term Sheet summarizes the principal terms of a proposed investment in [Company] (the 'Company') by [Investor]. This Term Sheet is for discussion purposes only and does not constitute a binding obligation of either party except for the provisions regarding Confidentiality and Exclusivity, which shall be binding upon execution.

Common in these contract types

Venture CapitalPrivate EquityMergers and AcquisitionsLending

Frequently asked questions about term sheet

Most provisions in a term sheet are non-binding — they express intent to negotiate toward a deal. However, certain clauses are typically binding: confidentiality (protecting deal details), exclusivity or no-shop (preventing the other party from entertaining competing offers), and expense allocation. Always check which sections are labeled as binding.

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This content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.