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alvin donovan - It is important to understand First Round Financing stipulations that your investor will likely use in structuring their purchase of your business.

You can find different nuances to take into account depending on whether you are talking to a PIPE Fund, private equity firm, venture capital angel investors, or hedge fund investors. These investors have a tendency to use different structures and even have different exit strategies.

alvin donovan - You must consider financing just like a chess game. You have to think A few steps ahead. A lot of companies don't raise investment capital financing in a single round without the need to raise financing in 2 or three subsequent rounds. First round financing therefore becomes essential for several reasons.

1. If you give away a lot of equity (your company's common or preferred stock) in the first round, you've greatly diluted the ownership position of one's Management Team. For instance, in the event you quit 45%, and you're simply likely going to need subsequent financing, then a result will probably mean giving up voting power over your business to improve more capital. Obviously, if you're able to convince subsequent round investors to provide you with Super Preferred voting rights then you may be capable of maintain voting control, although you may loose majority ownership inside the company.

2. Growth capital firms typically prefer to control the entire deal. This means should you stop trying to much within the first round financing, you will end up at their mercy in subsequent rounds. They'll take advantage of the undeniable fact that you're desperate for more cash for that company. They will likewise have the deal structured to ensure that should you will not stop trying control inside a subsequent financing round, they shall be able to take within the company and replace management. They could try this by structuring the financing terms using a number of different "default clauses". For example, should you default on the payment or don't meet certain goals that have been established.

3. Another problem without requiring understanding all the implications of first round financing is it can restrict your ability to improve subsequent financing. As an example, let's imagine you and the investor(s) that provided the original funding possess a disagreement and also you opt elsewhere for additional funding. This second round investor is going to look at all documentation around the initial funding you received and may also want to speak with the first group that funded your business. There may be restrictions on subsequent rounds that scare other investors away. What i'm saying is restrictions like, rights of first refusal, Security Agreements that run and only the initial investors and clauses that stop you from giving other investors more voting control or even a better stock cost compared to first investor group.

Private Equity firms have very skilled management teams, advisory boards and armies of lawyers at their disposal. They need to be certain they've got treating subsequent financing rounds so they really usually are not diluted themselves.

alvin donovan - You must have competent an attorney to counsel you during the first round of financing. It is very important to know the impact subsequent financing rounds could have on management's stock ownership and voting control. For this reason you have to carefully analyze and understand the first round of financing. If not properly negotiated and understood, it can have devastating effects on your subsequent rounds of financing or perhaps your capability to even obtain subsequent financing.