Resources / Glossary / Term sheet

Term sheet.

Aka. Termsheet · heads of terms · indicative terms

What is a term sheet?

A term sheet is a concise, bulleted document that lays out the key terms of a proposed transaction — most often a venture financing or an acquisition — before the parties draft binding contracts. It captures the economics and the control provisions on a page or two so everyone agrees on the shape of the deal before lawyers spend on the long-form documents.

Like a letter of intent, a term sheet is predominantly non-binding: the numbers and structure are statements of intent, subject to diligence and definitive agreements. A few provisions — confidentiality, exclusivity or no-shop, and sometimes a cost allocation — are typically carved out as binding.

In venture capital especially, the term sheet is the central artifact of a financing. It fixes the valuation, the security being issued, the investor protections, and the governance terms that the definitive stock purchase and shareholder agreements will then formalize.

What a term sheet covers

The exact contents depend on the deal type, but most term sheets address the same families of terms.

  1. Economics. Valuation (pre- and post-money in a financing) or purchase price, the amount invested, and the security — preferred stock, common, or debt.
  2. Liquidation preference. In a financing, how proceeds are split on an exit, including any participation and multiples.
  3. Control and governance. Board composition, protective provisions, and voting rights.
  4. Investor protections. Anti-dilution, pro-rata rights, drag-along and tag-along, information rights.
  5. Binding clauses. Confidentiality, exclusivity/no-shop, and expense allocation — the parts that bind on signature.

The discipline of a term sheet is that it forces the parties to confront the hard terms — preference, control, anti-dilution — early, while the deal is still cheap to walk away from, rather than discovering disagreement after the lawyers have run up fees on definitive drafts.

Why the headline number isn't the whole story

Founders and sellers often fixate on the valuation or price at the top of the term sheet, but the control and preference terms below it frequently matter more to the actual outcome. A high valuation paired with a 2x participating liquidation preference can leave the founder worse off than a lower valuation with a clean 1x non-participating preference.

The term sheet is where these trade-offs are set. An experienced counterparty reads the whole sheet as an integrated package — economics, preference, and control together — because the interaction of those terms determines who gets what in every exit scenario, not the headline number alone.

Frequently asked.

5 questions
01 Is a term sheet legally binding?

Mostly not. The commercial terms — valuation, price, structure, governance — are non-binding statements of intent, subject to diligence and definitive documents. Either side can renegotiate or walk away from them.

Certain provisions are usually carved out as binding: confidentiality, exclusivity or no-shop, and sometimes expense allocation. Well-drafted term sheets state explicitly which clauses bind so there is no ambiguity if the deal later falls apart.

02 What's the difference between a term sheet and a letter of intent?

They serve the same function — stating proposed deal terms before definitive agreements — and are often used interchangeably. The difference is format and convention: a term sheet is a bulleted list of terms, while a letter of intent is written as a letter from buyer to seller.

By convention, venture financings use term sheets and M&A deals lean toward letters of intent, though both appear in both contexts. Functionally and legally they behave the same way: mostly non-binding with a few binding carve-outs.

03 Why does a liquidation preference matter more than valuation?

Because the liquidation preference governs how exit proceeds are actually divided, and it can overwhelm the headline valuation. A 1x non-participating preference simply returns the investor's money before common holders share; a 2x participating preference returns double and then shares again — dramatically changing the founder's payout in a modest exit.

This is why experienced founders evaluate a term sheet as a whole. A lower valuation with clean terms can deliver more to the founder than a higher valuation loaded with an aggressive preference and participation.

04 What are protective provisions on a term sheet?

Protective provisions are veto rights that let investors block specified company actions — raising new senior stock, selling the company, taking on large debt, changing the board — without their consent, regardless of their ownership percentage.

They are a core control term. Even a minority investor can hold meaningful influence through protective provisions, which is why they are negotiated as carefully as the economic terms and read alongside board composition to understand who actually controls key decisions.

05 What happens after both sides sign a term sheet?

Signing triggers confirmatory diligence and the drafting of definitive documents — the stock purchase agreement and shareholder agreements in a financing, or the purchase agreement in an M&A deal. The term sheet becomes the blueprint the lawyers translate into binding contracts.

Because the term sheet's terms reappear, expanded, across multiple definitive documents, keeping the agreed terms and their downstream contract references in one queryable record helps both sides confirm the final documents actually match what was negotiated, rather than checking by hand across drafts.

Related terms

VectorShift for deal teams

Put VectorShift to work on every deal.

VectorShift reads the documents your team actually works on — CIMs, management decks, filings, expert calls, portfolio reports — and returns structured, sourced analysis in minutes, not weeks.

Request a demo

See how VectorShift works for your firm

Request Demo