The Art of the Deal (Negotiating a Term Sheet)

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I remember reading Donald Trump’s The Art of the Deal when it came out more than 20 years ago. I was curious how Trump had managed to put together his vast real estate empire at such a young age. During my business career, I’ve been fascinated with deal-making and how to negotiate win-win opportunities. I’m convinced that even when you’re on the winning side of a win-lose deal, it’s ultimately still a loser most of the time. In this column series, we’ve been looking at how to negotiate a term sheet for an investment. My premise is that most physicians are routinely approached to participate in a variety of business “deals.” For those entrepreneurially-minded physicians that want to participate in such deals, they’re well served to understand the fundamentals of deal negotiating to help build a solid investment portfolio. In last month’s column, I reviewed some of the “big rocks” of negotiating a deal, including whether the opportunity would be an equity investment, a debt investment, or some combination thereof. In this column, I’ll review other key parts of a term sheet.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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