News & Analysis as of

Debt Financing Startups

DarrowEverett LLP

Venture Debt: Down Round Protection Without Triggering Downside Provisions

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There is increasing chatter in the startup and investor space surrounding venture debt. It is not at all surprising that as the availability of ready capital has contracted considerably over the past two years, debt and...more

Orrick, Herrington & Sutcliffe LLP

Founder Series: Top Tips on Raising Bridge Financing

Convertible securities such as simple agreements for future equity (SAFEs), advance subscription agreements (ASAs) and conventional convertible loan notes (CLNs) are increasingly used as agile and flexible funding...more

Orrick, Herrington & Sutcliffe LLP

Deal Flow 3.0: European Venture Capital Deal Term Review 2022

Foreword - Despite a shift to economic headwinds, investors injected more than $95B into the European tech market in 2022, the second-largest amount ever. To see how deal terms changed, Orrick developed new technologies and...more

WilmerHale

In Case You Missed It: Launch Links - March 2022 #3

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Some interesting links we found across the web this week: 4 Keys to Grow and Scale Your Startup - One common thread between all types of startups is navigating the pathways between growth and scaling. The critical...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Bigfoot Biomedical® Secures up to $57 Million in Financing from Madryn Asset Management

Bigfoot Biomedical®, a Milpitas, CA emerging company, recently announced that it has secured new financing of up to $57 million in combined debt and equity financing from Madryn Asset Management LP, an alternative asset...more

McDermott Will & Emery

The Rise of the Venture Debt Market

The global pandemic has upended our lives. From the classroom to the boardroom, there is incredible scope for innovation and inventive solutions. And with entrepreneurship comes opportunity, in the form of venture capital....more

Fenwick & West LLP

Fenwick’s Top 10: Our Most Popular Articles of 2019

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In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture...more

Arnall Golden Gregory LLP

[Webinar] Money, Money, Money: Raising Capital and Exit Transactions for Life Sciences Companies - October 3rd, 12:00 pm ET

Access to capital is critical for life sciences companies. Securing funding can be a lengthy and complex process compounded by the need to plan for various exit transaction scenarios. Register now for this one-hour,...more

Proskauer Rose LLP

Growth in Third Party Preferred Equity Financing — Flexibility Leads the Way

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The trend of direct lenders providing preferred equity financing to support sponsors and operating companies has only accelerated in the two years since we first wrote on the topic. Preferred equity instruments in general...more

Fenwick & West LLP

Convertible Debt Terms - Survey of Market Trends - 2018/2019

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In this report, we compile market data on convertible debt terms based on an analysis of over 100 issuer-side convertible debt transactions deals handled by Fenwick over the 15-month period from January 1, 2018 to March 31,...more

Bennett Jones LLP

Equity Kickers and the Criminal Rate of Interest: Part II

Bennett Jones LLP on

Private equity and alternate lenders often take a basket of rights when investing in an entity. The basket may include equity, options, warrants and/or debt. In the case of debt financing, lenders often negotiate equity...more

Fenwick & West LLP

Convertible Debt Terms – Survey of Market Trends 2017/2018

Fenwick & West LLP on

In this report, we compile market data on convertible debt terms based on an analysis of over 100 issuer-side convertible debt transactions handled by Fenwick over the 15-month period from Jan. 1, 2017 through March 31, 2018....more

WilmerHale

In Case You Missed It: Launch Links - December, 2016 #3

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Some interesting links we found across the web this week: 'Regtech' startups see more business in Trump era - Startups are beginning to react to the looming possibility of deregulation under the incoming...more

Buchalter

Technology Law Newsletter

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As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand...more

Latham & Watkins LLP

Private equity in Italy: market and regulatory overview

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How do private equity funds typically obtain their funding? Private equity funds continued to have a diverse investor base in 2015. Although with a significant decrease from the 2014 figure of 68%, about 48% of the...more

McCarter & English, LLP

KISS the SAFE Goodbye? Another Alternative for Start-up Financing

Only recently, we debated the merits of the SAFE (Simple Agreement for Future Equity), an alternative funding mechanism for early-stage companies designed to replace the industry-standard convertible note financing....more

Buchalter

Bank and Finance: The Equity Cure Provision—Saving Debt with Equity

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For many sponsor backed borrowers, and this would include technology companies which have raised at least one round of financing, the equity cure provides a lifeline which isn’t necessarily available to traditional borrowers....more

Foley & Lardner LLP

Why Start-Ups Use Convertible Debt Part III: The Virtues of Convertible Debt for a Start-Up

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Over the course of our “Why Start-Ups Use Convertible Debt” series, we’ve discussed the two common paths start-up companies take to structure a financing. In Part I, we discussed common stock financing and in Part II, we...more

Buchalter

Tech Industry Bulletin

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In this Bulletin: - Intellectual Property: Guidance to the Upstart Tech Company for Protecting IP Rights - Mergers & Acquisitions: Five Legal Issues Entrepreneurs Should Consider Before Agreeing To an Earn-Out...more

Buchalter

Types of Crowdfunding

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Philip Schroeder, Esq. discusses the types crowdfunding: • Donation Model Crowdfunding (e.g.) Kickstarter • Rewards Model Crowdfunding • Equity Crowdfuning o Sales to Accredited Investors...more

Foley & Lardner LLP

Is Your Baby Your Buyer’s Collateral?

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Even before dealing with the intricacies of nondisclosure agreements, employment offer letters, stock restriction agreements, and incentive plans, it is not unusual for founders to have already dreamt of an IPO or sale event....more

PilieroMazza PLLC

Strategic Tips for Approaching Lenders and How to Choose the Right One

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For those small businesses that are looking to obtain debt financing or to refinance existing debt, there are some strategic planning tips to consider in approaching and selecting a potential lender. ...more

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