Defense wins championships! When closing a capital raise transaction, it’s easy to focus on the “offense” numbers like interest rate and amortization in debt deals and pre-money valuation and board seats in equity ones. While points on the board are always nice, making sure you are adequately protected in downside scenarios may be the difference between a ho-hum season and a deep playoff run.

Negotiating and/or clarifying certain intangibles prior to giving an investor exclusivity to conduct confirmatory diligence may:

  • Shed light on the kind of investment partner with whom you are taking the field
  • Save you from burning all your “time outs” during the legal documentation phase
  • Prevent a trick play from the opposing team when you’re least expecting it
Intrepid Market Update August 2025 web

 

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