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Book Consultation
984-265-7800
Book Consultation
984-265-7800
Book Consultation
984-265-7800
Book Consultation
984-265-7800
In Foscoe, smart funding decisions fuel local job creation and long-term resilience. Our firm tailors investment agreements to protect founders’ vision while enabling scalable growth, balancing control, incentives, and information rights. Thoughtful structuring reduces disputes and accelerates value realization for both management teams and investors.
A comprehensive approach broadens the range of funding opportunities, while a clear risk management plan minimizes exposure. Investors gain confidence, founders retain strategic control, and portfolio companies can pursue ambitious growth with disciplined oversight.
Our team combines corporate law experience with a disciplined approach to capital raises, governance, and exits. We help startups, growth companies, and investors address risk, structure incentives, and accelerate value creation while ensuring compliance with state and federal requirements.
We work with founders and investors to tailor exit paths, including strategic sales, recapitalizations, or public offerings. Our role includes negotiating terms, coordinating tax and legal steps to protect value and safeguard relationships with customers, employees, and partners.
Private equity and venture capital are forms of investment that provide capital to businesses at different stages. Private equity typically targets established companies seeking growth or restructuring, while venture capital focuses on early-stage startups with high growth potential. Both strategies involve risk, governance, and incentives tied to performance. In Foscoe, experienced counsel helps navigate term sheets, protections, and exits, ensuring founders retain strategic control while investors realize value. Our team emphasizes clear communication, practical terms, and long-term partnerships that support sustainable success.
A term sheet outlines the key economic and control terms of a proposed investment. It is typically non-binding and serves as a framework for more detailed documents. The main areas include valuation, liquidation preferences, governance, and investor protections. Negotiation clarifies expectations, assigns milestones, and sets timelines. Founders and investors should focus on alignment of incentives and practical outcomes that support growth. A thoughtful term sheet reduces later disputes and accelerates the path to closing.
Ask about how proposed protections affect upside and exit opportunities, how governance will work in practice, and what happens if growth targets aren’t met. Understanding the mechanics helps you negotiate from a position of clarity. Request examples of term sheets and past outcomes to gauge consistency, feasibility, and alignment with long-term goals. Good counsel will translate complex language into actionable decisions that support your business.
Liquidation preference determines payout order if the company is sold or liquidated. It protects investors but can affect founders’ returns. Understanding the nuance helps you negotiate terms that are fair and market-appropriate. Review whether the preference is non-participating or participating and how multiple rounds interact. This clarity reduces surprises when a liquidity event occurs and supports sustainable growth for the business.
Governance rights determine who has control and oversight over major decisions. They include board seats, observer rights, veto rights on key actions, and reserved matters. Clear governance helps align expectations and avoids conflicts as the company evolves. Our counsel focuses on practical governance design that supports growth while protecting capital, ensuring decisions can be made efficiently and transparently as milestones and market conditions shift.
Exits are planned to maximize value for investors and founders. Common routes include strategic sales, secondary sales, or initial public offerings. Each path requires timing, regulatory readiness, and a clear transition plan. We help design the exit roadmap, align incentives, and coordinate tax and legal steps to protect value and safeguard relationships with customers, employees, and partners.
A cap table tracks ownership, option pools, and dilution across funding rounds. Effective management ensures accurate capitalization, supports governance, and informs decision-making around grants, exits, and investor expectations. We help organize records, model scenarios, and provide ongoing updates so founders and investors maintain clarity as the business grows.
In North Carolina, private equity transactions must consider securities rules, antitrust thresholds, and any industry-specific licensing requirements. Our firm coordinates with tax, compliance, and corporate teams to ensure filings are accurate and timely. We help you stay compliant while maintaining momentum in a competitive market.
Negotiations typically involve founders, key executives, investors, and legal counsel. Clear roles and responsibilities help manage expectations and prevent bottlenecks. Early alignment on goals and a shared timetable can dramatically improve deal speed and outcomes. We facilitate this collaboration with structured processes, transparent communication, and precise documentation to support productive, fair negotiations.
Value is created through strategic growth, operational improvements, and disciplined capital deployment. Investors provide capital, experience, and networks that accelerate product development, market access, and governance improvements. Founders benefit from capital as well as a roadmap for scaling the business. We help design the exit roadmap, align incentives, and coordinate tax and legal steps to protect value and safeguard relationships with customers, employees, and partners.
