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      <title>Emerging Enterprise Center Blog - Legal terms that have no practicable application - Comments</title>
      <link>http://www.emergingenterprisecenterblog.com/</link>
      <description>Boston Startup Lawyers &amp; Attorneys for Venture Capital &amp; Financing Entrepreneurs</description>
      <language>en</language>
      <copyright>Copyright 2012</copyright>
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      <pubDate>Mon, 16 Apr 2012 03:58:02 -0500</pubDate>
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         <title>Mike Feinstein</title>
         <description><![CDATA[<p>Redemption may have been the wrong one to pick on.  I've seen one deal where the VC was redeemed out.  The company had a stable business and had built up a lot of profits over time.  It wanted to be acquired, but had no takers as it was in a small niche (which it dominated).  The redemption forced the company to either raise money from a new investor to pay out the original one (not very attractive), get acquired to make the whole problem go away, or pay cash out to the VC.  The VC ended up negotiating some modified payout terms (higher payout over a slightly longer period of time) in order to be company-friendly.  In the very long run, the company was sold.  Had the VC stayed in, they may have made a bit more.</p>

<p>I don't think redemption is worthless.  It's presence forces a company into action.  VCs are investors -- they aren't your friend.  They need a way out of a company where there is no other exit in sight.  Normally, redemption gets reset on each succeeding round of financing, restarting the clock.  But, venture investments have shelf-lives and born-on dates.  When they start to get stale (no new investment round and no exit in sight), VC's get itchy.  Note that a VC can voluntarily renegotiate the redemption if they believe that they can do better by waiting.  But, they hold the cards on this one.</p>

<p>Think of redemption as a vaccine.  The problem it solves isn't extinct.  It still exists, and redemption rights are the anti-bodies that fight the problem.</p>]]></description>
         <link>http://www.emergingenterprisecenterblog.com/deal-terms/legal-terms-that-have-no-practicable-application/#18782</link>
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         <category domain="http://www.emergingenterprisecenterblog.com/">Deal Terms</category>
         <pubDate>Fri, 14 Aug 2009 07:00:00 -0500</pubDate>
         <dc:creator>Dave Broadwin</dc:creator>
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