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● RED FLAG CONTROL · PENALTY -25 · SEEN IN ~14% OF DEALS

Drag-Along Without Threshold

Investors can force you to sell the company without a meaningful approval threshold from common shareholders.

Why it matters

A drag-along clause exists for good reasons — it stops a small holder from blocking a real exit. But without a sensible trigger threshold (typically a majority of common, or a majority of the board including a founder), it lets the preferred stockholders alone force a sale on their timeline, at a price that may favour their preference structure over your common equity. Combined with a 2×+ preference, a drag can deliver the company to acquirers at a price where you walk away with zero.

How to negotiate

Require approval thresholds: majority of preferred AND majority of common AND board approval including at least one founder director. Add a minimum-price floor tied to the most recent valuation. The drag is acceptable when it is symmetric; it is dangerous when it is unilateral.

Example language

How this clause typically appears in a term sheet. Read it carefully — predatory language is often buried in routine paragraphs.

In the event the holders of a majority of the Preferred Stock approve a Sale of the Company, all other stockholders shall vote in favour of and shall not exercise any dissenters' rights with respect to such Sale.
A NOTE ON THIS GUIDANCE

TURNSHEET provides intelligence, not legal advice. This page describes typical market behaviour and common negotiation tactics; your specific deal may have nuances that change the analysis. Always review your term sheet with qualified legal counsel before signing.

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