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propter_hoclast Saturday at 6:13 PM2 repliesview on HN

That's exactly the approach. Seen many deals where the (remaining) founders get a big slice of new vesting options or reverse vesting shares as part of a recap or semi-distressed round.

Nothing illegal about it when the company needs the money, just one investor can write the terms they want, and the founders are on board with the plan.


Replies

RainyDayTmrwlast Saturday at 6:17 PM

I understand that, particularly in a down round, investors can push to get more. What I don't understand is what allows founders to get a side deal. It seems like that would go against fiduciary duty to common shareholders and earlier rounds.

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newsclueslast Saturday at 8:59 PM

But it sounds like the ford v dodge brothers cases that most abuse as an excuse for corporate profit maximization.

A company should not work to enrich some shareholders at the expense of others