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3Ws of
Venture Investing
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Venture Financing Funnel
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Venture Financing:
Key Documents
VI.
PROPRIETARY RIGHTS
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General
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List and
details of any material
intellectual property rights registered or for which applications for
registration have been, including,
patents, licenses,
trademarks, trade
names, domain names,
copyrights and other intellectual property rights (including technology
transfers)
-
Particulars
of any license, royalty and other intellectual property agreements (where the
Company, any subsidiary or any joint venture involving the Company or any of its
subsidiaries is licensor or licensee)
-
List and
description of any pending or threatened claims for infringement or other
violations of proprietary rights owned or used in the business of the Company,
any subsidiary or any joint venture involving the Company or any of its
subsidiaries, including any challenges as to the validity, subsistence or
ownership of such rights
-
List and
description of any suspected or alleged infringement by third parties of
intellectual property rights owned by the Company, any subsidiary or any joint
venture involving the Company or any of its subsidiaries, or used in their
business
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Arrangements for the disclosure of confidential information (which includes
technical and commercial information and know-how which is not in the public
domain) either by or to the Company, any subsidiary or any joint venture
involving the Company or any of its subsidiaries
-
Details of
any agreements with employees and consultants regarding their use of the
confidential information of the Company, any subsidiary or any joint venture
involving the Company or any of its subsidiaries
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Agreements,
policies or other arrangements relating to proprietary rights of employees in
products of the Company, any subsidiary or any joint venture involving the
Company or any of its subsidiaries (including royalty or other fee arrangements)
VII.
PLANT, PROPERTY AND EQUIPMENT
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Real
Property
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Description, location and character of all real property owned
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Material
deeds, surveys and other real property title documents
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List of any
material real property mortgages which are not disclosed in most recent
financial statements
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List of all
leased real property, including descriptions, terms of leases, sale and
leaseback arrangements, options, annual costs, etc.
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Reporting
letters and opinions regarding the acquisition of any material real property
-
List of
title insurance policies
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Personal
Property
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Description, location and character of all personal property owned
-
List of all
material leased personal property, including descriptions, terms of leases,
options, annual costs, etc.
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Miscellaneous
-
Description
of facilities and plant, including listing of all material fixed assets and
accumulated depreciation
-
Any
available appraisals
VIII.
INSURANCE
-
List and
description of all material property, casualty, liability and other insurance
policies
-
Any
directors' and officers' liability insurance policies
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Description
of present reserves for, and all potential claims with respect to, any
self-insurance
-
History of
all insured claims including paid, reserved, and related expense amounts (first
dollar loss run)
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Loss runs
for workers' compensation and general liability
-
Loss
history for any self-insurance (first dollar loss run)
-
Loss
prevention/control recommendations made by insurers, brokers or consultants
IX.
SALES/MARKETING
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Description of the markets in which the Company, its subsidiaries or any
joint venture involving the Company or any of its subsidiaries operate,
identifying the type of customers and the size of the overall market (by
value)
-
Identify
any customers which account for more than 1% of annual sales of the Company,
its subsidiaries or any joint venture involving the Company or any of its
subsidiaries or, if there are more than ten such customers, the ten largest
customers
-
The
quarterly totals of sales
-
Details
of current sales order statistics available to management
-
Sales
comparison with the industry
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Copies
of standard sales correspondence, returns and allowance material together
with samples of all forms of purchase orders, invoices, warranty agreements,
guarantees, etc
-
Details
of pricing policies and fluctuations
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Copies
of all printed price lists
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Identification of principal competitors, a description of the basis of
competition and the strength and weaknesses of the principal competitors
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Indication of the relative size of the Company, its subsidiaries or any
joint venture involving the Company or any of its subsidiaries within the
industry. Details of trade associations relating to the business and
any company memberships
-
Details
of current advertising program (including copies of all promotional or other
material used or capable of use in connection with the business) and the
cost of the same and any other promotion programs
-
Details
of sales policies and methods of remuneration of sales personnel
-
The
policy on giving express product warranties and rights to customers to
refunds, exchanges or credits following a purchase and the value of refunds,
exchanges or credits given and warranty claims
-
List
the 10 largest suppliers
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Current
research and development plans and budgets
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Correspondence and other documents relating to negotiations with competitors
of the Company
-
Consultants', engineers' or management reports and marketing studies
relating to broad aspects of the business, operations or products
X.
MISCELLANEOUS
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Press
releases
-
Listing
and description of subsidiaries,
joint ventures,
partnerships, etc.
-
Description of any future acquisition or disposition plans
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Description of any future restructuring plans
-
Description of Company's information management system, including any future
changes planned.
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