Black out image in the Convertible Note Agreement Template

Aug 6th, 2022
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If a company raises money on a note and the company fails, the investors are creditors, getting money back prior to any shareholder and any creditor that doesnt have security or statutory preference. In almost every case, convertible note holders in these situations would be lucky to get pennies back on the dollar.
In theory, because they are debt, convertible notes must be paid back. But in practice, this is rarely the case. If a startup fails to raise a priced equity round before the maturity date, its highly unlikely it will have the funds needed to repay the note principal.
The typical maturity date for a convertible note is between 18 and 36 months. However, the company and the investor can negotiate the maturity date. If the company cannot raise additional funding before the maturity date, the investor may be able to convert the note to equity at a predetermined price.
Another risk of convertible promissory notes to a company is if a convertible note is not converted into equity before maturity, investors could demand that the note is repaid with principal and interest. This could potentially put the company into bankruptcy.
A Convertible Note is automatically cancelled on conversion or redemption in full and will not be re-issued.
To sum up, in order to convert a convertible note into cash, the holder must find an investor who is willing to purchase the note. Once the investor has paid off the loan, they will own the note. The investor can then convert the note into cash by selling it to another investor or holding onto it until it matures.

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