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Clearly a startup should consult its lawyer before filing or not filing.But the attorneys I relied on to write this piece told me that they’ve done lots of Section 4(2) deals in the past, and would recommend it to clients who had relatively simple financing agreements (not tranched-out, not too many investors, etc.) Short answer: no.
Here’s an overview: Mitch Kapor: Kapor is founding partner of Kapor Capital , a firm that invests in seed and early stage startups. In 2006, Kapor founded Foxmarks, a popular Firefox Firefox add-on later renamed Xmarks Xmarks. Kapor Capital’s expansive portfolio includes Bit.ly Seedups Hi Jeremy.
Together this means that Seed stage companies need to run longer and at a higher expense structure, meaning they need to raise a lot more capital. In that presentation, I said that Seed is not the first round of financing any more and that K9’s investments were mostly “pre-seed”.
When we started at Udemy, in Turkey in 2006 and 2007, there was no funding available. That is a common experience we hear from outsiders that there's only two cultures of Silicon Valley, and when we get into the funding and financing of companies, that that's really where the bias can come in. We had to raise some seedcapital.
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