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Deal Terms

What are drag-along rights?

Quick Answer

Drag-along rights allow majority shareholders (typically a combination of founders and investors) to force minority shareholders to join in the sale of a company, ensuring a clean exit without holdouts blocking the deal.

Detailed Answer

Drag-along rights are a standard term sheet provision that prevents minority shareholders from blocking a company sale that the majority approves.

How it works: 1. A buyer offers to acquire the company 2. If shareholders holding a specified majority (typically 50-67% of all shares, or a majority of each class) approve the sale 3. All remaining shareholders are "dragged along" — they must sell their shares on the same terms

Why drag-along exists: - **Buyer protection** — Acquirers want 100% of shares, not 85%. Holdouts can kill deals. - **Efficiency** — Prevents small shareholders from extracting premium prices or blocking transactions.

Key negotiation points: - **Threshold** — What percentage triggers drag-along? Higher thresholds protect minority holders. - **Price floor** — Some drag-along provisions require the sale price to exceed a minimum (e.g., 2x the liquidation preference) to prevent investors from dragging founders into a bad sale. - **Carve-outs** — Some provisions exempt founders or key employees from being dragged below certain prices.

Related concept: **Tag-along rights** are the opposite — they let minority shareholders JOIN a sale on the same terms, protecting them from being left behind.

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