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Deal Terms

Right of First Refusal

A contractual right giving a party the first opportunity to match any offer before shares can be sold to a third party.

Right of First Refusal (ROFR) gives existing shareholders or the company the right to match any offer that a selling shareholder receives from a third party. In venture, ROFRs are standard in investor rights agreements and company bylaws. When an employee or investor wants to sell shares, they must first offer them to ROFR holders at the same price and terms before completing a third-party sale.

In Practice

An employee wants to sell $200K of vested shares to a secondary buyer at $10/share. The company's ROFR gives it 30 days to purchase the shares at $10/share. If the company declines, existing investors get 15 days to exercise their ROFR.

Why It Matters

ROFRs help companies and investors control who enters the cap table. They can complicate secondary sales but protect against unwanted shareholders gaining positions.

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