Term Sheet Clause

Liquidation preference, explained

When a company exits, preferred shareholders get paid before common shareholders — but how much, and in what order, depends entirely on this clause. Here is how it actually plays out in a sale.

The basics


1x non-participating

The standard at seed stage today: the investor gets back the greater of (a) their original investment, or (b) what they would get by converting to common stock and taking their pro-rata share. They pick whichever is worth more — not both.

1x participating

Less common, more investor-favorable: the investor gets their money back first, then also participates alongside common shareholders in whatever is left over. Founders generally push back hard on this term.

Seniority and stacking

When a company has raised multiple rounds, later (more senior) investors are typically paid out before earlier ones, unless the term sheet specifies otherwise — this "stack" matters more the more rounds a company has raised.

A worked example

An angel invests $200,000 for a 1x non-participating preference at a $2,000,000 post-money valuation (10% ownership). Here is what they receive at three different exit values.

Exit valuePreference payoutAs-converted (10% of exit)Investor takes
$1,000,000$200,000$100,000$200,000 (preference)
$2,000,000$200,000$200,000$200,000 (either, equal)
$10,000,000$200,000$1,000,000$1,000,000 (converts)

Simplified — assumes one round of preferred stock and ignores fees, taxes and any other preference holders ahead in the stack.

What this means in practice


Below the original post-money valuation, the preference protects the investor from losing money on a mediocre exit — they get their capital back first, ahead of founders and common shareholders. Above it, the investor is better off converting to common and taking their percentage of the full exit value.

This is why 1x non-participating is considered a fair, standard term: it protects downside without capping upside, unlike a participating preference which does both — protects downside and adds extra upside, at the founders’ expense.

Frequently asked questions

Is a 1x preference standard, or can it be higher?
A higher multiple (2x, 3x) does happen but is unusual outside distressed or bridge financings — it means the investor gets 2–3x their money back before anyone else sees a cent, which is aggressive and a red flag if proposed at a normal seed round.
Does liquidation preference apply if the company just keeps growing and never sells?
No — it only applies at a liquidity event (acquisition, merger, or winding down). It has no effect on an ongoing, privately held company that has not had an exit or liquidation event.
How does this interact with multiple funding rounds?
Each round typically has its own preference stack, and later investors are usually senior to (paid before) earlier ones. See our cap tables guide for how to read the full ownership and preference picture across rounds.
Where does this fit in a term sheet overall?
It is one of several important clauses — see our full term sheets guide for the rest, including valuation, pro-rata rights and board terms.