Dror Futter’s Post

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Legal Counsel to Leadership Teams

"The now-defunct Austin accelerator had filed for bankruptcy amid employee and customer discontent. The court has since ordered the company to auction off the warrants it held in more than 1,000 of the startups that went through the accelerator program. Normally, private companies like startups have control over which investors are allowed to buy shares and the prices they pay. But the bankruptcy court, which works to restore creditors rather than equity holders, isn’t allowing Newchip’s startups to exert that kind of control. Instead, the auctions are ongoing, with the first tranche already sold and upcoming tranches expected to be sold this spring and summer." It is not news that accelerators vary widely in quality. What this incident highlights is that a bad choice (ok, a really bad choice) can actually be fatal to your venture. There are "fixes" to the warrant terms that could address the issues created by this accelerator bankruptcy, but the reality is that ventures entering accelerators rarely have the legal firepower or bargaining leverage to get those changes.

Dror Futter - useful post, thanks. Could a founder in this situation have open-sourced SW that was already developed and started over with a newco from their?

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Jim Cohen

Co-Founder and General Partner at Fitz Gate Ventures

10mo

Good content Dror!

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