Meaning
A specific exit arrangement provides departing employees or founders with shares, accelerated vesting, or extended option exercise windows as part of their separation package. Incorporating equity severance into a termination agreement helps a company secure a smooth transition and maintain goodwill. The arrangement usually requires the departing individual to sign a release of claims to prevent future litigation.
Acceleration Mechanism
Vesting acceleration grants the departing executive immediate access to unvested shares that would otherwise be forfeited. Negotiating equity severance requires specifying whether this acceleration is single-trigger, occurring upon termination, or double-trigger, which requires a change of control. This clause can impact the company’s share pool available for future hires.
Litigation Shield
Securing a waiver of claims ensures the firm is protected from post-termination lawsuits. Offering equity severance motivates the departing party to execute these releases without delay. The agreement provides mutual protection for both parties.
Financial Cost
The dilution caused by granting shares or extending option exercise periods increases the overall equity burden on the company. Implementing equity severance reduces the shares available in the employee option pool and can complicate the cap table for future funding rounds. This dilution demands careful evaluation by the board of directors and consumes substantial hours of administrative planning.
Mismanaging these distributions can lead to conflicts with current shareholders who see their ownership diluted.