Raising capital and dealing with an aloof investor.... (long)

Sig

Experienced Member
Joined
25 September 2000
Messages
1,604
Location
Tyson's Corner, VA
Here's the situation:

I started a company with one partner almost two years ago that we incorporated to develop, own and operate franchised restaurants of one particular brand. We initially bought the develop rights to a defined territory that includes the Northwest suburbs of Baltimore, MD. To date we have opened one location and have two more in the works that will be complete by early summer of next year. So far, we have self-financed all the Maryland stuff.

Earlier this year, we took the opportunity to purchase another development territory in the Atlanta area. In addition, we brought on another partner who will be responsible for operating the stores in the new region. Unfortunately, my bankroll is not large enough to fund both regions simultaneously. As a result, we made the decision about 6 months ago to bring on outside investors to fund the growth. We worked with an expensive team of folks to pull together a sound financial model as well as produce/file the necessary legal documentation to properly issue an investment offering. A $900,000 offering was officially opened in August with a target close date of September 31, 2005. Min investment is 50k and a max of 900k. The funds will be allocated to the first 3 locations we open in the new territory and the investors will receive a profit sharing & equity stake in each of these 3 restaurants.

I have been talking with about 5 individuals who are very serious about contributing. Of these 5, I believe 3 will actually write a check. 2 of those 3 are smaller investors and the other is a potential major investor. He is the one that is giving me fits! Unfortunately, I need him at this point so I must push through the frustration. He is a very pleasant guy and very smart,which would make him a great fit. Except for one big problem, which is zero follow-through.

From the beginning he has made it clear that he is interested in writing a check for the full amount. In addition, has expressed a strong desire to fund anything additional we are doing after the first 3 restaurants are open. He is a relative of a good friend of mine, so I do know the guy is legitimate and has the type of money available to write checks of that size. However, he never returns my phone messages and fails to follow through on his own commitments to get back to me. When I do reach him, he can only talk for a few seconds and we can never dig in and address all issues. He does make sure to say that he still wants to do the deal though. As of today, I haven’t spoken with him in over a week. From the beginning, I always delivered the information he required in a timely fashion and provided additional things that he didn’t think to ask for. This process of calling, trying to make appointments, emailing without response has been playing out for over a month at this point. The only times we speak are when he happens to pick up the phone… which is maybe once per week. I have been very persistent at extending my hand to him daily, despite the fact that he has never called back even though he voluntarily says he will at the end of any conversation we’ve had. I have never asked for an apology or explanations for not returning messages, nor have I brought it up to make a point. The way I do business is generally through mutual respect, delivering on your commitments and living by your word. My background is sales and people like this particular investor generally fall into my ‘never going to buy, but always waste your time’ category. He knows the timeline and our desire to do a deal before Sept. 31. At this point, I would almost prefer that a new person would come along and make doing a deal with him unnecessary. Wouldn’t that be nice



Anyone have any good ideas on how to pursue this guy?
 
After he writes the check, will he be a silent partner or will he have say in business operations and such? If he will be involved after the check is cashed, then I don't know if I would want to work with someone like that. The money would not be worth the headache. Not following through on his end after the deal is done could cost you alot of money in the end. Just my .02 though.
 
Sig said:
I have been very persistent at extending my hand to him daily, despite the fact that he has never called back even though he voluntarily says he will at the end of any conversation we’ve had. I have never asked for an apology or explanations for not returning messages, nor have I brought it up to make a point. The way I do business is generally through mutual respect, delivering on your commitments and living by your word. My background is sales and people like this particular investor generally fall into my ‘never going to buy, but always waste your time’ category. He knows the timeline and our desire to do a deal before Sept. 31. At this point, I would almost prefer that a new person would come along and make doing a deal with him unnecessary. Wouldn’t that be nice

It honestly sounds like he's wasting your time. You need to lay it out straight to him and tell him you need him to commit or stop wasting your time. Otherwise move on but the fact that he hasn't returned your calls leads me to believe he's not truly interested in the opportunity.

Thanks for the story, that's very insightful for me because I'm making a foray into that business as well.
 
NsXMas said:
Keep at it.

Would you mind letting me of the detail of your business? I am starting to look at several businesses to buy / get into.

Good luck.


Don't mind at all. I can email you the business plan and investment overview document.
 
White92 said:
After he writes the check, will he be a silent partner or will he have say in business operations and such? If he will be involved after the check is cashed, then I don't know if I would want to work with someone like that. The money would not be worth the headache. Not following through on his end after the deal is done could cost you alot of money in the end. Just my .02 though.


The current offering is structured for silent investors. This fact has partly relieved some of my apprehension.
 
Sig said:
The current offering is structured for silent investors. This fact has partly relieved some of my apprehension.

In that case, I would just hold out until September 31 and see what happens then. Of course I'm not business man. Just a lowly insurance guy. :wink:
 
Hi Sig,

I am very interested in your business. I know exactly what it is...and I LOVE the food. I used to live in Bethesda and would drive to Annandale all the time just to eat there. AND...I happen to live in Atlanta right now so I may be able to provide some assistance in locations.

I emailed you a few months ago about the possibility of investing and never got a response...so I assumed you weren't looking for investors.

If you are still open to more investors, please email me at [email protected].

Thanks.
 
WeakestLink said:
Hi Sig,

I am very interested in your business. I know exactly what it is...and I LOVE the food. I used to live in Bethesda and would drive to Annandale all the time just to eat there. AND...I happen to live in Atlanta right now so I may be able to provide some assistance in locations.

I emailed you a few months ago about the possibility of investing and never got a response...so I assumed you weren't looking for investors.

If you are still open to more investors, please email me at [email protected].

Thanks.

Sending an email now:)
 
I agree with MailbuRapper. I would not spend any more time chasing that guy. I would simply present him with the paperwork for the investment opportunity, tell him the offer is on the table for x days, and in the absence of a response, the offer is null and void. Then move on to find another deep-pocket. Good luck.
 
Angel investors can be strange people. Usually they just want a large chunck of the interest in your company, and then sell it off after valuation increases. It also depends on the type of deal you're offering. 144 stock is a long term deal because of the lack of liquidity. If you're offering him a note, it depends on how competitive the rate is compared to other investments.

I was looking at buying a group of franchises for the past few months. It took me, and my accountant that long to determine we could get a better return on our investment. It also involved numerous meetings with the owners, reviewing their financials, business plans, market analysis, etc., etc..

Good luck.

Doug
 
i'm betting you're a pretty smart guy. i'm also betting you know that you need to listen to your experience-based gut wrt this guy. if he's really interested, he's positioning for better terms by dragging it out as long as possible.

what's your plan b without this investor?
 
Cairo94507 said:
Then move on to find another deep-pocket. Good luck.

In process now. As of Monday, I stopped reaching out to him each day. I figure my 7 messages that remain outstanding can serve as an adequate communication effort.
 
queenlives said:
i'm betting you're a pretty smart guy. i'm also betting you know that you need to listen to your experience-based gut wrt this guy. if he's really interested, he's positioning for better terms by dragging it out as long as possible.

what's your plan b without this investor?

My gutt feeling as well. Having gone through something similar.
Sig, do you have a backup, if this guy does not follow through? Maybe a loan at a higher interest rate or something less favorable that will only hurt original plans minimally? If the fast approaching deadline is not met, how much would it hamper your timelines and business overall?

Sorry , I was away from the computer and didn't see your answer to Queens question, which is basically mine... Okay I will go back to sleep.
 
Dtrigg said:
Angel investors can be strange people. Usually they just want a large chunck of the interest in your company, and then sell it off after valuation increases. It also depends on the type of deal you're offering. 144 stock is a long term deal because of the lack of liquidity. If you're offering him a note, it depends on how competitive the rate is compared to other investments.

I was looking at buying a group of franchises for the past few months. It took me, and my accountant that long to determine we could get a better return on our investment. It also involved numerous meetings with the owners, reviewing their financials, business plans, market analysis, etc., etc..

Good luck.

Doug

The deal is a 'stock' type deal, not a note. The investment is a subscription agreement for units of the holding company created to parent the 3 restaurants to be opened under the agreement. As you said, these securities do not have a liquid market, so those interested in the opportunity should desire annuity income versus just capital appreciation. The equity piece really only comes into play in a 'business sale' scenario. The units can change hands, but it is up to the holder to find their own buyer if they wish to sell their shares.

Ironically, the guy this story is referring to is primarily intersted in the annuity stream and does not really care much about the equity side of it. He definitely fit the profile of the ideal investor. Paper tiger I guess:)
 
queenlives said:
if he's really interested, he's positioning for better terms by dragging it out as long as possible.

what's your plan b without this investor?

You may be on to something.... I am waiting for him to drop some hints at what he may be looking for, although that would require him to call me back.

Plan B is to pursue other interested parties. You never know, perhaps this situation will create an opening for the right person or persons that will be the right fit.
 
Give him the boot. If he's this much of a pain in the ass without his money on the line.....just think of how much a pain he's going to be when you do have his money.

My fifty yen on the situation.
 
Sig,

This really brings back memories… Raising money is a tiresome and frustrating endeavor. Finding the right “Angel” for the initial seed investment is the key. In my experience Angels require much more attention than that of the VC’s, especially those that have not done deals in the past. Prior to Factor X, I also had the pain of trying to track down and secure many of these aloof investors for our software firm. Reflecting back, I can understand why. Many of these high net worth individuals have extremely busy schedules and are rarely in one place for a long period of time. I’ve heard everything from their admins, safaris, overseas, hunting, fishing, mountain climbing, etc. I think you have given him more than enough follow up and the ball is really in his court. If nothing happens, try one last time with a time bomb.

Having looked into this deal, in my opinion, it could be a fantastic opportunity for the right investor. For those on the West Coast, it is basically like investing in Fat Burger with hopes that it turns into an IN&OUT. The reviews and cult like following is very much the same, if not identical.

P.s Don’t be discouraged! When I was on the road show the score was at least 100 to 2. But once those two signed on we were finally able to focus on the business.
 
Is this Burger Barn? You know they use only 100% canola oil right? :smile:
 
Sig - I got your email a couple days ago, and tried to read the document. Unfortunately, I got a windows "error" and "Send error to Microsoft" pop-up, and I couldn't open the document, using Word 2000.

I tried the document on another PC today with Word XP and I still had issues with it. It seems the document may be corrupted.

Would you mind resending a copy to me?

Thanks.
 
Sig said:
No, it's not burger barn. Are they a regional chain out west?
haha Sorry. No that was just a dumb joke. Burger Barn was the franchise that the guy bought in the movie What's Eating Gilbert Grape.
 
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