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Illustration: Aïda Amer/Axios

WeWork last night made it official: SoftBank will pump $9.5 billion into the beleaguered company, including a $3 billion stock tender, $5 billion of new debt, and $1.5 billion that is being accelerated from an existing equity commitment.

The big picture: There's been lots of talk of how this mess will impact startup valuations, business models, and IPO opportunities. But far too little on how it should impact board oversight and founder control.

  • Remember, SoftBank had two directors on the WeWork board. But then decided, more than a year later, that it had to bring in Marcelo Claure to figure out what was really going on. What were those directors doing all this time?
  • The board either wasn't paying attention, or was paying attention but powerless to fix problems before it was too late. And, if the latter is true, then what was the point of having a board in the first place? Optics?

The state of play: Under the new deal, SoftBank will hold an 80% stake in WeWork on a fully-diluted basis, but apparently will not have a majority of votes on the to-be-expanded board. As such, SoftBank is claiming it does not control WeWork.

But, but, but: When I spoke to an internal WeWork spokesperson today, she directed most questions about future board structure, appointments, etc. to SoftBank.

  • The press release does not make any reference to the Adam Neumann payoff, perhaps to avoid rubbing further salt in employee wounds.
  • My understanding of the tender is that all company shareholders, including both employees and investors, can tender up to 33% of their shares at $19.19 each. Were more than $3 billion to be tendered, it's likely that the company would reduce payoffs on a pro rata basis.
  • That scenario could be impacted by how much Neumann himself tenders, as he's eligible to reap more than $900 million.

The bottom line: Venture capital has spent more than a decade bending over backwards to appease founders, often with positive results. But along the way they've too often abdicated fiduciary obligations to limited partners, believing that their job ends at "making the deal" and then "helping out when needed," such as with introductions to potential new hires.

  • Investors can be founder-friendly while still packing some emergency parachutes into term sheets. And if an entrepreneur objects to even the loosest of restraints, then maybe it's not a deal worth winning.

Go deeper: How SoftBank plans to save WeWork

Go deeper

Blockbuster Supreme Court day

Photo: Drew Angerer/Getty Images

The Supreme Court will give conservatives a lot of what they want — but not quite everything.

Driving the news: It voted 9-0 to carve out religious objections to same-sex marriage, saying foster-care agencies have a First Amendment right to turn away same-sex couples. But it also voted 7-2 to preserve the Affordable Care Act, saying Republican attorneys general did not have the legal standing to bring their lawsuit.

Biden signs bill making Juneteenth a federal holiday

President Biden and Vice President Harris with members of Congress after the signing in the White House on June 17. Photo: Jim Watson/AFP via Getty Images

"Great nations don't ignore their most painful moments," President Biden said before signing legislation Thursday that establishes Juneteenth as a federal holiday, just two days before the occasion.

Why it matters: The holiday, which will be known as Juneteenth National Independence Day, is now the 11th annual federal holiday and the first one established since the creation of Martin Luther King Jr. Day in 1983.

Dan Primack, author of Pro Rata
2 hours ago - Podcasts

House antitrust chair discusses the bills to bust up Big Tech

House lawmakers last week introduced a series of five bipartisan bills designed to curb the power of Big Tech, targeting Apple, Amazon, Facebook and Google in all but name.

Axios Re:Cap speaks with Rep. David Cicilline (D-R.I.), chair of the House antitrust committee and a sponsor on most of the bills, to learn how he plans to get these measures over the finish line. The congressman from Rhode Island also faces a slate of other priorities and in the wake of a spending package to bolster the U.S. tech sector’s ability to compete with China.