Asset Purchase Terms and Agreements in Pharma, Biotech and Diagnostics, 2nd edition

The Asset Purchase Terms and Agreements in Pharma, Biotech and Diagnostics report detailed understanding and analysis of how and why companies enter business, product, technology and royalty assets. The report provides a detailed understanding and analysis of how and why companies enter asset purchase deals. The focus of the report is on partnerships for business, product, technology and royalty assets where partners have entered an agreement to dispose of or acquire said assets. Companies may seek to dispose of an asset simply because it is surplus to requirements. Or it may seek to dispose of assets in order to raise funds to invest in others parts of its business. Or it may be due to a regulatory requirement to dispose of certain business or product assets as a result of a pending business merger in order to meet competition regulations. Understanding the flexibility of a prospective partner’s negotiated deals terms provides critical insight into the negotiation process in terms of what you can expect to achieve during the negotiation of terms. Whilst many smaller companies will be seeking details of the payments clauses, the devil is in the detail in terms of how payments are triggered and rights transferred - contract documents provide this insight where press releases and databases do not. This report contains over 600 links to online copies of actual asset purchase contract documents as submitted to the Securities Exchange Commission by biopharma companies and their partners. The initial chapters of this report provide an orientation of asset purchase dealmaking and business activities. Chapter 1 provides an introduction to the report, whilst chapter 2 provides an analysis of the trends in asset purchase dealmaking as well as a discussion on the merits and attributes of asset dealmaking. Chapter 3 provides an overview of the structure of asset purchase deal contracts. The chapter includes numerous case studies to enable understanding of asset purchase deals for business, product, technology and royalty assets. Chapter 4 provides a review of the leading asset purchase deals since 2000. Deals are listed by headline value, signed by bigpharma, most active bigpharma, and most active of all biopharma companies. Where the deal has an agreement contract published at the SEC a link provides online access to the contract. Chapter 5 provides a comprehensive listing of the top 50 bigpharma companies with a brief summary followed by a comprehensive listing of asset purchase contract documents available in the public domain. Each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand. Chapter 6 provides a comprehensive listing of all asset purchase agreement contracts since 2003 available in the public domain, respectively. Each chapter is organized by company A-Z, therapeutic area, and asset type: business, product, technology, royalty. Each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand. The report also includes numerous tables and figures that illustrate the trends and activities in asset purchase dealmaking. In conclusion, this report provides everything a prospective dealmaker needs to know about asset partnering, enabling thorough learning, education and due diligence prior and during the asset purchase dealmaking

Additional Information

Key benefits

Asset Purchase Terms and Agreements in Pharma, Biotech and Diagnostics provides the reader with the following key benefits:

• In-depth understanding of asset purchase deal trends since 2000
• Analysis of the structure of asset purchase agreements with numerous real life case studies
• Comprehensive access to over 600 actual asset purchase contracts entered into by the world’s biopharma companies
• Detailed access to actual asset purchase contracts enter into by the leading fifty bigpharma companies
• Insight into the terms included in a asset purchase agreement, together with real world clause examples
• Understand the key deal terms companies have agreed in previous deals
• Undertake due diligence to assess suitability of your proposed deal terms for partner companies

Report scope

Asset Purchase Terms and Agreements in Pharma, Biotech and Diagnostics is intended to provide the reader with an in-depth understanding of the asset purchase trends and structure of deals entered into by leading companies worldwide.

Asset Purchase Terms and Agreements in Pharma, Biotech and Diagnostics includes:

• Trends in asset purchase dealmaking in the biopharma industry since 2000
• Analysis of asset purchase deal structure
• Case studies of real-life asset purchase deals
• Access to over 600 asset purchase contract documents
• The leading asset purchase deals by value since 2000
• Most active asset purchase dealmakers since 2000
• The leading asset purchase partnering resources

In Asset Purchase Terms and Agreements in Pharma, Biotech and Diagnostics, the available contracts are listed by:

• Company A-Z
• Headline value
• Asset purchase type
• Specific therapy target

Each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand. The Asset Purchase Terms and Agreements in Pharma, Biotech and Diagnostics report provides comprehensive access to available contract documents for over 600 asset purchase deals. Analyzing actual contract agreements allows assessment of the following:

• What are the precise asset purchase rights granted or optioned?
• What is actually granted by the agreement to the partner company?
• What exclusivity is granted?
• What is the payment structure for the deal?
• How are sales and payments audited?
• What is the deal term?
• How are the key terms of the agreement defined?
• How are IPRs handled and owned?
• Who is responsible for commercialization?
• Who is responsible for development, supply, and manufacture?
• How is confidentiality and publication managed?
• How are disputes to be resolved?
• Under what conditions can the deal be terminated?
• What happens when there is a change of ownership?
• What sublicensing and subcontracting provisions have been agreed?
• Which boilerplate clauses does the company insist upon?
• Which boilerplate clauses appear to differ from partner to partner or deal type to deal type?
• Which jurisdiction does the company insist upon for agreement law?