Option & Evaluation Agreements in Pharma and Biotech : Market Research Report

Option & Evaluation Agreements in Pharma and Biotech

Published: Mar. 1, 2009 - 399 Pages

Executive Summary
Chapter 1 - Introduction
Chapter 2 - Trends in option and evaluation dealmaking: 2.1. Introduction; 2.2. Difference between option and evaluation deals; 2.3. Trends in option/evaluation deals since 2000; 2.4. Co-promotion options; 2.5. Company acquisition options
Chapter 3 - Overview of option and evaluation deal structure: 3.1. Introduction; 3.2. Evaluation agreement structure; 3.3. Option agreement structure; 3.4. Option to acquire agreement structure
Chapter 4 - Leading option and evaluation deals: 4.1. Introduction; 4.2. Top partnering deals incorporated an option clause by value; 4.3. Bigpharma option deal activity
Chapter 5 - Bigpharma option and evaluation agreements: 5.1. Introduction; 5.2. How to use option/evaluation agreements; 5.3. Company option and evaluation agreement listings
Chapter 6 - Option and evaluation agreement directory 2003-8: 6.1. Introduction; 6.2. Company A-Z; 6.3. Deals by type; 6.4. Deals by stage; 6.2. Deals by therapy
Appendices: Appendix 1 - Option/evaluation references; Appendix 2 - Resources; Appendix 3 - Deal type definitions; Appendix 4 - Example M&A option contract document; Appendix 5 - Example option partnering contract document; About CurrentPartnering
TABLE OF FIGURES: Figure 1: Definition of option and evaluation; Figure 2: Types of option right; Figure 3: Trends in option/evaluation deal announcements, 2000-2008; Figure 4: Option/evaluation deals signed at each phase of development, 2000-2008; Figure 5: Example deals where co-promotion options have been actively exercised, since 2000; Figure 6: Recent ‘option to acquire’ deals; Figure 7: Components of the evaluation deal structure; Figure 8: Types of option in an agreement; Figure 9: Attributes of option terms:; Figure 10: Top 25 partnering deals incorporating an option/evaluation clause by value since 2000; Figure 11: Bigpharma - top 50 - option deals since 2003; Figure 12: Online partnering resources; Figure 13: Deal type definitions; Figure 14: Option for M&A agreement between Abbott Molecular - Isis Pharmaceuticals - Ibis Biosciences - January 2005; Figure 15: Option in partnering agreement between Array Biopharma - Celgene - September 2007

Abstract

The Option and Evaluation Agreements in Pharma and Biotech report provides comprehensive understanding and unprecedented access to the option and evaluation partnering agreements entered into by the worlds leading biopharma companies.

This report provides details of the latest option and evaluation agreements announced in the pharmaceutical and biotechnology sectors. Detailed and comprehensive, the report provides details of option and evaluation agreements from 2003 to end 2008.

The report provides a detailed understand and analysis of how and why companies enter option and evaluation deals. The majority of deals are option agreements whereby one party to the agreement obtains an option right from the other party.

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 - contract documents provide this insight where press releases and databases do not.

This report contains over 400 links to online copies of actual option and evaluation contract documents as submitted to the Securities Exchange Commission by pharma/biotech companies and their partners.

Contract documents provide the answers to numerous questions about a prospective partner’s flexibility on a wide range of important issues, many of which will have a significant impact on each party’s ability to derive value from the deal.

The initial chapters of this report provide an orientation of option and evaluation dealmaking and business activities. Chapter 1 provides a brief introduction to the report, whilst chapter 2 provides an analysis of the trends in option and evaluation as well as a discussion on the merits of each type of deal.

Chapter 3 provides an overview of the structure of option and evaluation deals. The chapter includes numerous case studies to enable understanding of both option and evaluation deals where partnering or acquisition is the primary focus of the agreement.

Chapter 4 provides a review of the leading option and evaluation deals since 2000. Deals are listed by headline value and most active bigpharma. 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 including option and evaluation frequency followed by a comprehensive listing of option and evaluation 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 option and evaluation agreement contracts available in the public domain, respectively. The chapter is organized by A-Z company name, option/evaluation type, therapy area and stage of development at signing. Each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand.

Key benefits

Option and Evaluation Agreements in Pharma and Biotech provides the reader with the following key benefits:

In-depth understanding of option and evaluation deal trends since 2000
Analysis of the structure of option and evaluation agreements with numerous real life case studies
Comprehensive access to over 400 actual option and evaluation contracts entered into by the world’s biopharma companies
Detailed access to actual option and evaluation contracts enter into by the leading fifty bigpharma companies
Insight into the terms included in a option and evaluation 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

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Option & Evaluation Agreements in Pharma and Biotech

Table of Contents

Abstract