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Product and Asset Purchase Agreements in Pharma, Biotech and Diagnostics
CurrentPartnering, Nov 2008, Pages: 277
The Product and Asset Purchase Agreements in Pharma, Biotech and Diagnostics report provides detailed understanding and analysis of how and why companies enter asset purchase deals.
The report provides a detailed understanding and analysis of how and why companies enter business, product, technology and royalty assets.
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.
The report focuses on four primary types of asset available for purchase:
-Business assets - the most common asset exchanging hands. Business assets are in the form of a business unit or subsidiary of a parent company. Common assets include territorial businesses or non-core businesses such as an OTC or diagnostics business, separate from the core business operations
-Product assets - in the form of marketed product, clinical phase development compound, or drug delivery-compound combination. These assets are commonly available as a result of a merger or change in direction of the selling company. The buyer acquires the asset for global or territorial exploitation. It is often the case that the acquiring company is normally a competitor to the seller, but in this situation the trade is of mutual benefit
-Royalty assets - where a specialist investment company acquires the rights to future royalty payments in return for payment of a lump sum payment to the licensor for the product
-Technology asset - where a buyer is acquiring a technology platform, research program, patent portfolio or other intellectual property asset. The acquisition is often due to the technology being surplus to a sellers interests, but may also be as a consequence of a sale of assets in advance of the seller entering liquidation
This report contains over 500 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 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 process.
Key benefits
Product and Asset Purchase Agreements in Pharma, Biotech and Diagnostics report provides the reader with the following key benefits:
-In-depth understanding of product and asset purchase deal trends since 2000
-Analysis of the structure of product and asset purchase agreements with numerous real life case studies
-Comprehensive access to over 500 actual product and asset purchase contracts entered into by the world’s biopharma companies*
-Detailed access to actual product and asset purchase contracts enter into by the leading fifty bigpharma companies*
-Insight into the payment and deal terms included in a product and 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
*Subject to being published via regulatory requirements of the Securities Exchange Commission.
Report scope
Product and Asset Purchase Agreements in Pharma, Biotech and Diagnostics is intended to provide the reader with an in-depth understanding of product and asset purchase trends and structure of deals entered into by leading biopharma companies worldwide.
Product and Asset Purchase Agreements in Pharma, Biotech and Diagnostics includes:
-Trends in product and asset purchase dealmaking in the biopharma industry since 2000
-Analysis of product and asset purchase deal structure
-Average payment terms for product and asset purchase deals
-Case studies of real-life product and asset purchase deals
-Access to over 1000 product and asset purchase contract documents
-The leading product and asset purchase deals by value since 2000
-Most active product and asset purchase dealmakers since 2000
-The leading product and asset purchase resources
In Product and Asset Purchase Agreements in Pharma, Biotech and Diagnostics, the available contracts are listed by:
-A-Z
-Headline value
-Asset type: business, product, technology, royalty
-Therapeutic area
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 Product and Asset Purchase Agreements in Pharma, Biotech and Diagnostics report provides comprehensive access to available contract documents for over 500 product and asset purchase deals.
Analyzing actual contract agreements allows assessment of the following:
-What are the precise rights granted?
-What is actually granted by the agreement to the acquiring company?
-What is the payment structure for the deal?
-How are sales and payments audited?
-How do the parties work together during transition?
-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?
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