Current Partnering’s comprehensive listing of terms used in business development.
When I use a word,’ Humpty Dumpty said in a rather scornful tone. ‘it means just what I choose it to mean – neither more nor less.’ Lewis Carroll, Through the Looking Glass
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A sale of rights to royalties for sale of the product which would have otherwise been due to the licensor, in return for a lump sum investment. The buyer of the royalty asset would assume right and title to receive the royalties due from the sales of the product under a pre-existing licensing agreement. This [...]
The term ‘big pharma’ can relate to the top 10 pharma companies or the top 50 companies. It more often than not refers to the top 50. This list is compiled each year by Pharm Exec and is usually released in May, for the previous financial year.
A hybrid method of acquiring a company by combining a tender offer with a merger. In the first step, the buyer initiates a tender offer to acquire a majority of the outstanding target company’s stock. In the second step, the buyer completes a back-end merger to acquire the balance of the target company’s stock. Usually, [...]
A hybrid method of acquiring a company by combining a tender offer with a merger. In the first step, the buyer initiates a tender offer to acquire a majority of the outstanding target company’s stock. In the second step, the buyer completes a back-end merger to acquire the balance of the target company’s stock. Usually, [...]
Acts as an insurance policy within an agreement. A warranty is a form of guarantee from one party to the other that the disclosures that have been declared are true and valid. A warranty clause will outline what has been disclosed, that the party insures it to be valid, and any penalties should a disclosure [...]
There are three traditional valuation methodologies utilized in determining the worth for a private company. They are: Discounted Cash Flow Market Approach Asset-Based Approach
Valuation is the process of estimating the market value of a financial asset or liability. Valuations can be done on assets (for example, investments in marketable securities such as stocks, options, business enterprises, or intangible assets such as patents and trademarks) or on liabilities (e.g., Bonds issued by a company). Valuations are required in many [...]
Trade Related Aspects of Intellectual Property Rights published by the WTO.
An outline summary outlining the proposed terms of a license arrangement. The termsheet would usually be agreed (but not as a binding agreement) by both parties and would be used as a briefing document for internal sign off and for lawyers drafting the full agreement.
Ability for one or more of the parties to put an end to the agreement. The clause provides the basis under which the contract may be terminated. Terminations may be for a number of reasons, but may not necessarily occur automatically. Instead, an event such as breach may provide the right but not necessarily the [...]
