Biotech companies are always searching for new ways to fund the costly and uncertain process of drug development and product launch. Over the past several years, synthetic royalty and drug development financings have become an additional option for fundraising, as traditional equity markets have remained challenging. Covington & Burling’s third annual study tracks these deals from 2019 through 2024, and highlights how the market has developed.

One trend that stands out in the most recent data is the growing involvement of European biotech companies. In the past two years alone, more than one in five deals reviewed in the study involved European companies. This signals that the appeal of synthetic royalty and drug development financings is not limited to the U.S. market, even though the investors are primarily based in North America, and documentation typically governed by New York law.

The study goes beyond just the numbers, breaking down how these deals are structured and what protections are in place for both companies and investors (with brand new charts for this year’s study, showing how terms differ across deals and investors). It looks at everything from the use of security interests and return caps to the types of covenants and buy-out rights that are becoming standard. As deal sizes have grown, so too has the sophistication of these financings. For anyone interested in how biotech companies in Europe are funding innovation in today’s market, this report offers a detailed and practical look at the latest developments in synthetic royalty and drug development financings.

To view the full report, please click here.

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Photo of Peter Schwartz Peter Schwartz

Peter Schwartz leads the firm’s Finance practice and represents direct lenders, private equity firms and corporate borrowers in financing transactions.

He has over 25 years of experience structuring and negotiating debt financings. He also has extensive experience in M&A, private equity and venture…

Peter Schwartz leads the firm’s Finance practice and represents direct lenders, private equity firms and corporate borrowers in financing transactions.

He has over 25 years of experience structuring and negotiating debt financings. He also has extensive experience in M&A, private equity and venture capital, enabling him to provide clients with a broad perspective on their finance transactions.

Peter’s work covers a wide range of financial products, including senior secured, second lien and convertible loans, mezzanine debt, subordinated notes, preferred stock, and equity kickers. In addition to working on the origination of loans, he advises on debt restructurings and work-outs, forbearance arrangements, and public and private debt-for-equity exchanges.

He has worked on financings in a number of industries, including life sciences, healthcare, technology, consumer products and manufacturing. The life sciences work also includes the monetization of pharmaceutical royalty streams, which can be structured as financing or sale transactions.

Photo of Julian Wright Julian Wright

Julian Wright is special counsel in the firm’s Finance Practice Group. Working closely with colleagues in the firm’s Private Equity Practice Group, he regularly advises private equity firms and their portfolio companies on a broad range of finance transactions. His practice also encompasses…

Julian Wright is special counsel in the firm’s Finance Practice Group. Working closely with colleagues in the firm’s Private Equity Practice Group, he regularly advises private equity firms and their portfolio companies on a broad range of finance transactions. His practice also encompasses counseling private investment funds, public and private companies, and a range of other firm clients on their financing and other business needs across sectors as diverse as agriculture, food and beverage, life sciences, oil and gas, sports, and technology. Julian’s representative transactions include structuring and negotiating club, syndicated and direct lending facilities, secured and unsecured domestic and cross-border credit financings, asset-based facilities, convertible loans, fund-level financings, project financings, restructurings, and the monetization of pharmaceutical royalty streams.

Photo of Amy Toro Amy Toro

Amy Toro advises both pharmaceutical and biotechnology companies regarding biologics, pharmaceuticals and devices, including in the digital health space. Amy works on all types of life sciences transactions, including major collaborations, licensing arrangements, clinical trial agreements, supply and distribution agreements, product development funding…

Amy Toro advises both pharmaceutical and biotechnology companies regarding biologics, pharmaceuticals and devices, including in the digital health space. Amy works on all types of life sciences transactions, including major collaborations, licensing arrangements, clinical trial agreements, supply and distribution agreements, product development funding deals, and joint ventures and a variety of commercial agreements. She also works with her mergers and acquisition colleagues on product divestitures and asset transfers.

She received her J.D. from the Boalt Hall School of Law, University of California, Berkeley in 1994, and a Ph.D. in Jurisprudence and Social Policy in 2000.

Amy has clerked for the Hon. Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit from 1996 to 1997.  She has also served as a visiting professor of law at Northwestern University School of Law and at the University of California, Davis.

She is admitted to the California Bar.

Photo of Jennifer Uren Jennifer Uren

Jennifer Uren advises private investment funds, private equity firms and private and public companies in a variety of finance transactions, including direct, club and syndicated financings, many of which involve cross-border components. She also has experience in acquisition financing (for public and private…

Jennifer Uren advises private investment funds, private equity firms and private and public companies in a variety of finance transactions, including direct, club and syndicated financings, many of which involve cross-border components. She also has experience in acquisition financing (for public and private companies and private equity firms), second lien financing, asset-based facilities, debt capital market transactions and the monetization of pharmaceutical royalty streams.

Photo of Brent Little Brent Little

Brent Little helps clients structure and negotiate finance transactions and mergers and acquisitions and other strategic transactions. He has advised clients in a number of industries, including life sciences, healthcare, sports, technology, consumer products, and manufacturing.

Brent’s financing experience includes representing lenders, borrowers…

Brent Little helps clients structure and negotiate finance transactions and mergers and acquisitions and other strategic transactions. He has advised clients in a number of industries, including life sciences, healthcare, sports, technology, consumer products, and manufacturing.

Brent’s financing experience includes representing lenders, borrowers and investors in a variety of finance transactions, many of which involve cross-border components, including senior secured loans, second lien financings, mezzanine debt, subordinated notes, convertible notes, preferred stock, and structured financings. Additionally, he frequently advises sports teams and their related stadium companies in team and stadium financings and equity financings. Brent also advises private investment funds operating in the life sciences sector in secured debt, royalty and equity financings to pharmaceutical, medical device and healthcare companies.

Brent’s transactional experience includes advising buyers and sellers of major league sports franchises, as well as advising the leagues, teams, and clubs on their naming rights, sponsorships, and various other corporate transactions. He also represents private and public companies in secured and unsecured finance transactions, including acquisition financings.

Brent’s pro bono work has included advising nonprofit organizations in financing transactions, including an impact investing firm that makes loans to microfinance institutions and small and growing businesses. Brent has also advised a school for children with autism in licensing an instructional tool for students with social cognition challenges.