Turn the royalties you receive into money today
A royalty is a share of sales paid for the use of an invention: a 5% royalty on a product selling $200m a year pays the holder $10m a year. You can sell those future payments or borrow against them to pay for your next trial, launch or acquisition. We find asset managers and royalty funds for your royalty and prepare it for them. They pay you directly at closing.
Who we work with
- Biotech and pharma companiesWith a product licensed to a partner that pays a royalty on its sales.
- Other life sciences companiesIn vaccines, medtech, animal health, digital health, and crops and seeds.
- Universities, hospitals and research foundationsWith royalties on inventions they have licensed out.
What it offers, and what to weigh
- No new sharesThe money does not come from selling equity, so existing shareholders keep their stake.
- Control stays with youThere are no board seats, and usually none of the operating covenants that come with bank loans.
- You keep the productYou sell or borrow against the royalty payments, not the product or your licence.
- Sales risk can pass to the buyerIn a non-recourse sale, the buyer bears the loss if sales fall short.
- No fixed repayment schedulePayments follow the royalty itself, not a set timetable of principal and interest.
- FlexibleYou can sell all or part, one region only, payments up to a cap, or take the money in stages.
- Independent of equity marketsIt can be raised privately, including when share prices are low.
- Concentrated income turned into cashUniversities and hospitals can turn a single royalty into money for research or buildings now.
- UpsideYou give up future payments on the part you sell, including any growth above expectations.
- CostRoyalty financing can cost more than a bank loan.
- ProtectionsBuyers and lenders may ask for security over the royalty, or for repurchase rights if certain events occur.
- ConsentsThe licence must allow the royalty to be sold or pledged, and partners or existing lenders may need to agree.
- TaxTreatment varies, especially when the parties are in different countries.
Sources: L.E.K. Consulting, Debevoise & Plimpton, Bristows.
Four ways to raise money from royalties
The options can be combined, and each can cover all of a royalty, part of it or a single region.
Sell the royalty
Borrow against it
You keep ownership. A loan or note is secured on the royalty and repaid from its payments. It is often non-recourse: if the royalty falls short, the lender cannot claim the shortfall from you. This is typical when the note is issued through a separate company that holds only the royalty. Repayment is usually capped at a multiple of the amount lent, and the multiple can rise if repayment takes longer than agreed.
Often used by companies that want to keep the royalty once the loan is repaid. See Examples 1 and 3.
Raise a synthetic royalty
If you sell a product yourself, you can raise money in return for a small percentage of your own sales, usually until a set multiple of the amount funded has been paid. Covington reports a median of 2.0 times across synthetic royalty financings (source).
Often used by companies launching their own product, often at approval. See Example 1.
Bundle a smaller royalty
No royalty is too small. If yours cannot be financed on its own, we group it with others into a portfolio. You keep your own agreement and receive your own payment.
Often used by universities, hospitals and companies with smaller royalties. See Example 5.
What you can choose
- All of it, or part of it
- Sell the whole royalty, a share of it or only the payments up to a cap, after which the royalty comes back to you.
- One region only
- Sell the royalty on US, European or other sales and keep the rest.
- Milestones in or out
- Include future milestone payments in the deal, or keep some or all of them.
- Paid in stages
- Take the funding in instalments tied to trial results or approval: for example, part at signing, part on positive Phase 3 data and the rest after approval, drawn at your option.
- Option to buy back
- Buy the royalty back early at an agreed price.
Median cap in capped royalty sales: 2.13 times the price.
Five ways holders can use a royalty
All five examples are constructed. They do not describe actual companies or transactions, the figures are rounded, and real terms depend on the royalty, the product and the market.
How a company can fund its Phase 3 trial and launch from royalties
A listed biotech has its lead drug in Phase 3 and has kept the US rights. It already receives royalties on an older product sold by partners in Europe, and it has licensed the new drug to a partner in Japan for a future royalty. It raises money in three steps, so it needs to sell fewer new shares.
Constructed example.
Step 2 is paid only if the Phase 3 data are positive, and Step 3 only if the drug is approved in the US.
Repaid over about three years from the partners' royalty payments, which comfortably cover each repayment. Generics are not expected before the loan is repaid. The company keeps ownership of the royalty.
Paid once the Phase 3 data are positive, before approval. When the drug is launched in Japan, the partner pays the royalty as agreed, and half of it goes to investors.
Paid at US approval. In return, investors receive a small percentage of the company's own US sales until total payments reach about twice the amount funded.
Why it works in this order
- Steps 2 and 3 depend on the trial. If it fails, they are not funded and the royalties stay with the company, which still bears its deal costs and any agreed commitment fee.
- The first two steps use only royalties paid by partners, so the company keeps all of its own US sales until Step 3.
- The last step covers only what is still needed for the launch.
What to check first
- Whether existing lenders must consent.
- How long each royalty lasts, and when generics or patent expiry will cut it.
- Whether the partner's licence lets the royalty be sold or used as security.
Sell a royalty up to a cap
A biotech company receives a royalty from a partner on a product that is still growing. It sells the royalty with a cap: the buyer receives the payments only until it has been paid twice the price. In this example the cap is reached in 2036, the year the patent expires and the royalty falls to a lower rate. The remaining payments return to the company.
Constructed example.
Fund a second product without selling shares
A medtech company licensed a surgical device to a larger partner and receives a 5% royalty on about $200m of annual sales. Its patents run to 2035. It wants to build a sales team for its own second product and does not want to sell shares at today's price.
Constructed example.
How it works
The partner pays the royalty to the lender until the lender has received $32.5m. At current sales, that takes just over three years. The loan is structured as non-recourse: if sales fall, repayment takes longer, but the lender cannot ask the company for the shortfall.
What the holder keeps
Ownership of the royalty, and all of the payments once the cap is reached, for the remaining years of patent protection.
Raise money for an acquisition from half of the US royalty
An animal health company licensed a treatment for dogs to a global partner and receives an 8% royalty on about $250m of annual sales, or $20m a year. The US makes up 60% of sales, and the patents run to 2034. The company wants money to buy a smaller business.
Constructed example.
How it works
The buyer receives half of the US royalty until the patents expire. Nothing changes for the partner, which keeps paying as before. The company can buy that share back after three years at an agreed price.
What the holder keeps
The other half of the US royalty and all of the royalty from the rest of the world: about $14m of the $20m a year.
Finance a royalty that is too small on its own
A university hospital receives a 2% royalty on a diagnostic device with about $100m of annual sales, or $2m a year, for about eight more years. On its own, the royalty is too small for most asset managers and royalty funds.
Constructed example.
How it works
We group the royalty with four others of a similar size, from medtech and animal health, into one portfolio. Asset managers or royalty funds buy the portfolio as one deal of about $40m to $50m. Each holder signs its own agreement and is paid for its own royalty. The hospital shares the proceeds with its inventors under its own policy.
What the holder keeps
Its patents and its licence with the company that sells the device.
Royalty terms in plain words
- Royalty rate
- The percentage of sales paid to the holder, for example 5%.
- Net sales
- Sales after discounts, rebates and returns. The rate is applied to this figure.
- Tiers
- Different rates for different levels of annual sales, for example 5% on annual sales up to $500m and 7% on sales above that.
- Territory
- The countries the royalty covers. A royalty can be split and financed by region.
- Royalty term
- How long the royalty is paid. Usually set country by country, ending at the later of the expiry of the last valid patent claim, the end of regulatory exclusivity, or a set number of years after launch.
- Step-down
- A contractual cut in the rate, usually country by country, when no valid patent covers the product there or generics take a set share of sales.
- Milestones
- One-off payments when a product reaches a set point, such as approval or a sales target.
- Cap
- The total that the buyer or lender can receive, usually a multiple of the amount paid or lent, such as twice that amount. The multiple can rise if the cap is reached late. After the cap, the payments return to the holder, or a smaller tail continues.
- True sale
- The royalty passes to the buyer in law, so the holder's creditors cannot claim it if the holder becomes insolvent. The accounting can differ: many sellers still record the proceeds as a liability.
- Non-recourse
- If the royalty pays less than expected, the holder does not have to make up the shortfall.
- Synthetic royalty
- A royalty a company creates on its own sales and sells to raise money, often at approval.
How we work with you
- 01First conversation
You tell us about the royalty and what the money is for. We give you our view on whether it can be financed and in what form.
- 02Review
We review the licence, the payment history and the outlook for sales, and flag anything a buyer or lender will ask about.
- 03Prepare
We write a summary for investors covering the product, the terms and the risks.
- 04Introduce
We introduce you to asset managers and royalty funds. They agree terms with you directly and pay you at closing.
What to have ready
- The licence agreement and any amendments
- Royalty statements and the payments received
- Sales forecasts from you or your partner, if you have them
- Any existing loans or security over the royalty
A first conversation needs none of this. We sign a confidentiality agreement before you share documents.