On 12 June 2015 Bristol-Myers-Squibb (‘BMS’), in connection with an exclusive strategic collaboration, acquired a 4.9% equity stake in uniQure N.V., listed on NASDAQ. BMS will take another 5.0% stake before 31 December 2015, and has been granted two warrants to acquire up to an additional 10% equity stake.
BMS paid over USD 37 million for the first 4.9% equity stake. The future equity purchases will be at the then current stock price plus a premium. Total payments to uniQure under the collaboration agreement may go up to USD 2.2 billion, depending on the success of the gene therapy products (amount excludes the equity investments).
Rutgers & Posch has advised uniQure on Dutch law, with Morgan Lewis & Bockius providing US law advice to the company. Kirkland & Ellis and Loyens & Loeff advised BMS on US and Dutch law, respectively.
The Rutgers & Posch team was led by Hendrik Jan Schimmel and further consisted of Robert ten Have, Henriette van Overklift and Franci van Helvoirt.