0001193125-06-065334 Sample Contracts

BIOMARIN PHARMACEUTICAL INC. (a Delaware corporation)
Purchase Agreement • March 28th, 2006 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • New York

BioMarin Pharmaceutical Inc., a Delaware corporation (the “Company”), confirms its agreement with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch” or the “Underwriter”), with respect to (i) the sale by the Company and the purchase by the Underwriter of $150,000,000 aggregate principal amount of the Company’s 2.5% Senior Subordinated Convertible Notes due 2013 (the “Notes”), and (ii) the grant by the Company to the Underwriter of the option described in Section 2(b) hereof to purchase all or any part of an additional $22,500,000 aggregate principal amount of the Notes to cover overallotments, if any. The aforesaid $150,000,000 aggregate principal amount of the Notes (the “Initial Securities”) to be purchased by the Underwriter and all or any part of the $22,500,000 aggregate principal amount of the Notes subject to the option described in Section 2(b) hereof (the “Option Securities”) are hereinafter called, collectively, the “Securities.” The Secu

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