BIOMARIN PHARMACEUTICAL INC. (a Delaware corporation)Underwriting Agreement • October 11th, 2013 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • New York
hereinafter called, collectively, the “Securities.” The 2018 Notes and the 2018 Option Notes, if any, are to be issued pursuant to the supplemental indenture dated as of the Closing Time (as defined in Section 2(c) hereof) and related indenture dated as of October 15, 2013 (the “2018 Indenture”) between the Company and Wilmington Trust Company, as trustee (the “Trustee”). The 2020 Notes and the 2020 Option Notes, if any, are to be issued pursuant to the supplemental indenture dated as of the Closing Time and related indenture dated as of October 15, 2013 between the Company and the Trustee (the “2020 Indenture” and together with the 2018 Indenture, the “Indentures”). Securities issued in book-entry form will be issued to Cede & Co. as nominee of The Depository Trust Company (“DTC”) pursuant to a letter of representations (the “DTC Agreement”), between the Company and DTC.
