Exhibit 1.3
FIRST AMENDMENT TO ENGAGEMENT LETTER
This First Amendment to Engagement Letter (this "Amendment") is entered
into this 3rd day of October, 2002, by and between REEDLAND CAPITAL PARTNERS, an
Institutional Division of Financial West Group ("Reedland"), and BIOMARIN
PHARMACEUTICAL INC. (the "Company").
W I T N E S S E T H :
Whereas, on August 15, 2001, the Company entered into that certain Engagement
Letter agreement with Reedland, a copy of which is attached hereto as Exhibit
"A" and incorporated herein by this reference (the "Engagement Letter"); and
Whereas, the Company and Reedland desire to amend the terms of the Engagement
Letter to extend the term of Reedland's engagement;
NOW, THEREFORE, in consideration of the above premises and the mutual covenants
contained herein, and intending to be legally bound, the parties hereto agree as
follows:
1. The first sentence of the third paragraph of page 1 of the Engagement
Letter shall be and is hereby deemed amended in its entirety to read as
follows:
"The term of Reedland's engagement (the "Engagement Period") as
placement agent for the offer and sale of the Common Stock to the
Investor will commence on the date of actual receipt by Reedland of an
executed copy of this Engagement Letter from the Company and, unless
extended pursuant to the further written agreement of the parties, will
expire upon the earlier of (i) twenty-six (26) months following the
execution of the Engagement Letter by the Company, or (ii) the date
that the Offering is terminated by the Company or the Investor."
2. All of the other terms and conditions of the Engagement Letter shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by the undersigned, thereto duly authorized, as of the date first above written.
REEDLAND CAPITAL PARTNERS BIOMARIN PHARMACEUTICAL INC.
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxx Xxxxxxx
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Xxxxxx X. Xxxxxxx Xxxxx Xxxxxxx
Senior Vice President Vice President, Finance,
Secretary and Chief Financial
Officer (Principal Financial
and Accounting Officer)