Exhibit 10.1
August 10, 2001
Acqua Wellington North American Equities Fund, Ltd.
c/o Fortis Fund Services (Bahamas) Ltd.
Xxxxxxxx Xxxxxxxx Centre
Xxxx Xxx Xxxxxx, X.X. Xxx XX-0000
Nassau, Bahamas
Re: Termination of the Common Stock Purchase Agreement
dated January 26, 2001
Ladies and Gentlemen:
Reference is made to the Common Stock Purchase Agreement dated January
26, 2001 (the "Purchase Agreement"), by and between BioMarin Pharmaceutical Inc.
("BioMarin") and Acqua Wellington North American Equities Fund, Ltd.
(collectively, the "parties"). Pursuant to Section 7.1 of the Purchase
Agreement, the parties mutually agree to terminate the Purchase Agreement. Any
draw down issued under the Purchase Agreement which has not been settled in
accordance with the terms of the Purchase Agreement on or prior to the date
hereof is hereby terminated and shall be null and void. Notwithstanding anything
to the contrary contained herein, BioMarin shall have no liability under Section
9.1(b) of the Purchase Agreement in connection with the termination of the
Purchase Agreement pursuant hereto. The termination of the Purchase Agreement
will be effective as of the date of this letter.
Please indicate your acceptance of the foregoing by signing and
returning the enclosed extra copy of this letter agreement.
Very truly yours,
BIOMARIN PHARMACEUTICAL INC.
By: ________________________
Name: Xxxxxxx X. Xxxxxxxx
Title: Chief Operating Officer, Chief Financial Officer,
Secretary and Vice President Finance and Administration
The foregoing is agreed to and accepted this __ day of August 2001.
ACQUA WELLINGTON NORTH AMERICAN EQUITIES FUND, LTD.
By: _____________________________
Name: _____________________________
Title: _____________________________
