AGREEMENTAgreement • June 1st, 2005 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • California
Contract Type FiledJune 1st, 2005 Company Industry JurisdictionThis Agreement, dated as of May 27, 2005 (this “Agreement”), by and among Caduceus Capital Master Fund Limited, Caduceus Capital II, L.P., OrbiMed Advisors LLC (“OrbiMed Advisors”) and OrbiMed Capital LLC (collectively, along with their respective Associates and Affiliates, as hereinafter defined, the “Caduceus Group”), and BioMarin Pharmaceutical Inc., a Delaware corporation (the “Company”), sets forth the parties’ agreement with respect to the nominees for director at the Company’s 2005 Annual Meeting of Stockholders (the “Annual Meeting”) and various other matters related thereto and described below.