AGREEMENTAgreement • June 6th, 2005 • Orbimed Advisors LLC • Pharmaceutical preparations • California
This 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.
JOINT FILING AGREEMENTJoint Filing Agreement • June 6th, 2005 • Orbimed Advisors LLC • Pharmaceutical preparations
The undersigned hereby agree that the Statement on this Schedule 13D/A, dated June 6, 2005 (the “Schedule 13D/A”), with respect to the Common Stock, par value $.001 per share, of BioMarin Pharmaceutical Inc. is filed on behalf of each of us pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities and Exchange Act of 1934, as amended, and that this Agreement shall be included as an Exhibit to this Schedule 13D/A. Each of the undersigned agrees to be responsible for the timely filing of the Schedule 13D/A, and for the completeness and accuracy of the information concerning itself contained therein. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
