LA JOLLA PHARMACEUTICAL COMPANY SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 30th, 2009 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • California
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of January 4, 2009, is executed by and between La Jolla Pharmaceutical Company, a Delaware corporation (the “Company”), and BioMarin Pharmaceutical Inc., a Delaware corporation (the “Purchaser”).
AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 30th, 2009 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • California
THIS AMENDMENT NO. 1 (the “Amendment”), dated January 16, 2009, amends that certain Securities Purchase Agreement, dated as of January 4, 2009 (the “Agreement”), by and between La Jolla Pharmaceutical Company, a Delaware corporation (the “Company”), and BioMarin Pharmaceutical Inc., a Delaware corporation (the “Purchaser”).
BIOMARIN CF LIMITED Dominion HouseBiomarin Pharmaceutical Inc • January 30th, 2009 • Pharmaceutical preparations • California
BioMarin CF Limited, an Irish corporation (“BioMarin CF”), and La Jolla Pharmaceutical Company, a Delaware corporation (“La Jolla”), are parties to that certain Development and Commercialization Agreement (the “Development Agreement”) dated as of January 4, 2009 (as amended). BioMarin CF and La Jolla hereby delete the last sentence of Section 14.2.1 of the Development Agreement. Notwithstanding such amendment to the Development Agreement, BioMarin Pharmaceutical Inc., on behalf of itself and its Affiliates, shall vote or cause such Affiliates to vote any voting securities of La Jolla then held by it or them, as the case may be, on the record date applicable to any such specific vote referred to in the last sentence of Section 14.2.1 of the Development Agreement (after taking into account the provisions of this letter agreement) in favor of such proposal.
