0001193125-09-040972 Sample Contracts

BIOMARIN PHARMACEUTICAL INC. a Delaware corporation and MELLON INVESTOR SERVICES LLC a New Jersey limited liability company as Rights Agent AMENDED AND RESTATED RIGHTS AGREEMENT Dated as of February 27, 2009
Rights Agreement • February 27th, 2009 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • New York

Amended and Restated Rights Agreement (the “Agreement”), dated as of February 27, 2009, between BioMarin Pharmaceutical Inc., a Delaware corporation (the “Company”) and Mellon Investor Services LLC, a New Jersey limited liability company as Rights Agent (the “Rights Agent”).

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CONFIDENTIAL TREATMENT REQUESTED Redacted Portions are indicated by [****] LA JOLLA PHARMACEUTICAL COMPANY SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • February 27th, 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 AGREEMENT
Securities Purchase Agreement • February 27th, 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”).

CONFIDENTIAL TREATMENT REQUESTED Redacted Portions are indicated by [****] DEVELOPMENT AND COMMERCIALIZATION AGREEMENT
Development and Commercialization Agreement • February 27th, 2009 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • California

THIS DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (“Agreement”) dated as of January 4, 2009 (“Effective Date”), is entered into between La Jolla Pharmaceutical Company, a Delaware corporation having its principal place of business at 6455 Nancy Ridge Drive, San Diego, California 92121 (“La Jolla”) and BioMarin CF Limited, an Irish corporation having its registered place of business at 2 Earlsfort Terrace, Dublin 2, Ireland (“BioMarin CF”).

AMENDMENT NO. 1 TO DEVELOPMENT AND COMMERCIALIZATION AGREEMENT
Development and Commercialization Agreement • February 27th, 2009 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • California

THIS AMENDMENT NO. 1 (the “Amendment”), dated January 16, 2009, amends that certain Development and Commercialization Agreement, dated as of January 4, 2009 (the “Development Agreement”), by and between La Jolla Pharmaceutical Company, a Delaware corporation (the “Company”), and BioMarin CF Limited, an Irish corporation (“BioMarin CF”).

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