BIOMARIN PHARMACEUTICAL INC. (a Delaware corporation) 6,500,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 1st, 2012 • Biomarin Pharmaceutical Inc • Pharmaceutical preparations • New York
We have acted as counsel to BioMarin Pharmaceutical Inc., a Delaware corporation (the “Company”), in connection with the issuance and sale by the Company of up to an aggregate of [—] shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”)[, including up to [—] shares of Common Stock that may be sold pursuant to the exercise of an over-allotment option], pursuant to the Underwriting Agreement (as defined below). This opinion letter is being delivered pursuant to Section[s] 5(b) [and 5(i)(ii)] of the Underwriting Agreement. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in the Underwriting Agreement.
