-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JG9y54QRsPj20jfZTmbdN0DYK6ioKXbNkyJZTW/y3tyUhBdb4v0PwY1uXrhoAKmg 6bOBlvdQGbfMH2thpCymGQ== 0001048477-03-000025.txt : 20030618 0001048477-03-000025.hdr.sgml : 20030618 20030617203502 ACCESSION NUMBER: 0001048477-03-000025 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030630 ITEM INFORMATION: Other events FILED AS OF DATE: 20030618 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BIOMARIN PHARMACEUTICAL INC CENTRAL INDEX KEY: 0001048477 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 680397820 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26727 FILM NUMBER: 03747990 BUSINESS ADDRESS: STREET 1: 371 BEL MARIN KEYS BLVD STREET 2: STE 210 CITY: NOVATO STATE: CA ZIP: 94949 BUSINESS PHONE: 4158846700 MAIL ADDRESS: STREET 1: 371 BEL MARIN KEYS BLVD STREET 2: STE 210 CITY: NOVATO STATE: CA ZIP: 94949 8-K 1 form8-k061703.txt FORM 8-K =============================================================================== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 17, 2003 BioMarin Pharmaceutical Inc. (Exact name of registrant as specified in its charter) Delaware 000-26727 68-0397820 (State or other jurisdiction of (Commission (IRS Employer incorporation or organization) File Number) Identification No.) 371 Bel Marin Keys Boulevard, Suite 210, Novato, California 94949 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (415) 884-6700 Not Applicable ----------------------------------------- (Former name or former address, if changed since last report) =============================================================================== Item 5. Other Events. On June 17, 2003, BioMarin Pharmaceutical Inc. (the "Registrant"), issued a press release announcing the pricing of the offering of $125 million of convertible subordinated notes in a private offering. The Registrant hereby incorporates by reference the press release issued on June 17, 2003, attached hereto as Exhibit 99.1. Item 7. Financial Statements, Pro Forma Financial Statements and Exhibits. (a) Financial Statements of Business Acquired. Not Applicable. (b) Pro Forma Financial Information. Not Applicable. (c) Exhibits. Exhibit 99.1 Press Release of the Registrant dated June 17, 2003. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. BioMarin Pharmaceutical Inc., a Delaware corporation Date: June 17, 2003 By: /s/ Louis Drapeau ----------------- Louis Drapeau Chief Financial Officer EXHIBIT INDEX Exhibit No. Description Exhibit 99.1 Press Release of the Registrant dated June 17, 2003. EX-99 3 pressrelease61703.txt EXHIBIT 99.1 Exhibit 99.1 NEWS Contacts: Joshua A. Grass Francesca DeVellis Manager, Investor Relations Vice President BioMarin Pharmaceutical Inc. Feinstein Kean Healthcare (415) 884-6777 (617) 761-6703 For Immediate Release: BioMarin Prices $125 Million Convertible Subordinated Notes Offering Novato, CA, June 17, 2003 - BioMarin Pharmaceutical Inc. (Nasdaq and SWX: BMRN) announced today that it agreed to place privately $125 million of Convertible Subordinated Notes (Notes) due 2008. The Notes will be convertible at the option of the holder into BioMarin common stock at a conversion price of approximately $14.01 per share, subject to adjustment in certain circumstances. The initial conversion price represents a 30.0 percent premium over the closing bid of BioMarin common stock on June 17, 2003, which was $10.78 per share. The Notes will bear interest at a rate of 3.5 percent per annum. The Company has granted the initial purchasers of the Notes a 30-day option to purchase an additional $25 million principal amount of the Notes. The holders of the Notes may require BioMarin to redeem their Notes upon the occurrence of certain events, and BioMarin may elect to redeem the Notes beginning June 20, 2006. The offering is being made by means of an offering memorandum to qualified institutional buyers pursuant to Rule 144A of the Securities Act of 1933, as amended. This press release shall not constitute an offer to sell or the solicitation of an offer to buy any of the securities described in this release. Neither the Notes nor the shares of BioMarin common stock issuable upon conversion of the Notes have been registered under U.S. or state securities laws, and may not be offered or sold in the United States absent registration or an applicable exemption from registration requirements. BioMarin specializes in the development and commercialization of therapeutic enzyme products to treat serious, life threatening diseases and conditions. This press release contains forward-looking statements about BioMarin Pharmaceutical Inc., including the possible offering of the securities described in this release, the timing of such offering and the pricing and other terms associated with such securities. These forward-looking statements are predictions and involve risks and uncertainties such that actual results may differ materially from these statements. Results may differ materially depending on the market price volatility of BioMarin's common stock and any possible governmental actions or other significant announcement affecting BioMarin's business in the future, and those factors detailed in BioMarin's filings with the Securities and Exchange Commission such as 10Q, 10K and 8K reports. Stockholders are urged not to place undue reliance on forward-looking statements, which speak only as of the date hereof. BioMarin is under no obligation, and expressly disclaims any obligation, to update or alter any forward-looking statement, whether as a result of new information, future events or otherwise. -----END PRIVACY-ENHANCED MESSAGE-----