-----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, WCsot4nKLBghf9QH70p0eP+XcI4uZteqiORo73KLwt2F6prm/BSGvNXKnViQCD/E uZpuEJS9MvFIlN2xiiFMtw== 0001193125-04-033885.txt : 20040303 0001193125-04-033885.hdr.sgml : 20040303 20040303165932 ACCESSION NUMBER: 0001193125-04-033885 CONFORMED SUBMISSION TYPE: POS AM PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20040303 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: POS AM SEC ACT: 1933 Act SEC FILE NUMBER: 333-72866 FILM NUMBER: 04646637 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 POS AM 1 dposam.htm POST EFFECTIVE AMENDMENT NO. 1 TO FORM S-3 Post Effective Amendment No. 1 to Form S-3

As filed with the Securities and Exchange Commission on March 3, 2004

 

Registration No. 333-72866

 


SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

POST EFFECTIVE AMENDMENT NO. 1 TO

FORM S-3

REGISTRATION STATEMENT

UNDER

THE SECURITIES ACT OF 1933

 

BioMarin Pharmaceutical Inc.

(Exact name of registrant as specified in its charter)

Delaware

(State or other jurisdiction of incorporation or organization)

 

68-0397820

(I.R.S. Employer Identification No.)

 

371 Bel Marin Keys Boulevard, Suite 210

Novato, California 94949

(415) 506-6700

(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)

 


 

Louis Drapeau

Vice President Finance, Secretary and Chief Financial Officer

BioMarin Pharmaceutical Inc.

371 Bel Marin Keys Boulevard, Suite 210

Novato, California 94949

(415) 506-6700

(Name, address, including zip code, and telephone number, including area code, of agent for service)

 


 

Copy to:

Siobhan McBreen Burke

Paul, Hastings, Janofsky & Walker LLP

515 South Flower Street, 25th Floor

Los Angeles, California 90071-2228

(213) 683-6000

 


 

Approximate date of commencement of proposed sale to the public: Not applicable.

 

If the only securities being registered on this form are being offered pursuant to dividend or interest reinvestment plans, please check the following box. ¨

 

If any of the securities being registered on this form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, other than securities offered only in connection with dividend or interest reinvestment plans, check the following box. ¨

 

If this form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, please check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ¨

 

If this form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ¨

 

If delivery of the prospectus is expected to be made pursuant to Rule 434 under the Securities Act, please check the following box. ¨


REMOVAL OF SECURITIES FROM REGISTRATION

 

We previously registered for resale, pursuant to the Registration Statement on Form S-3, as amended (Registration No. 333-72866), (the “Registration Statement”), 814,647 shares of our common stock, par value $0.001 per share, to be offered by the selling stockholders named in the Registration Statement. By filing this Post-Effective Amendment to the Registration Statement, we hereby remove from registration all of the shares of common stock registered pursuant to the Registration Statement that remain unsold as of the date hereof. The Registration Statement is hereby amended, as appropriate, to reflect the deregistration of such shares.


SIGNATURES

 

Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Post Effective Amendment No. 1 to Registration Statement on form S-3 to be signed on its behalf by the undersigned, thereunto duly authorized in the City of Novato, State of California, this 3rd day of March 2004.

 

BIOMARIN PHARMACEUTICAL INC.

By:

 

/s/    LOUIS DRAPEAU        


    Louis Drapeau
    Vice President Finance, Secretary and,
    Chief Financial Officer

 

Pursuant to the requirements of the Securities Act of 1933, this Post effective Amendment No. 1 to Registration Statement on Form S-3 has been signed by the following persons in the capacities and on the dates indicated:

 

Signature


 

Title


 

Date


/s/    FREDRIC D. PRICE        


Fredric D. Price

  Chairman, Chief Executive Officer and Director (Principal Executive Officer)   March 3, 2004

/s/    LOUIS DRAPEAU        


Louis Drapeau

  Vice President, Finance and Chief Financial Officer (Principal Financial and Accounting Officer)   March 3, 2004

/s/    FRANZ L. CRISTIANI        


Franz L. Cristiani

  Director   March 3, 2004

/s/    ELAINE HERON        


Elaine Heron, PhD

  Director   March 3, 2004

*


Erich Sager

  Director   March 3, 2004

*


Gwynn R. Williams

  Director   March 3, 2004

*By:

 

/s/    FREDRIC D. PRICE        


Fredric D. Price

Attorney-in-fact

       
-----END PRIVACY-ENHANCED MESSAGE-----