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): May 9, 2006

BioMarin Pharmaceutical Inc.

(Exact name of registrant as specified in its charter)

Delaware	000-26727	68-0397820
(State or other jurisdiction of incorporation or organization)	(Commission File Number)	(IRS Employer Identification No.)

105 Digital Drive, Novato, California	94949
(Address of principal executive offices)	(Zip Code)

Registrant’s telephone number, including area code: (415) 506-6700

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 1.01 Entry into a Material Definitive Agreement

On May 10, 2005, BioMarin Pharmaceutical Inc. (the “Company”) entered into an Amendment No. 2 to Employment Agreement with Jean-Jacques Bienaimé, the Company’s Chief Executive Officer (the “Amendment”), amending the Employment Agreement by and between the Company and Mr. Bienaimé dated May 11, 2005, as previously amended December 15, 2005 (the “Agreement”). Pursuant to the Amendment, Mr. Bienaimé’s annual compensation was increased to $607,760 and Mr. Bienaimé was granted options to purchase 250,000 shares of the Company’s common stock, with an exercise price equal to the closing price of the stock on May 11, 2006. Future adjustments to Mr. Bienaimé’s compensation will be considered on the same cycle as applicable to other Company executives. The Amendment is filed herewith as Exhibit 10.1.

Item 1.02 Termination of a Material Definitive Agreement

On May 9, 2006, the Company terminated the Services Agreement with Groupe Novasep SAS and its affiliates Dynamit Nobel GmbH, Explosivstoff- und Systemtechnik, Finorga S.A.S., Novasep Inc. and Rohner AG (collectively, “Novasep”), for the supply of sapropterin hydrochloride (the “Product”), the active pharmaceutical ingredient in Phenoptin^TM (the “Services Agreement”). The termination was due to a breach of the Services Agreement by Novasep resulting from the sale by Novasep of the Pratteln, Switzerland facility that was producing the Product. The Company has sufficient safety stock of Product to meet its current clinical needs, has initiated production at an alternate site and has identified a number of alternate sites for production.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

Exhibit 10.1  –  Amendment No. 2 to Employment Agreement

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: May 12, 2006	By:	/s/ G. Eric Davis
		G. Eric Davis
		Vice President, General Counsel

EXHIBIT INDEX

Exhibit 10.1  – Amendment No. 2 to Employment Agreement

EX-10.1

Exhibit 10.1

AMENDMENT NO. 2 TO

EMPLOYMENT AGREEMENT

THIS AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT (the “Amendment”) made as of May 10, 2006 (“Effective Date”) by and between BioMarin Pharmaceutical Inc., a Delaware corporation (the “Company”) and Jean-Jacques Bienaimé (“Employee”).

1. This Amendment is intended to amend and modify that certain Employment Agreement by and between the Company and Employee dated May 11, 2005 as previously amended December 15, 2005 (the “Agreement”). The Agreement, together with this Amendment, shall constitute a single agreement. Capitalized terms not otherwise defined in this Amendment shall have the meaning ascribed to such terms in the Agreement. Except as expressly modified by this Amendment, the Agreement shall remaining full force and effect according to its terms.

2. Effective May 11, 2006, Employee’s Base Salary shall be increased to $607,760. per annum. The Base Salary shall be reviewed on the same schedule as is applicable to other Company executives and may be increased by action of the Board or appropriate Committee of the Board.

3. Effective on May 11, 2006, Employee shall be granted options to purchase 250,000 shares of Common Stock under the Company’s 1997 Stock Plan with an exercise price equal to the closing price per share of Common Stock as reported by Nasdaq on May 11, 2006 and will have the same vesting schedule typically used for grants to all Company executives and employees, namely, 4-year vesting with monthly vesting following an initial 6-month cliff. Such options shall be in lieu of the options to otherwise be granted to Employee for 2006 pursuant to Section 4(c)(ii) of the Agreement. The grant date for future options pursuant to Section 4(c)(ii) shall be the same date as options are generally granted to other BioMarin executives, provided that if no options are generally granted to BioMarin executives during any consecutive 5 month period between December and April, the grant date for Employee’s options shall continue to be May 11 of such respective year of employment.

4. The Agreement, as amended by this Amendment contains the sole and entire agreement of the parties and supersedes all prior agreements and understandings between the Employee and the Company and cannot be modified or changed by any oral or verbal promise or statement by whomsoever made; nor shall any written modification of it be binding upon the Company until such written modification shall have been approved in writing by the Board.

5. This Agreement may be executed and delivered (including by facsimile transmission) in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties to this Amendment have executed this Amendment as of the date first written above.

BIOMARIN PHARMACEUTICAL INC.		EMPLOYEE
By:	/s/ Pierre Lapalme	By:	/s/ Jean-Jacques Bienaimé
Name:	Pierre Lapalme	Name:	Jean-Jacques Bienaimé
Its:	Chairman of the Board of Directors