UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT PURSUANT TO
SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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Item 1.01 Entry Into a Material Definitive Agreement.
On May 10, 2023, Amicus Therapeutics, Inc. (the “Company”) and its subsidiary Amicus Therapeutics International Holding Ltd. (the “Borrower”) entered into an amendment (the “Second Amendment”) to the Loan Agreement, dated July 17, 2020, by and among the Company, the Borrower, Hayfin Services LLP, as agent (the “Agent”), and the lenders named therein (collectively, the “Lenders”), governing the Company’s $400 million senior secured term loan.
Pursuant to the terms of the Second Amendment, the Company, the Agent, and the Lenders agreed to replace the LIBOR-based interest rate applicable to borrowings under the Loan Agreement with a SOFR-based interest rate in advance of the cessation of LIBOR occurring on June 30, 2023.
A copy of the Second Amendment is filed with this Current Report on Form 8-K as Exhibit 10.1 and is incorporated herein by reference. The foregoing description of the Second Amendment is qualified in its entirety by reference thereto.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits:
| Exhibit No. | Description | |
| 10.1 | Amendment No. 2 to Loan Agreement, dated as of July 17, 2020, by and among Amicus Therapeutics International Holding Ltd, as Borrower, Amicus Therapeutics, Inc. as Parent and a Guarantor, certain subsidiaries of Parent as additional Guarantors, and Hayfin Services LLP as Agent for certain lenders | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
Signature Page
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.
| AMICUS THERAPEUTICS, INC. | |
| Date: May 12, 2023 | By: /s/ Ellen S. Rosenberg |
| Name: Ellen S. Rosenberg | |
| Title: Chief Legal Officer and Corporate Secretary |