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 1.02. Termination of a Material Definitive Agreement.
As previously reported in its Current Report on Form 8-K filed on October 2, 2023, Amicus Therapeutics, Inc. (the “Company”) entered into a Loan Agreement, dated October 2, 2023 (the “Loan Agreement”), by and among the Company, as the borrower, certain subsidiaries of the Company from time to time party thereto as guarantors, Blackstone Alternative Credit Advisors LP and Blackstone Life Sciences Advisors L.L.C., as the “Blackstone Representative,” and Wilmington Trust, National Association, as agent for certain lenders from time to time party thereto. In connection with the closing of the transactions contemplated by the Loan Agreement, the Company completed a voluntary prepayment of all outstanding obligations and paid the applicable prepayment premium, in the aggregate amount of $408,810,113, in each case pursuant to that certain Loan Agreement, dated July 17, 2020, by and among Amicus Therapeutics International Holding Ltd., the Company, certain subsidiaries of the Company, the lenders party thereto, and Hayfin Services LLP (the “Hayfin Loan Agreement”). The Hayfin Loan Agreement was accordingly terminated effective October 5, 2023.
A summary of the material terms of the Hayfin Loan Agreement is set forth in Item 1.01 of the Company’s Current Report on Form 8-K filed on July 17, 2020 and are incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits:
| Exhibit No. | Description |
| 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: October 5, 2023 | By: | /s/ Ellen S. Rosenberg |
| Name: Ellen S. Rosenberg | |
| Title: Chief Legal Officer and Corporate Secretary |