As filed with the Securities and Exchange Commission on September 27, 2005
Registration No. 333-102066
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 | 68-0397820 | |
| (State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
105 Digital Drive
Novato, California 94949
(415) 506-6700
(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)
G. Eric Davis
Vice President, Corporate Counsel
BioMarin Pharmaceutical Inc.
105 Digital Drive
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, pursuant to the Registration Statement on Form S-3 (Registration No. 333-102066), (the “Registration Statement”), as amended, common stock, par value $0.001 per share, with an aggregate public offering price not to exceed $150,000,000, to be offered from time to time in amounts, at prices, and on terms to be determined at the time of the offering. 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 27th day of September 2005.
| BIOMARIN PHARMACEUTICAL INC. | ||
| By: | /s/ G. Eric Davis | |
| G. Eric Davis | ||
| Vice President, Secretary and Corporate Counsel | ||
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/ Jean-Jacques Bienaimé Jean-Jacques Bienaimé |
Chief Executive Officer and Director (Principal Executive Officer) |
September 27, 2005 | ||
| /s/ Jeffrey H. Cooper Jeffrey H. Cooper |
Vice President and Chief Financial Officer (Principal Financial and Accounting Officer) |
September 27, 2005 | ||
| /s/ Franz L. Cristiani Franz L. Cristiani |
Director | September 27, 2005 | ||
| /s/ Elaine Heron Elaine Heron, PhD |
Director | September 27, 2005 | ||
| /s/ Joseph Klein, III Joseph Klein, III |
Director | September 27, 2005 | ||
| /s/ Pierre Lapalme Pierre Lapalme |
Director | September 27, 2005 | ||
| /s/ Alan J. Lewis Alan J. Lewis |
Director | September 27, 2005 | ||
| /s/ Erich Sager Erich Sager |
Director | September 27, 2005 | ||