As filed with the Securities and Exchange Commission on February 24, 2004
Registration No. 333-48800
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST EFFECTIVE AMENDMENT NO. 4 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.) |
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, pursuant to the Registration Statement on Form S-3, as amended (Registration No. 333-48800), (the “Registration Statement”), 4,000,000 shares of our common stock, par value $0.001 per share. On August 16, 2001, by Post Effective Amendment No. 2 to the Registration Statement, we deregistered 1,500,000 shares registered under the Registrations Statement. Through the date hereof, a total of 2,110,010 shares have been sold pursuant to the Registration Statement. In September 2003, we voluntarily terminated our agreement with a third party investor related to the possible issuance of additional shares under the Registration Statement.
By filing this Post-Effective Amendment No. 4 to the Registration Statement, we hereby remove from registration 389,990 shares that were not sold under the Registration Statement prior to 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. 4 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 24th day of February 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. 4 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 | ||
| * | Chairman, Chief Executive Officer and Director (Principal Executive Officer) | February 24, 2004 | ||
| Fredric D. Price | ||||
| /S/ LOUIS DRAPEAU | Vice President, Finance and Chief Financial Officer (Principal Financial and Accounting Officer) | February 24, 2004 | ||
| Louis Drapeau | ||||
| * | Director | February 24, 2004 | ||
| Franz L. Cristiani | ||||
| * | Director | February 24, 2004 | ||
| Elaine Heron, PhD | ||||
| * | Director | February 24, 2004 | ||
| Erich Sager | ||||
| * | Director | February 24, 2004 | ||
| Vijay B. Samant | ||||
| * | Director | February 24, 2004 | ||
| Gwynn R. Williams | ||||
| * By: | /S/ LOUIS DRAPEAU | |
| Louis Drapeau Attorney-in-fact | ||