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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
AMENDMENT NO. 1 TO
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): August 21, 2002
BioMarin Pharmaceutical Inc.
(Exact name of registrant as specified in its charter)
Delaware 000-26727 68-0397820
(State or other jurisdiction of (Commission (IRS Employer
incorporation or organization) File Number) Identification No.)
371 Bel Marin Keys Boulevard, Suite 210, Novato, California 94949
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (415) 884-6700
Not Applicable
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(Former name or former address, if changed since last report)
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BioMarin Pharmaceutical Inc. (the "Registrant") hereby amends Item 7 of its
Current Report on Form 8-K as filed with the Commission on August 26, 2002 to
include the financial statements and pro forma financial information set forth
below which was omitted from the previous filing pursuant to Items 7(a)(4) and
7(b)(2).
Item 7. Financial Statements, Pro Forma Financial Statements and Exhibits.
(a) Financial Statements of Business Acquired.
The audited financial statements of Glyko Biomedical Ltd.
("Glyko") as of December 31, 2001 are filed herewith as Exhibit
99.2 to this Report. Such financial statements were audited by
Arthur Andersen LLP. After reasonable efforts, the Registrant has
not been able to obtain the consent of Arthur Andersen LLP to the
incorporation by reference of its audit report dated February 21,
2002. Therefore, in reliance on Rule 437a promulgated under the
Securities Act of 1933, as amended (the "Securities Act"), the
Registrant has dispensed with the requirement to file the
reissued report of Arthur Andersen LLP with respect to these
financial statements.
The unaudited financial statements of Glyko as of and for the six
months ended June 30, 2002 are filed herewith as Exhibit 99.3 to
this Report.
(b) Pro Forma Financial Information.
The required unaudited pro forma consolidated financial
statements of the Registrant are filed herewith as Exhibit 99.4
to this Report.
(c) Exhibits.
2.1 Acquisition Agreement for a Plan of Arrangement, dated as of
February 6, 2002, among BioMarin Pharmaceutical Inc.,
BioMarin Acquisition (Nova Scotia) Company and Glyko
Biomedical Ltd., previously filed on April 1, 2002 as
Exhibit 2.5 to the Registrant's Form 10-K, which is
incorporated herein by reference.
2.2 Amending Agreement, dated as of May 16, 2002, among BioMarin
Pharmaceutical Inc., BioMarin Acquisition (Nova Scotia)
Company and Glyko Biomedical Ltd., previously filed on
August 26, 2002 as Exhibit 2.2 to the Registrant's Form 8-K,
which is incorporated herein by reference.
23.1 Statement Regarding Consent of Arthur Andersen LLP.
99.1 Press Release of the Registrant dated August 22, 2002,
previously filed on August 26, 2002 as Exhibit 99.1 to the
Registrant's Form 8-K, which is incorporated herein by
reference.
99.2 The audited financial statements of Glyko Biomedical Ltd. as
of and for the year ended December 31, 2001.
99.3 The unaudited financial statements of Glyko Biomedical Ltd.
as of and for the six month period ended June 30, 2002.
99.4 The unaudited pro forma consolidated financial statements of
BioMarin Pharmaceutical Inc. as of and for the six month
period ended June 30, 2002 and for the year ended December
31, 2001.
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: October 18, 2002 By: /s/
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Louis Drapeau
Chief Financial Officer, Vice President,
Finance and Secretary
EXHIBIT INDEX
Exhibit No. Description
2.1 Acquisition Agreement for a Plan of Arrangement, dated as of
February 6, 2002, by and among BioMarin Pharmaceutical Inc.,
BioMarin Acquisition (Nova Scotia) Company and Glyko
Biomedical Ltd., previously filed on April 1, 2002 as
Exhibit 2.5 to the Registrant's Form 10-K, which is
incorporated herein by reference.
2.2 Amending Agreement, dated as of May 16, 2002, by and among
BioMarin Pharmaceutical Inc., BioMarin Acquisition (Nova
Scotia) Company and Glyko Biomedical Ltd., previously filed
on August 26, 2002 as Exhibit 2.2 to the Registrant's Form
8-K, which is incorporated herein by reference.
23.1 Statement Regarding Consent of Arthur Andersen LLP.
99.1 Press Release of the Registrant dated August 22, 2002,
previously filed on August 26, 2002 as Exhibit 99.1 to the
Registrant's Form 8-K, which is incorporated herein by
reference.
99.2 The audited financial statements of Glyko Biomedical Ltd. as
of and for the year ended December 31, 2001.
99.3 The unaudited financial statements of Glyko Biomedical Ltd.
as of and for the six month period ended June 30, 2002.
99.4 The unaudited pro forma consolidated financial statements of
BioMarin Pharmaceutical Inc. as of and for the six month
period ended June 30, 2002 and for the year ended December
31, 2001.