AMENDMENT NO. 1
TO
DEVELOPMENT AND COMMERCIALIZATION AGREEMENT
THIS AMENDMENT NO. 1 (the “
Amendment ”), dated January 16, 2009, amends that
certain Development and Commercialization Agreement, dated as of
January 4, 2009 (the “ Development Agreement
”), by and between La Jolla Pharmaceutical Company, a
Delaware corporation (the “ Company ”), and
BioMarin CF Limited, an Irish corporation (“ BioMarin
CF ”).
A. WHEREAS, in connection with the
Development Agreement, the Company and BioMarin Pharmaceutical
Inc., a Delaware corporation (“ BioMarin
Pharmaceutical ”), entered into that certain Securities
Purchase Agreement, dated as of January 4, 2009 (the “
Securities Purchase Agreement ”);
B. WHEREAS, the Company and BioMarin
Pharmaceutic
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