BIOMARIN PHARMACEUTICAL INC

Rule 10b5-1 Trading Plans

During the three months ended June 30, 2024, none of our directors and officers (as defined in Rule 16a-1(f) under the Exchange Act)adopted orterminated any contracts, instructions or written plans for the purchase or sale of BioMarin securities. In addition, in Item 5 of Part II of our Quarterly Report on Form 10-Q for the quarter ended March 31, 2024, we inadvertently omitted the disclosure regarding the termination of the Rule 10b5-1 trading arrangement (as defined in Item 408(a) of Regulation S-K under the Exchange Act) by Henry J. Fuchs, M.D., President of Worldwide Research & Development, on March 5, 2024. Such Rule 10b5-1 trading arrangement, which details were previously disclosed in our Quarterly Report on Form 10-Q for the quarter ended September 30, 2023, was adopted on August 17, 2023 with an expiration date of November 15, 2024, and provided for the sale of up to 64,659 shares of our common stock.

Litigation

On April 4, 2024, Plaintiff Aaron Jones (“Plaintiff”), a purported stockholder of ours, filed a putative class action complaint (“Complaint”) in the Court of Chancery of the State of Delaware (“Court”) against the Company and the members of our Board of Directors, as well as Elliott Investment Management L.P., Elliott Associates, L.P., and Elliott International, L.P. (together, the “Elliott Parties” and collectively, the “Defendants”) under the caption Jones v. BioMarin Pharmaceutical, Inc., et al., C.A. No. 2024-0360-JTL (the “Action”). Plaintiff alleged that certain provisions in a Cooperation Agreement dated December 20, 2023 between the Company and the Elliott Parties, as defined and described in the Company’s prior Form 8-K, filed with the SEC on December 20, 2023, were invalid under Section 141(a) of the Delaware General Corporation Law insofar as they allegedly required the Company’s Board to (i) cap the size of the Board of Directors for a certain period of time (the “Board Size Provision”) and (ii) “recommend that the stockholders of the Company vote to elect” certain directors in connection with the Company’s 2024 annual meeting (the “Recommendation Provision”). The Defendants believe that the allegations of the Complaint were meritless, deny those allegations, and deny that any violation of applicable law has occurred. However, solely to minimize expenses and distraction and to avoid the uncertainty of any litigation, on April 11, 2024, the Elliott Parties executed a Waiver Letter, pursuant to which, among other things, the Elliott Parties irrevocably waived (i) any and all obligations of the Company pursuant to the Board Size Requirement and (ii) any and all obligations of the Company pursuant to the Recommendation Provision to the extent it is superseded by the Board’s fiduciary obligations under Delaware law.

On April 16, 2024, the parties entered into a proposed Stipulation and Order Dismissing the Action as Moot and Retaining Jurisdiction to Determine Plaintiff’s Counsel’s Application for an Award of Attorneys’ Fees and Expenses (the “Stipulation and Proposed Order”), pursuant to which the Court would retain jurisdiction regarding any application Plaintiff may make for an award of attorneys’ fees. The Court entered the Stipulation and Proposed Order the same day, and retained jurisdiction to approve a form of notice concerning attorneys’ fees payable to Plaintiff in connection with the Waiver Letter. The Company subsequently agreed to pay $600,000 in attorneys’ fees and expenses in full satisfaction of any and all claims by Plaintiff and all of his counsel for fees and expenses in the Action.

On August 1, 2024, the Court entered an order closing the Action, subject to the Company filing an affidavit with the Court confirming that this notice has been issued.

In entering the order, the Court was not asked to review, and did not pass judgment on, the payment of the attorneys’ fees and expenses or their reasonableness. Plaintiff’s counsel are Kurt M. Heyman and Aaron M. Nelson of Heyman Enerio Gattuso & Hirzel LLP, (302) 472-7300. Counsel to the Company and the Board of Directors is Blake Rohrbacher of Richards, Layton & Finger, P.A., (302) 651-7700. Counsel to the Elliott Parties is Michael A. Barlow of Quinn Emanuel Urquhart & Sullivan, LLP, (302) 302-4000.