AMICUS THERAPEUTICS, INC.

Regulatory Filings • May 12, 2023

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT PURSUANT TO

SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): May 10, 2023

AMICUS THERAPEUTICS, INC.

(Exact Name of Registrant as Specified in Its Charter)

Delaware	001-33497	71-0869350
(State
or Other Jurisdiction of Incorporation)	(Commission File
Number)	(I.R.S.
Employer Identification
No.)

3675 Market Street , Philadelphia , PA 19104

(Address of Principal Executive Offices, and Zip Code)

215 - 921-7600

Registrant’s Telephone Number, Including Area Code

(Former Name or Former Address, if Changed Since Last Report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

| Title
of each class | Trading
Symbol(s) | Name
of each exchange on which registered |
| --- | --- | --- |
| Common
Stock Par Value $0.01 | FOLD | NASDAQ |

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2). Emerging growth company ¨

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

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Item 1.01 Entry Into a Material Definitive Agreement.

On May 10, 2023, Amicus Therapeutics, Inc. (the “Company”) and its subsidiary Amicus Therapeutics International Holding Ltd. (the “Borrower”) entered into an amendment (the “Second Amendment”) to the Loan Agreement, dated July 17, 2020, by and among the Company, the Borrower, Hayfin Services LLP, as agent (the “Agent”), and the lenders named therein (collectively, the “Lenders”), governing the Company’s $400 million senior secured term loan.

Pursuant to the terms of the Second Amendment, the Company, the Agent, and the Lenders agreed to replace the LIBOR-based interest rate applicable to borrowings under the Loan Agreement with a SOFR-based interest rate in advance of the cessation of LIBOR occurring on June 30, 2023.

A copy of the Second Amendment is filed with this Current Report on Form 8-K as Exhibit 10.1 and is incorporated herein by reference. The foregoing description of the Second Amendment is qualified in its entirety by reference thereto.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits:

Exhibit No.	Description
10.1	Amendment No. 2 to Loan Agreement, dated as of July 17, 2020, by and among Amicus Therapeutics International Holding Ltd, as Borrower, Amicus Therapeutics, Inc. as Parent and a Guarantor, certain subsidiaries of Parent as additional Guarantors, and Hayfin Services LLP as Agent for certain lenders
104	Cover Page Interactive Data File (embedded within the Inline XBRL document)

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Signature Page

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.

	AMICUS THERAPEUTICS, INC.
Date: May 12, 2023	By: /s/ Ellen S. Rosenberg
	Name: Ellen S. Rosenberg
	Title: Chief Legal Officer and Corporate Secretary

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