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AMICUS THERAPEUTICS, INC.

Regulatory Filings Jan 9, 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): January 9, 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 2.02 – Results of Operations and Financial Condition.

On January 9, 2023, Amicus Therapeutics, Inc. (the “Company”) issued a press release announcing preliminary 2022 revenue and its 2023 strategic outlook, along with various business updates. A copy of the press release is attached hereto as Exhibit 99.1. As previously announced, the Company will also be presenting at the 41 st Annual J.P. Morgan Healthcare Conference on January 9 th , 2023. A copy of the presentation materials management will be using at the conference is also attached hereto as Exhibit 99.2. Both exhibits are incorporated herein by reference.

The information furnished pursuant to this Item 2.02, including Exhibits 99.1 and 99.2, shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “ Exchange Act ”), or otherwise subject to the liabilities of that section, and shall not be incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such filing.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits:

| Exhibit
No. | Description |
| --- | --- |
| 99.1 | Press
Release dated January 9, 2023 |
| 99.2 | Presentation
Materials – 41 st Annual J.P. Morgan Healthcare Conference |
| 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. — By: |
| --- |
| Name:
Ellen S. Rosenberg |
| Title:
Chief Legal Officer and Corporate Secretary |

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