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                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                                    FORM 10-Q

              (X)[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)
                     OF THE SECURITIES EXCHANGE ACT OF 1934
                 FOR THE QUARTERLY PERIOD ENDED: SEPTEMBER 30, 1998MARCH 31, 1999

                                       OR

              ( )[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 (d)15(d)
                     OF THE SECURITIES EXCHANGE ACT OF 1934
                  FOR THE TRANSITION PERIOD FROM _____ TO _____

                         COMMISSION FILE NUMBER: 0-21696

                           ARIAD PHARMACEUTICALS, INC.
             (Exact name of Registrant as specified in its charter)


            
DELAWARE 22-3106987 (State or other jurisdiction of (I.R.S. Employer Identification No.) incorporation or organization)
26 LANDSDOWNE STREET, CAMBRIDGE, MASSACHUSETTS 02139 (Address of principal executive offices)(Zip Code) REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE: (617) 494-0400 Former Name, Former Address and Former Fiscal Year, If Changed Since Last Report: Not Applicable Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15 (d)15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. YES X NO ---- -------- --- The number of shares of the Registrant's common stock outstanding as of November 5, 1998May 12, 1999 was 21,927,504. ================================================================================22,005,149. 2 ARIAD PHARMACEUTICALS, INC. TABLE OF CONTENTS -----------------
Page No. -------- PART I. FINANCIAL INFORMATION Page No. - ---- ------------------------ -------- ITEM 1. UNAUDITED FINANCIAL STATEMENTS: Condensed Consolidated Balance Sheets - September 30, 1998March 31, 1999 and December 31, 1997 ............................................1998 ........................................... 1 Condensed Consolidated Statements of Operations for the Three Months Ended March 31, 1999 and Nine Months Ended September 30, 1998 and 1997.......................... 2 Condensed Consolidated Statements of Cash Flows for the NineThree Months Ended September 30,March 31, 1999 and 1998 and 1997........................................... 3 Notes to Unaudited Condensed Consolidated Financial Statements....Statements .. 4 ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS...............................OPERATIONS ............................. 7 ITEM 3. QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK ...... 13 PART II. OTHER INFORMATION - --------------------------ITEM 2. CHANGES IN SECURITIES AND USE OF PROCEEDS ....................... 14 ITEM 5. OTHER INFORMATION ............................................... 14 ITEM 6. EXHIBITS AND REPORTS ON FORM 8-K.................................. 128-K ................................ 15
3 PART I. FINANCIAL INFORMATION ITEM 1. UNAUDITED FINANCIAL STATEMENTS ARIAD PHARMACEUTICALS, INC. AND SUBSIDIARIES CONDENSED CONSOLIDATED BALANCE SHEETS (UNAUDITED) ASSETS
SEPTEMBER 30,MARCH 31, DECEMBER 31, 1999 1998 1997 ------------ ------------------------ ------------- Current assets: Cash and cash equivalents $ 4,516,564 $13,858,9109,271,390 $ 6,501,648 Marketable securities 10,403,886 15,500,547 Prepaid expenses, inventory6,598,294 7,674,488 Inventory and other assets 2,491,120 758,463 ----------- -----------1,788,945 2,018,846 Due from Genomics Center 394,401 332,571 ------------- ------------- Total current assets 17,411,570 30,117,920 ----------- -----------18,053,030 16,527,553 ------------- ------------- Property and equipment: Leasehold improvements 12,540,585 12,350,10012,560,210 12,555,301 Equipment and furniture 4,416,803 5,549,127 ----------- -----------4,546,463 4,438,399 ------------- ------------- Total 16,957,388 17,899,22717,106,673 16,993,700 Less accumulated depreciation and amortization 8,324,505 6,459,857 ----------- -----------9,562,690 8,944,027 ------------- ------------- Property and equipment, net 8,632,883 11,439,370 ----------- -----------7,543,983 8,049,673 ------------- ------------- Investment in Genomics Center 1,891,031 1,418,864 ----------- -----------2,501,438 1,902,129 ------------- ------------- Intangible and other assets, net 4,212,068 4,433,022 ----------- -----------4,052,164 4,306,585 ------------- ------------- Total $32,147,552 $47,409,176 =========== ===========$ 32,150,615 $ 30,785,940 ============= ============= LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Current portion of long-term debt $ 1,849,5361,758,770 $ 1,816,5831,861,021 Accounts payable 2,954,042 3,299,1683,354,719 3,322,439 Accrued liabilities 2,925,793 2,849,3532,429,883 2,042,641 Advance from Genomics Center 1,345,845 2,502,9213,621,091 3,162,463 Deferred revenue 611,115 3,111,114 ----------- -----------333,333 333,333 ------------- ------------- Total current liabilities 9,686,331 13,579,139 ----------- -----------11,497,796 10,721,897 ------------- ------------- Long-term debt 3,764,796 5,156,219 ----------- ----------- Deferred revenue 300,000 ------------2,936,442 3,295,139 ------------- ------------- Redeemable convertible preferred stock, at liquidation value 5,097,260 5,035,616 ------------- ------------- Stockholders' equity: Series B convertible preferred stock, $.01 par value; authorized, 5,000,000 shares; issued and outstanding, 3,004,436 shares in 1999 and 2,526,316 shares in 1998 and 1997 (liquidation preference, $24,000,000) 25,263$29,747,000) 30,044 25,263 Common stock, $.001 par value; authorized, 60,000,000 shares; issued and outstanding, 21,920,40221,992,880 shares in 1999 and 21,938,754 shares in 1998 and 19,308,605 shares in 1997 21,920 19,30921,993 21,939 Additional paid-in capital 104,299,743 94,833,479 Net unrealized gain (loss) on marketable securities 9,942 (47,572)110,243,346 104,360,924 Accumulated other comprehensive loss (45,070) (34,381) Accumulated deficit (85,660,443) (66,456,661) ----------- -----------(97,631,196) (92,640,457) ------------- ------------- Stockholders' equity 18,696,425 28,373,818 ----------- -----------12,619,117 11,733,288 ------------- ------------- Total $32,147,552 $47,409,176 =========== ===========$ 32,150,615 $ 30,785,940 ============= =============
See notes to unaudited condensed consolidated financial statements. 1 4 ARIAD PHARMACEUTICALS, INC. AND SUBSIDIARIES CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (UNAUDITED)
THREE MONTHS ENDED NINE MONTHS ENDED SEPTEMBER 30, SEPTEMBER 30, ----------------------------- ------------------------------MARCH 31, -------------------------------- 1999 1998 1997 1998 1997 ----------- ------------ ------------ ----------- Revenue: Research revenue (principally related parties) $ 3,658,8014,582,897 $ 2,235,806 $ 9,733,270 $ 6,698,3482,846,586 Interest income 220,925 511,237 829,672 1,329,167 ----------- -----------172,891 313,045 ------------ ----------------------- Total revenue 3,879,726 2,747,043 10,562,942 8,027,515 ----------- -----------4,755,788 3,159,631 ------------ ----------------------- Operating expenses: Research and development 10,661,808 4,666,954 27,387,451 13,197,1828,510,816 7,735,955 General and administrative 629,581 591,869 2,005,630 2,075,751730,247 699,029 Interest expense 115,519 152,676 373,643 264,189 ----------- -----------105,781 130,582 ------------ ----------------------- Total operating expenses 11,406,908 5,411,499 29,766,724 15,537,122 ----------- -----------9,346,844 8,565,566 Equity in net loss of Genomics Center 338,039 ------------ ----------------------- Net loss $(7,527,182) $(2,664,456) $(19,203,782) $(7,509,607) =========== =========== ============ ===========(4,929,095) (5,405,935) ------------ ------------ Preferred stock dividends 61,644 ------------ ------------ Net loss attributable to common stockholders $ (4,990,739) $ (5,405,935) ============ ============ Net loss per common share (basic and diluted) $ (.34)(.23) $ (.14) $ (.93) $ (.39) =========== ===========(.28) ============ ======================= Weighted average number of shares of common stock outstanding 21,886,079 19,297,504 20,645,620 19,235,91821,963,809 19,317,955
See notes to unaudited condensed consolidated financial statements. 2 5 ARIAD PHARMACEUTICALS, INC. AND SUBSIDIARIES CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS (UNAUDITED)
NINETHREE MONTHS ENDED SEPTEMBER 30, -------------------------------MARCH 31, -------------------------------- 1999 1998 1997 ------------ ------------ Cash flows from operating activities: Net loss $(19,203,782) $ (7,509,607)(4,929,095) $ (5,405,935) Adjustments to reconcile net loss to net cash used in operating activities: Depreciation and amortization 2,556,336 1,813,7291,096,830 842,336 Deferred revenue (2,799,999) (2,499,999)(833,333) Stock-based compensation 50,529 52,72618,346 19,773 Increase (decrease) from: Prepaid expenses, inventoryInventory and other current assets (1,732,657) (523,487) Accounts receivable - related party 2,000,000229,901 (1,047,442) Due from Genomics Center (61,830) Other assets 138,123 (311,094)117,110 (9,910) Accounts payable (345,126) 2,407,27432,280 (402,802) Accrued liabilities 76,440 253,072387,242 (1,036,208) Advance from Genomics Center (1,157,076) 2,103,163458,628 459,534 ------------ ------------ Net cash used in operating activities (22,417,212) (2,214,223)(2,650,588) (7,413,987) ------------ ------------ Cash flows from investing activities: Acquisitions of marketable securities (14,042,569) (23,881,266)(3,625,867) Proceeds from sales and maturities of marketable securities 19,104,065 13,277,9401,044,000 5,201,488 Investment in Genomics Center (4,320,652) (1,255,836)(2,655,369) (1,186,020) Return of investment in Genomics Center 3,819,0251,920,936 956,253 Investment in property and equipment, net (1,486,036) (7,109,953) Acquisitions(188,377) (1,109,613) Acquisition of licensed technology and patents (486,717) (1,939,704)intangible assets (184,229) (252,547) ------------ ------------ Net cash provided by (used in)used in investing activities 2,587,116 (20,908,819)(63,039) (16,306) ------------ ------------ Cash flows from financing activities: Proceeds from issuance of common stock, net of issuance costs 9,226,060 Proceeds from issuance of series B preferred stock 24,000,0005,747,000 Repayment of borrowings (1,358,470) (1,328,296) Proceeds from borrowings 6,000,000(460,948) (450,208) Proceeds from sale/leaseback of equipment 2,427,875 1,148,02675,404 1,425,209 Proceeds from exerciseissuance of stock options 192,285 183,068pursuant to stock option and purchase plans 121,913 77,949 ------------ ------------ Net cash provided by financing activities 10,487,750 30,002,7985,483,369 1,052,950 ------------ ------------ Net (decrease) increase in cash and equivalents (9,342,346) 6,879,7562,769,742 (6,377,343) Cash and equivalents, beginning of period 6,501,648 13,858,910 2,906,851 ------------ ------------ Cash and equivalents, end of period $ 4,516,5649,271,390 $ 9,786,6077,481,567 ============ ============
See notes to unaudited condensed consolidated financial statements. 3 6 ARIAD PHARMACEUTICALS, INC. AND SUBSIDIARIES NOTES TO UNAUDITED CONDENSED CONSOLIDATED FINANCIAL STATEMENTS 1. MANAGEMENT STATEMENTManagement Statement In the opinion of the Company's management, the accompanying unaudited condensed consolidated financial statements contain all adjustments (consisting of only normal recurring accruals) necessary to present fairly the financial position as of September 30, 1998 and DecemberMarch 31, 19971999 and the results of operations for the three-month and nine-month periods ended September 30,March 31, 1999 and 1998. These financial statements should be read in conjunction with the Company's Annual Report on Form 10-K for the year ended December 31, 1998, which includes consolidated financial statements and 1997.notes thereto for the years ended December 31, 1998, 1997 and 1996. The results of operations for the three-month and nine-month periodsperiod ended September 30, 1998March 31, 1999 are not necessarily indicative of the results to be expected for the full year. 2. MARKETABLE SECURITIESMarketable Securities The Company has classified its marketable securities as available for sale and, accordingly, carries such securities at aggregate fair value. At September 30, 1998March 31, 1999 and December 31, 1997,1998, the Company's marketable securities consisted of the following:
Aggregate Amortized Gross Unrealized 19981999 Fair Value Cost Basis Gains Losses - --------------- ----------- ----------- ---------- --------- U.S. Government obligations $ 301,486574,034 $ 300,061602,311 $ 2,084 $ (659)(28,277) Corporate debt securities 10,102,400 10,093,883 27,987 (19,470)6,024,260 6,041,253 $ 1,813 (18,606) ----------- ----------- ---------- -------------------- ----------- Total $10,403,886 $10,393,944 $ 30,0716,598,294 $ (20,129)6,643,364 $ 1,813 $ (46,883) =========== =========== ========== ========= 1997 - ----=========== =========== 1998 U.S. Government obligations $ 2,974,292583,720 $ 3,006,012603,222 $ (31,720)(19,502) Corporate debt securities 12,526,255 12,542,1077,090,768 7,105,647 $ 2,680 (18,532)3,772 (18,651) ----------- ----------- ---------- -------------------- ----------- Total $15,500,547 $15,548,119 $ 2,6807,674,488 $ (50,252)7,708,869 $ 3,772 $ (38,153) =========== =========== ========== ====================
At September 30, 1998,March 31, 1999, approximately $9,319,000$5,625,000 of investments in marketable securities had contractual maturities of one year or less. Realized gains and losses on sales of marketable securities were not material during the quarter ended September 30, 1998;March 31, 1999; the net unrealized gainloss of $9,942$45,070 is included in stockholders' equity. At September 30, 1998, marketable securities amounting to $5,824,000 were pledged through November 12, 1998 to secure the principal amounts of the Company's bank term note and capital lease obligation with its principal bank. As a result of pledging these securities, under the terms of the agreement, the interest rate on the note was adjusted downward to 90-day LIBOR plus 1.25% from prime plus 1%. 3. INVENTORY Inventories are carried at cost using the first-in, first-out method and are charged to research and development expense when consumed. Inventory consisted of bulk pharmaceutical material to be 4 7 used for multiple preclinical and clinical drug development programs and amounted to $892,000 at September 30, 1998. 4. NET LOSS PER SHARENet Loss Per Share Net loss per share amounts have been computed based on the weighted average number of shares outstanding during each period. Because of the net loss reported in each period, diluted and basic per share amounts are the same. 5. HOECHST-ARIAD GENOMICS CENTER,4 7 4. Hoechst-ARIAD Genomics Center, LLC In March 1997, the Company entered into an agreement which established a 50/50 joint venture with Hoechst Marion Roussel, Inc. ("HMR") to pursue functional genomics with the goal of identifying genes that encode novel therapeutic proteins and small-molecule drug targets (the "1997 HMR Genomics Agreement"). The joint venture, named the Hoechst-ARIAD Genomics Center, LLC (the "Genomics Center"), is located at the Company's research facilities in Cambridge, Massachusetts. Under the terms of the 1997 HMR Genomics Agreement, the Company and HMR agreed to commit $85,000,000 to the establishment of the Genomics Center and its first five years of operation. The Company and HMR agreed to jointly fund $78,500,000 of operating and related costs, and ARIAD agreed to invest up to $6,500,000 in leasehold improvements and equipment for use by ARIAD in conducting research on behalf of the Genomics Center. From the formation of the Genomics Center through March 31, 1999, the Company has invested $6,500,000 in leasehold improvements and equipment and funded $11,494,000 in operating and related costs. HMR committed to provide ARIAD with capital adequate to fund ARIAD's share of such costs through the purchase of up to $49,000,000 of ARIAD series B convertible preferred stock over the five-year period, including an initial investment of $24,000,000, which was completed in March 1997. From the formation1997 and a subsequent investment of the Genomics Center through September 30, 1998, the Company invested $6,500,000$5,747,000 which was completed in leasehold improvements and equipment and funded $7,146,000 in operating and related costs.January 1999. Should ARIAD and HMR determine that the Genomics Center requires funds in excess of those committed, ARIAD may fund its share of the excess through a loan facility made available by HMR. Funds borrowed by ARIAD pursuant to such loan facility, if any, will bear interest at the ninety (90) day LIBOR rate plus 0.25% and are repayable by June 30, 2003 in cash or series B convertible preferred stock, at the Company's option. The Company also entered into agreements with the Genomics Center to provide research and administrative services (the "Services Agreements") to the Genomics Center on a cost reimbursement basis. ARIAD's costs of providing the research and administrative services to the Genomics Center are charged to research and development expense and general and administrative expense in the condensed consolidated financial statements. Under the Services Agreements, ARIAD bills the Genomics Center for 100% of its costs of providing the research and administrative services; however, because ARIAD is providing 50% of the funding of the Genomics Center, ARIAD recognizes as revenue only 50% of the billings to the Genomics Center. The remaining 50% is accounted for as a return of ARIAD's investment in the Genomics Center. Under the Services Agreements, the Company bills the Genomics Center in advance for the next quarter's projected services. At March 31, 1999, the balance sheet advance amount of $3,621,091 represents the projected amount for the second quarter of 1999. Revenue recognized pursuant to the Services Agreements amounted to $3,717,000$1,583,000 and $696,000$956,000 for the nine monthsquarters ended September 30,March 31, 1999 and 1998, and 1997, respectively. The Genomics Center had total assets of $3,671,000$5,832,000 and $2,969,000 at September 30,March 31, 1999 and 1998 respectively, and incurred a net loss of $8,073,000$3,836,000 and $1,377,000$1,913,000 for the nine monthsquarter ended September 30,March 31, 1999 and 1998 and 1997, respectively. 6. STOCKHOLDERS' EQUITY On May 11, 1998, the Company completed a private placement of 2,537,500 shares of common stock to a group of institutional investors at a price of $4.00 per share and received net proceeds of approximately $9,200,000 after deducting selling commissions and offering expenses. The shares were registered under the Securities Act of 1933, as amended. 5 8 7. NEW ACCOUNTING PRONOUNCEMENTSThe major components of the Genomics Center's financial position and results of operations are as follows:
MARCH 31, DECEMBER 31, 1999 1998 ----------- ----------- Advance to ARIAD $ 3,621,000 $ 3,162,000 Other assets 2,211,000 804,000 ----------- ----------- Total assets $ 5,832,000 $ 3,966,000 =========== =========== Total liabilities-due to ARIAD $ 791,000 $ 400,000 Equity 5,041,000 3,566,000 ----------- ----------- Total liabilities and equity $ 5,832,000 $ 3,966,000 =========== ===========
THREE MONTHS ENDED MARCH 31, ---------------------------- 1999 1998 ------------ ------------ Revenues $ - $ - Operating expenses: ARIAD 3,166,000 1,913,000 Other 670,000 - ------------ ------------ Net Loss $ (3,836,000) $ (1,913,000) ============ ============ ARIAD's 50% share of net loss $ (1,918,000) $ (956,000) Elimination of intercompany transactions 1,580,000 956,000 ------------ ------------ ARIAD's equity in the net (loss) of Genomics Center $ (338,000) $ - ============ ============
5. Comprehensive Net Loss Effective January 1, 1998, the Company adopted SFAS No. 130, Reporting Comprehensive Income, which requires businesses to disclose comprehensive income and its components in their general-purpose financial statements. In accordance with SFAS No. 130, the comprehensive loss for the nine months ended September 30, 1998first quarter of 1999 would include the net unrealized gainloss on marketable securities of $57,514,$10,689 for the three months ended March 31, 1999 resulting in a comprehensive loss of $19,146,268. SFAS No. 131, Disclosures about Segments$5,001,428. 6. Accounting Change In April 1998, the American Institute of an Enterprise and Related Information,Certified Public Accountants issued Statement of Position ("SOP") 98-5, Reporting on the Cost of Start-Up Activities, which redefines how operating segments are determined and requires disclosure of certain financial and descriptive information about a company's operating segments,will require that all organizational costs will be effective for the Company's financial statements for the year ending December 31, 1998.expensed as incurred. The Company has not yet completed its analysisadopted this SOP effective January 1, 1999 and recorded charges of whether operating segment reporting will be required.$364,000 to research and development expenses. 6 9 7. New Accounting Pronouncements In June 1998, the Financial Accounting Standards Board issued SFAS No. 133, Accounting for Derivative Instruments and Hedging Activities, effective for fiscal years beginning after June 15, 1999. The new standard requires that all companies record derivatives on the balance sheet as assets or liabilities, measured at fair value. Gains or losses resulting from changes in the values of those derivatives would be accounted for depending on the use of the derivative and whether it qualifies for hedge accounting. Management is currently assessing the impact of SFAS No. 133 on the consolidated financial statements of the Company. The Company will adopt this accounting standard on January 1, 2000, as required. 8. SUBSEQUENT EVENT On November 12, 1998, the Company announced that it had completed a private placement of 5,000 shares of Series C Convertible Preferred Stock ("Series C Stock") to a group of institutional investors (the "Investors") and received proceeds of approximately $5,000,000. Each share of Series C Stock has a stated value of $1,000, plus an accrual amount equal to 5% per annum, and is convertible into common stock of the Company beginning on a date approximately three months after the initial closing, subject to acceleration in certain instances (the "Convertibility Date") at a conversion price equal to the lower of a variable conversion price (the "Variable Price") or a maximum conversion price (the "Maximum Price"). Subject to certain adjustments, the Variable Price for any given conversion will be based on the average of the four lowest closing bid prices for the common stock during the 22 trading days preceding the date of conversion. Subject to certain adjustments, the Maximum Price for all conversions will be 120% of the Variable Price at a date to be selected by the Company on or prior to the Convertibility Date. Under the Securities Purchase Agreement, dated as of November 9, 1998, between the Company and the Investors (the "Purchase Agreement"), subject to certain conditions and limitations, the Company will be required to sell and the Investors will be required to purchase an additional aggregate of up to 5,000 shares of Series C Stock no later than the Convertibility Date. Also under the Purchase Agreement, the Investors will have the right, commencing approximately seven months after the Convertibility Date, to purchase one additional share of Series C Stock for each share then held by such Investor and each share that had been converted prior to such time at the Maximum Price, if any, up to an aggregate of 10,000 shares of Series C Stock. The Purchase Agreement further provides that, during a six-month period commencing approximately seven months after the Convertibility Date and subject to certain conditions, the Company will have the right to require the Investors to purchase up to an aggregate of 5,000 additional shares of Series C Stock. Under certain circumstances and at certain prices, the Company may elect to redeem any shares of Series C Stock that are presented for conversion. The offer and sale of the Series C Stock was made pursuant to Regulation D of the Securities Act of 1933, as amended (the "Act"), and was therefore exempt from registration under the Act. The Company has agreed to register for resale the shares of common stock issuable upon conversion of the Series C Stock. 6 9 ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS OVERVIEW ARIAD Pharmaceuticals, Inc. (the "Company" or "ARIAD") is engaged inThe Company focuses on the discovery and development of novel orally administered pharmaceuticalsand proprietary drugs based on signal transduction technology.its understanding of the inner-workings of cells and the genes involved in disease. The Company has developed a product based on its gene regulation technology to treat graft-versus-host disease, a complication of bone marrow transplantation involving an attack by a patient's immune system on healthy tissue. This product entered Phase 1 human clinical trials in December 1998. All of the Company's other drug candidates are in the pre-clinical stage. ARIAD's comprehensive and integrated drug-discovery platform spans from target identification and validation (functional genomics), to structure-based drug design and combinatorial chemistry, to medicinal chemistry and pharmacology. This "gene-to-drug" research and development capability formsprograms involve three areas: signal transduction inhibitors, regulated gene therapy and functional genomics. Signal transduction inhibitors are drugs designed to block specific molecular targets in bone cells and white blood cells. In November 1995, the basisCompany entered into an agreement with Hoechst Marion Roussel, Inc. ("HMR") to collaborate on the discovery and development of such drugs to treat osteoporosis and other bone diseases. The Company also has developed a system referred to as "ARIAD Regulated Gene Expression Technology" or "ARGENT(TM)" which is designed to control cellular activities using small molecule drugs. This system can be applied in research for multiple business opportunities, each with a diversitydiscovery of potentialnew drugs and new genes, in gene and cell therapy, and in the manufacture of biological products. The leading application of this system is the controlled production of protein drugs by regulated gene therapy. Another use of this system is ARIAD's product to treat graft-versus-host disease. This product may improve the safety and effectiveness of certain types of bone marrow transplants by selectively killing the cells responsible for graft-versus-host disease. In addition, the Company is working in an area known as functional genomics, which involves the discovery of new genes and the validation of molecular targets that may be useful in the treatment of diseases. ARIAD is currently focusing its drugdeveloping this information as a tool to accelerate the discovery efforts on (i) the development of orally administerednew drugs to block signal transduction pathways that play a critical role in majortreat these diseases, such as osteoporosis immune-related diseases(bones), atherosclerosis (heart and allergy/asthma,blood vessels) and (ii) the development of orally active therapeutic proteins based on a system that controls signal transduction pathways in genetically engineered cells. These drug discovery efforts are based on validated small-molecule drug targets and known therapeutic proteins. ARIAD is further building its gene-to-drug research and development capability by expanding its functional genomics program. The Company employs functional genomics to identify new drug targets for its signal transduction inhibitor program and novel proteins for its orally active therapeutic protein program.cancer. In each area of drug discovery, as well as in functional genomics,March 1997, the Company has entered intoestablished a significant strategic alliancejoint venture with a collaboratorHMR, named the Hoechst-ARIAD Genomics Center, LLC (the "Genomics Center"), to complement its gene and drug discovery technologies or to support its commercialization efforts.pursue this area. Since its inception in 1991, the Company has devoted substantially all of its resources to its research and development programs. The Company receives no revenue from the sale of 7 10 pharmaceutical products and substantially all revenue to date has been received in connection with the Company's research collaborations. The Company has not been profitable since inception and expects to incur substantial and increasing operating losses for the foreseeable future, primarily due to the expansion of its research and development programs, including the services the Company provides to the Genomics Center pursuant to the Services Agreements,certain research and administrative services agreements (the "Services Agreements"), which services are accounted for on a cost reimbursement basis. The Company expects that losses will fluctuate from quarter to quarter and that such fluctuations may be substantial. As of September 30, 1998,March 31, 1999, the Company had an accumulated deficit of $85,660,000.$97,631,000. RESULTS OF OPERATIONS THREE MONTHS ENDED SEPTEMBER 30, 1998MARCH 31, 1999 COMPARED WITH THE THREE MONTHS ENDED SEPTEMBER 30, 1997MARCH 31, 1998 REVENUE The Company recognized research revenue of $3,659,000$4,583,000 for the quarter ended September 30, 1998March 31, 1999 compared to $2,236,000$2,847,000 for the same period in 1997.1998. Research revenue in 19981999 is comprised principally of research revenue from services provided to the Genomics Center andrecognized under the Company's 1995 collaborative research and development agreement with HMR (the "1995 HMR Osteoporosis Agreement"). and the 1997 HMR Genomics Agreement. The increase in research revenue of $1,423,000$1,736,000 for the quarter ended September 30, 1998March 31, 1999 when compared to the corresponding period in 19971998 is a result of increased services provided to the Genomics Center which services commencedunder the Services Agreements, and the achievement of the second milestone of $2,000,000 under the 1995 HMR Osteoporosis Agreement offset by a reduction of $833,000 in deferred revenue recognized in the second quarter of 1997.prior year relating to this agreement. Research revenue resulting from the Services Agreements with the Genomics Center is 7 10 expected to increase over the next two years, and research revenue recognized under the 1995 HMR Osteoporosis Agreement is expected to remain substantially equivalent in 1998.years. Interest income decreased by $290,000$140,000 to $221,000$173,000 for the quarter ended September 30, 1998March 31, 1999 compared to $511,000$313,000 for the same period in 19971998 primarily as a result of lower levels of funds invested during the period. OPERATING EXPENSES Research and development expenses increased to $10,662,000$8,511,000 for the quarter ended September 30, 1998March 31, 1999 compared to $4,667,000$7,736,000 for the same period in 19971998 due primarily to increased research services provided to the Genomics Center under the Services Agreements and increased expenses in the orally active protein therapy program, including manufacturing development and other preclinical development costs.Agreements. The Company expects its research and development expenses to increase substantially over the next two years as a result of research services to be provided to the Genomics Center as well as increased manufacturing and preclinical development costs associated with its drug candidates and, if such preclinical studies are successful, the subsequent cost of human clinical trials.Center. General and administrative expenses increased slightly to $630,000$730,000 for the quarter ended September 30, 1998March 31, 1999 compared to $592,000$699,000 for the corresponding period in 1997 primarily due to increased expenses related to the operations of the Genomics Center in 1998. 8 11 The Company incurred interest expense of $116,000$106,000 for the quarter ended September 30, 1998March 31, 1999 compared to $153,000$131,000 for the corresponding period in 1997.1998. The decrease resulted from a lower level of long-term debt during the period. OPERATING RESULTS The Company incurred losses of $7,527,000$4,929,000 for the quarter ended September 30, 1998March 31, 1999 and $2,664,000$5,406,000 for the corresponding period in 1997,1998, or $.34$.23 and $.14$.28 per share, respectively. The Company expects that substantial operating losses will continue for several more years, will increase as its drugproduct development activities expand and increased research services are provided to the Genomics Center and will fluctuate as a result of differences in the timing and composition of revenue earned and expenses incurred. NINE MONTHS ENDED SEPTEMBER 30, 1998 COMPARED WITH THE NINE MONTHS ENDED SEPTEMBER 30, 1997 REVENUE Research revenue for the nine months ended September 30, 1998 was $9,733,000 compared to $6,698,000 for the corresponding period in 1997. Research revenue earned in 1998 increased by $3,035,000 over 1997 as a result of increased services provided to the Genomics Center. Interest income for the nine months ended September 30, 1998 decreased by $499,000 over the corresponding period in 1997 primarily as a result of a lower level of funds invested. OPERATING EXPENSES Research and development expenses increased to $27,387,000 for the nine months ended September 30, 1998 from $13,197,000 for the corresponding period in 1997, primarily due to research services provided to the Genomics Center under the Services Agreements and increased expenses incurred in the orally active protein therapy program, including manufacturing development and other preclinical development costs. 8 11 General and administrative expenses decreased to $2,006,000 for the nine months ended September 30, 1998 compared to $2,076,000 for the corresponding period in 1997, primarily due to the nonrecurrence in 1998 of administrative expenses incurred in connection with the formation of the Genomics Center in 1997. The Company incurred interest expense of $374,000 for the nine months ended September 30, 1998 compared to $264,000 for the corresponding period in 1997 as a result of a higher level of long-term debt. OPERATING RESULTS The Company incurred losses of $19,204,000 for the nine months ended September 30, 1998 and $7,510,000 for the corresponding period in 1997, or $.93 and $.39 per share, respectively. The Company expects that substantial operating losses will continue for several more years, may increase as its drug development activities expand and increased research services are provided to the Genomics Center and will fluctuate as a result of differences in the timing and composition of revenue earned and expenses incurred. LIQUIDITY AND CAPITAL RESOURCES The Company has financed its operations and investments in property and equipment primarily through the private placement and public offering of its securities, including the sale of seriesSeries B preferred stockConvertible Preferred Stock ("Series B Preferred Stock") to HMR in connection with the formation and operation of the Genomics Center in March 1997 and in January 1999, supplemented by the issuance of long-term debt, sale/leaseback and capital lease transactions, interest income, government-sponsored research grants and research revenue under the 1995 HMR Osteoporosis Agreement, and the 1997 HMR Genomics Agreement. As of September 30, 1998,Agreement and the Services Agreements. At March 31, 1999, the Company had cash, cash equivalents and marketable securities totaling $14,920,000 ,$15,870,000, and working capital of $7,725,000$6,555,000 compared to cash, cash equivalents and marketable securities totaling $29,359,000$14,176,000 and working capital amounting to $16,539,000$5,806,000 at December 31, 1997.1998. The primary uses of cash during the ninethree months ended September 30, 1998March 31, 1999 were $22,417,000$2,651,000 to finance the Company's operations and working capital requirements, including an annual payment of $3,000,000 for access to various genomics databases, $1,486,000$188,000 to purchase laboratory equipment, $1,358,000$461,000 to repay long-term debt, $502,000$734,000 for net investment in the Genomics Center and $487,000$184,000 to acquire intellectual property. The primary sources of cash during the nine monthsquarter ended September 30, 1998March 31, 1999 were $9,226,000 in net proceeds$3,000,000 of research funding from the private placement1995 HMR Osteoporosis Agreement, including $2,000,000 received upon the achievement of common stock, $2,428,000the second research milestone under such agreement, $459,000 in advances from the Genomics Center, $75,000 from the sale/leaseback of laboratory equipment and $5,061,000$1,044,000 of net proceeds from the sale and maturity of marketable securities. On May 11, 1998,securities and $5,747,000 from the Company completed a private placement of 2,537,500 shares of common stock to a group of institutional investors at a price of $4.00 per share and received net proceeds of approximately $9,200,000 after deducting selling commissions and offering expenses. The shares were registered under the Securities Act of 1933, as amended. On November 12, 1998, the Company announced that it had completed a private placement of 5,000 sharessale of Series CB Convertible Preferred Stock to a group of institutional investors and received proceeds of approximately $5,000,000.Stock. In March 1997, the Company entered into a 50/50 joint venture with HMR to pursue functional genomics with the goal of identifying genes that encode novel therapeutic proteins and small-molecule drug targets. The Company and HMR agreed to commit up to $85,000,000 to the establishment of the Genomics Center and its first five years of operation. The Company and HMR agreed to jointly fund $78,500,000 of operating and related costs, and ARIAD agreed to 9 12 fund up to $6,500,000 in leasehold improvements and equipment for use by ARIAD in conducting research on behalf of the Genomics Center. From the formation of the Genomics 9 12 Center through March 31, 1999, the Company invested $6,500,000 in leasehold improvements and equipment and funded $11,494,000 in operating and related costs. HMR committed to provide ARIAD with capital adequate to fund ARIAD's share of such costs through the purchase of up to $49,000,000 of seriesSeries B preferred stockPreferred Stock over the five-year period, including an initial investment of $24,000,000. From$24,000,000 and a subsequent investment of $5,747,000, each of which is discussed below. The Company also entered into the formation ofServices Agreements with the Genomics Center through September 30, 1998,to provide research and administrative services to the Company invested $6,500,000 in leasehold improvements and equipment and funded $7,146,000 in operating and related costs.Genomics Center on a cost reimbursement basis. Pursuant to the 1997 HMR Genomics Agreement, on March 18, 1997, HMR purchased 2,526,316 shares of the Company's seriesSeries B preferred stockPreferred Stock for $24,000,000. During the period from 1999 to 2002, to fund its commitment to the Genomics Center, the Company may, at its option, require HMR to make additional purchases of up to $25,000,000 of seriesSeries B preferred stock at purchase prices based on a premium to the market price of the common stock at the time of each subsequent purchase (unless the market price of the common stock exceeds a predetermined ceiling, in which case the purchase price will be equal to the market price). On January 5, 1999, HMR purchased 478,120 shares of Series B Preferred Stock for $5,747,000 representing the amount of the subsequent purchase available to ARIAD for 1999 under the agreement. Subsequent commitments by HMR to purchase Series B Preferred Stock are $8,536,000 and $8,691,000 for each of the years ended December 31, 2000 and 2001, respectively, and $2,026,000 for the three months ended March 31, 2002. Should ARIAD and HMR determine that the Genomics Center requires funds in excess of those committed, ARIAD may fund its share of the excess through a loan facility made available by HMR. Funds borrowed by ARIAD pursuant to such loan facility, if any, will bear interest at the ninety (90) day LIBOR rate plus 0.25% and are repayable by June 30, 2003 in cash or series B convertible preferred stock, at the Company's option. In November 1995, the Company entered into an agreement with HMR to collaborate on the discovery and development of drugs to treat osteoporosis and related bone diseases, one of the Company's signal transduction inhibitor programs. Under the terms of the 1995 HMR Osteoporosis Agreement, HMR made an initial cash payment to the Company of $10,000,000, agreed to provide research funding in equal quarterly amounts of $1,000,000 up to an aggregate of $20,000,000 over a five-year period and agreed to provide an aggregate of up to $10,000,000 upon the attainment of certain research milestones, including a payment of $2,000,000 which was received on February 23, 1999 following the achievement of the second milestone. In addition, HMR has established a dedicated research group to collaborate with the Company on the discovery of osteoporosis drugs and has agreed to fund all of the preclinical and clinical development costs for products that emerge from the collaboration. The 1995 HMR Osteoporosis Agreement further provides for the payment of royalties to the Company based on product sales. To date, revenue recognized under the 1995 HMR Osteoporosis Agreement has amounted to $27,666,000. The Company has substantial fixed commitments under various research and licensing agreements, consulting and employment agreements, lease agreements and long-term debt instruments. Such fixed commitments currently aggregate in excess of $12,000,000 per year and may increase. The Company will require substantial additional funding for its research and 10 13 product development programs, including preclinical development and clinical trials, for operating expenses, for the pursuit of regulatory clearances and for buildingestablishing manufacturing, salesmarketing and marketingsales capabilities. Adequate funds for these purposes, whether obtained through financial markets or collaborative or other arrangements with corporatecollaborative partners, or from other sources, may not be available when needed or on terms acceptable to the Company. The Company believes that its available cashexisting capital resources, plus interest income and existingplanned research and development funding and other sources of funding, including anticipated strategic alliances, will be adequate to satisfy its capital and operating requirements for the next six to nine months.through 1999. However, there can be no assurance that changes in the Company's research and development plans or other events affecting the Company's revenues or operating expenses will not result in the Company depleting its funds earlier. Yearearlier depletion of the Company's funds. IMPACT OF THE YEAR 2000 ISSUE The year 2000 issue relates to a complex ofnumerous potential problems arising from the ways in which computer software can handle dates. Many older systems use a two-digit date format, whichas opposed to four digits, to indicate the year. Some of the Company's computer programs or other information systems that have time-sensitive software or embedded microcontrollers may create ambiguities in passing intorecognize a new century. As a result, certain computers will be unable to distinguish the year 2000 fromdate using "00" as the year 1900 as "00" is all that will appearrather than the year 2000. This could result in the date field.a system failure or miscalculations causing disruptions of operations. The Company has a Year 2000 Plan, which it is actively pursuingCompany's plan to address the Company's year 2000 issues. The Company's Year 2000 Plan focuses on each of the Company's internal systems and third parties with which the Company has a significant relationship. The Company's Year 2000 Plan relating to its internal systemsissues consists of three phases: assessment, testing and implementation. The Company is currently in the process of completing an initial assessment phaseof its information technology infrastructure, hardware and anticipates commencingsoftware which began in 1998. Based on this review, the testing phase during the first quarter of 1999. The Company believes that allthe costs and/or consequences associated with the year 2000 issue are not expected to have a material effect on its business, operations or financial condition. A second, more in-depth analysis is also currently ongoing. Internally, this review will include the testing of systems developed by the Company. Although the internal portion of this analysis just recently commenced, the Company believes that, with modifications to existing software and conversions to new software and systems, the year 2000 issue will not pose significant operational problems for its computer and other information systems. If required, the Company will utilize additional internal and external resources to reprogram, replace, and test the software and systems for year 2000 modifications. Externally, the Company's preparations for the year 2000 issue will consist of soliciting and, where feasible, obtaining certification of year 2000 compliance from third-party software vendors and determining the readiness of its significant suppliers. The Company is working with external suppliers and service providers to ensure that they and their systems will be compliantable to support our needs and, where necessary, interact with our server and hardware and software infrastructure in preparation for the year 2000. This testing phase is expected to be completed by September 30, 1999. If any necessary modifications, conversions and/or replacements are not made, are not completed timely, or if any of the Company's suppliers or customers do not successfully deal with the year 2000 issue, such circumstances could have a material adverse impact on the operations of the 11 14 Company. The Company's research and development efforts, which rely heavily on the storage and retrieval of electronic information, could be interrupted resulting in significant delays in any one or all of the Company's research and development programs. The severity of these possible problems would depend on the nature of the problem and how quickly it could be corrected or an alternative implemented, which is unknown at this time. In the extreme, such problems could disrupt a significant portion of the Company's operations. While management has not yet specifically determined the costs associated with its year 2000 readiness efforts, monitoring and managing the year 2000 issue will result in additional direct and indirect costs to the Company. Direct costs include potential charges by third-party software vendors for product enhancements, costs involved in testing software products for year 2000 compliance and any resulting costs for developing and implementing contingency plans for critical software products which are not enhanced. The Company estimates the total cost for upgrading its computer system, hardware and software is not likely to exceed $200,000. Indirect costs will principally consist of the time devoted by existing employees in monitoring software vendor progress, testing enhanced software products and implementing any necessary contingency plans. Such costs have not been material to date. Both direct and indirect costs of addressing the year 2000 issue will be charged to earnings as incurred. At the present time, a contingency plan has not been completed. After evaluating its internal compliance efforts as well as the compliance of third parties as described above, the Company expects to have contingency plans in place by November 30, 1999 to address situations in which various systems of the Company, or of third parties with which the Company does business, are not year 2000 compliant. Some risks of the year 2000 issue, however, are beyond the control of the Company and its suppliers and customers. For example, no preparations or contingency plan will protect the Company from a downturn in economic activity caused by the possible ripple effect throughout the entire economy caused by the year 2000 and that the cost to address this issue is not material. Nevertheless, the Company will create contingency plans for certain internal systems, if necessary. All organizations dealing with the year 2000 must address the effect this issue will have on their significant business relationships including both suppliers and customers. The Company is undertaking steps to work with key third parties to understand their ability to continue providing services and products through the change to the year 2000. If any significant year 2000 problems are identified with key third parties, contingency plans will be developed. 10 13issue. SECURITIES LITIGATION REFORM ACT Safe harbor statement under the Private Securities Litigation Reform Act of 1995: Except for the historical information contained in this Quarterly Report on Form 10-Q, the matters discussed herein are forward-looking statements that involve risks and uncertainties, including but not limited to risks and uncertainties regarding the receipt of revenues under the Company's 1995 HMR Osteoporosis Agreement and the Services Agreements, the actual research and development expenses and other costs associated with the Genomics Center, the success of the Company's preclinical studies, the ability of the Company to commence clinical studies, the ability of the Company to successfully resolve the Year 2000 issue, the adequacy of the Company's capital resources and the availability of additional funding, as well as general economic, competitive, governmental and technological factors affecting the Company's operations, markets, products, services and prices, and other factors discussed under the heading "Cautionary Statement Regarding Forward-Looking Statements" in the Company's Annual Report on Form 10-K filed with the Securities and Exchange Commission. As a result of these factors, actual events or results could differ materially from those described herein. 1112 1415 ITEM 3. QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK The Company maintains an investment portfolio in accordance with its Investment Policy. The primary objectives of the Company's Investment Policy are to preserve principal, maintain proper liquidity to meet operating needs and maximize yields. The Company's Investment Policy specifies credit quality standards for the Company's investments and limits the amount of credit exposure to any single issue, issuer or type of investment. The Company invests cash balances in excess of operating requirements in short-term securities, generally with maturities of 90 days or less. The Company's marketable securities consist of corporate debt and U.S. Government securities primarily with maturities of one year or less, but generally less than six months. These securities are classified as available-for-sale. Available-for-sale securities are recorded on the balance sheet at fair market value with unrealized gains or losses reported as a separate component of stockholders' equity (accumulated other comprehensive loss). Gains and losses on investment security transactions are reported on the specific-identification method. Interest income is recognized when earned. A decline in the market value of any available-for-sale security below cost that is deemed other than temporary results in a charge to earnings and establishes a new cost basis for the security. These investments are sensitive to interest rate risk. The Company believes that the effect, if any, of reasonable possible near-term changes in the interest rates on its financial position, results of operations and cash flows would not be material due to the short-term nature of these investments. At March 31, 1999, the Company has a bank term note at prime plus 1% and a government sponsored term note at prime plus 2.75%. These notes are sensitive to interest rate risk. In the event of a hypothetical 10% increase in the prime rate, the Company would incur approximately $425,000 of additional interest expense per year. 13 16 PART II. OTHER INFORMATION ITEM 2. CHANGES IN SECURITIES AND USE OF PROCEEDS (a) Not applicable. (b) Not applicable. (c) (1) Securities sold. (A) On January 5, 1999 the Company sold 478,120 shares (the "Preferred Shares") of Series B Convertible Preferred Stock. (B) On February 12 and March 8, 1999 the Company issued an aggregate of 41,250 shares (the "Option Shares") of Common Stock, par value $.001 per share (the "Common Stock"). (C) On January 5, 1999 the Company issued an aggregate of 12,876 shares (the "Plan Shares") of Common Stock. (D) On January 15, 1999 the Company issued an aggregate of 300 options (the "Options") to purchase 300 shares of Common Stock. (2) Underwriters and other purchasers. No underwriters were involved in any of the transactions. (A) The Company sold the Preferred Shares to Hoechst Marion Roussel, Inc. (B) The Company sold the Option Shares to an aggregate of two employees upon the exercise of an aggregate of 41,250 stock options. (C) The Company sold the Plan Shares to an aggregate of 22 employees pursuant to the terms of the Company's 1997 Employee Stock Purchase Plan. (D) The Company issued the Options to one employee pursuant to the terms of the Company's 1991 Stock Option Plan for Employees and Consultants. (3) Consideration. (A) The Preferred Shares were sold for an aggregate purchase price of $5,747,000. (B) The Option Shares were sold for an aggregate exercise price of $66,000. (C) The Plan Shares were sold for an aggregate purchase price of $18,413. (D) The Options were issued in exchange for services to be rendered. (4) Exemption from registration claimed. All of the Preferred Shares, the Option Shares, the Plan Shares and the Options were issued in reliance upon Section 4(2) of the Securities Act of 1933, as amended, because none of the transactions involved any public offering by the Company. (5) Terms of conversion or exercise. (A) Each Preferred Share is convertible into one share of Common Stock. (B) Not applicable. (C) Not applicable. (D) The Options vest equally over a period of 4 years and are exercisable at a price of $2.09 per share until January 15, 2009. (6) Use of Proceeds. Not applicable. (d) Not applicable. 14 17 ITEM 5. OTHER INFORMATION On April 30, 1999, the Board of Directors of the Company amended the Company's By-laws to change the notification requirements for proposals to be submitted at stockholders' meetings. ITEM 6. EXHIBITS AND REPORTS ON FORM 8-K (a) Exhibits The following exhibit isexhibits are filed herewith: Exhibit No. Title 3.1 By-Laws, as amended. 10.1+ Executive Employment Agreement between the Company and Laurie A. Allen, Esq., dated as of November 25, 1998. 10.2+ Executive Employment Agreement between the Company and Mark Zoller, Ph.D., dated as of November 1, 1994, with First Amendment to Employment Agreement, dated as of January 1, 1997, and Second Amendment to Employment Agreement, dated as of November 1, 1998. 10.3+ Executive Employment Agreement between the Company and John D. Iuliucci, Ph.D., dated as of May 1, 1992, with First Amendment to Employment Agreement, dated as of March 2, 1994, and Second Amendment to Employment Agreement, dated as of January 1, 1997. 27.1 Financial Data ScheduleSchedule. + Management contract or compensatory plan, contract or arrangement (b) Reports on Form 8-K The Company filed one report on Form 8-K during the quarter ended March 31, 1999, which report was filed on January 8, 1999 to report the sale of 478,120 shares of the Company's Series B Convertible Preferred Stock for a total purchase price of $5,747,000. 15 18 SIGNATURES 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, thereunto duly authorized. ARIAD Pharmaceuticals, Inc. (Registrant) By: /s/ Jay R. LaMarche -------------------------------------- Jay R. LaMarche Executive Vice President and Chief Financial Officer (Duly authorized Officer and Principal Financial Officer) Date: November 13, 1998 12 15 EXHIBIT INDEX
EXHIBIT NO. TITLE 3.1 CERTIFICATE OF INCORPORATION OF THE COMPANY, AS AMENDED (1) 3.2 BY-LAWS OF THE COMPANY, AS AMENDED (1) 3.3 AMENDMENT OF CERTIFICATE OF INCORPORATION OF THE COMPANY, DATED APRIL 8, 1994 (2) 3.4 AMENDMENT OF CERTIFICATE OF INCORPORATION OF THE COMPANY, DATED OCTOBER 4, 1994 (5) 3.5 CERTIFICATE OF DESIGNATIONS IN RESPECT OF SERIES B PREFERRED STOCK OF THE COMPANY (8) 3.6 AMENDMENT OF BY-LAWS OF THE COMPANY, ADOPTED SEPTEMBER 16, 1994 (5) 3.7 CERTIFICATE OF DESIGNATIONS, PREFERENCES AND RIGHTS OF SERIES C CONVERTIBLE PREFERRED STOCK OF THE COMPANY (10) 4.1 FORM OF ARIAD PHARMACEUTICALS, INC. COMMON STOCK PURCHASE WARRANT (1) 4.2 PRINCIPAL STOCKHOLDERS' AGREEMENT, DATED AS OF JANUARY 5, 1992, AMONG ARIAD PHARMACEUTICALS, INC., DAVID BLECH, DAVID BLECH AS TRUSTEE OF THE BLECH FAMILY TRUST, MARK S. GERMAIN, HARVEY J. BERGER, HARVEY J. BERGER AND WENDY S. BERGER AS TRUSTEES OF THE BERGER FAMILY TRUST, AVALON VENTURES AND AVALON VENTURES IV. (1) 4.3 FORM OF WARRANT AGREEMENT (WITH FORM OF WARRANT). (3) 4.4 RIGHTS AGREEMENT, DATED AS OF DECEMBER 15, 1994, BETWEEN THE COMPANY AND STATE STREET BANK AND TRUST COMPANY, WHICH INCLUDES THE CERTIFICATE OF DESIGNATIONS IN RESPECT OF THE SERIES A PREFERRED STOCK, AS EXHIBIT A, THE FORM OF RIGHT CERTIFICATE AS EXHIBIT B AND THE SUMMARY OF RIGHTS TO PURCHASE SERIES A PREFERRED STOCK AS EXHIBIT C. PURSUANT TO THE RIGHTS AGREEMENT, RIGHT CERTIFICATES WILL NOT BE MAILED UNTIL AFTER THE SEPARATION DATE (AS DEFINED THEREIN). (4) 4.5 AMENDMENT, DATED AS OF APRIL 24, 1995, TO RIGHTS AGREEMENT, DATED AS OF DECEMBER 15, 1994, BETWEEN ARIAD PHARMACEUTICALS, INC. AND STATE STREET BANK AND TRUST COMPANY. (6) 4.6 STOCK PURCHASE AGREEMENT, DATED AS OF APRIL 24, 1995, BETWEEN ARIAD PHARMACEUTICALS, INC. AND BIOTECH TARGET S.A. (7) 10.1 LEASE AGREEMENT, DATED JANUARY 8, 1992, BETWEEN ARIAD PHARMACEUTICALS, INC. AND FOREST CITY CAMBRIDGE, INC. (1) 10.2 EXECUTIVE EMPLOYMENT AGREEMENT, DATED AS OF JANUARY 1, 1992, BETWEEN ARIAD PHARMACEUTICALS, INC. AND HARVEY J. BERGER, M.D. (1) 10.3 EXECUTIVE EMPLOYMENT AGREEMENT, DATED AS OF JANUARY 3, 1992, BETWEEN ARIAD PHARMACEUTICALS, INC. AND JOAN S. BRUGGE, PH.D. (1) 10.4 EXECUTIVE EMPLOYMENT AGREEMENT, DATED AS OF JANUARY 1, 1992, BETWEEN ARIAD PHARMACEUTICALS, INC. AND CHARLES C. CABOT III. (1) 10.5 EXECUTIVE EMPLOYMENT AGREEMENT, DATED AS OF JANUARY 1, 1992, BETWEEN ARIAD PHARMACEUTICALS, INC. AND JAY R. LAMARCHE. (1) 10.6 EXECUTIVE EMPLOYMENT AGREEMENT, DATED AS OF OCTOBER 14, 1991, BETWEEN ARIAD PHARMACEUTICALS, INC. AND MANFRED WEIGELE, PH.D. (1) 10.7 LOAN AND SECURITY AGREEMENT, DATED SEPTEMBER 23, 1992, BY AND BETWEEN ARIAD PHARMACEUTICALS, INC., ARIAD CORPORATION AND BAYBANK BOSTON, N.A. AND RELATED INSTRUMENTS AND DOCUMENTS. (1) 10.8 LOAN AGREEMENT, DATED OCTOBER 28, 1992, AMONG ARIAD CORPORATION, ARIAD PHARMACEUTICALS, INC. AND THE MASSACHUSETTS BUSINESS DEVELOPMENT CORPORATION AND RELATED INSTRUMENTS AND DOCUMENTS. (1) 10.9 EQUIPMENT LEASE AGREEMENT, DATED DECEMBER 10, 1992, BY AND BETWEEN ARIAD CORPORATION AND GENERAL ELECTRIC CAPITAL CORPORATION. (1) 10.10 MASTER LEASE AGREEMENT, DATED DECEMBER 21, 1992, BY AND BETWEEN ARIAD CORPORATION AND COMDISCO, INC. (1) 10.11 ARIAD PHARMACEUTICALS, INC. 1991 STOCK OPTION PLAN FOR EMPLOYEES, AS AMENDED. (5) 10.12 ARIAD PHARMACEUTICALS, INC. 1991 STOCK OPTION PLAN FOR DIRECTORS. (1) 10.13 ARIAD RETIREMENT SAVINGS PLAN. (1) 10.14 AMENDED AND RESTATED AGREEMENT DATED AS OF DECEMBER 12, 1997 BETWEEN THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY AND ARIAD GENE THERAPEUTICS, INC. (9) 10.15 AMENDMENT, DATED APRIL 19, 1994, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND HARVEY J. BERGER, M.D. (3)
13 May 17, 1999 16
EXHIBIT NO. TITLE 10.16 AMENDMENT, DATED MARCH 2, 1994, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND JOAN S. BRUGGE, PH.D. (3) 10.17 AMENDMENT, DATED MARCH 2, 1994, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND CHARLES C. CABOT III. (3) 10.18 AMENDMENT, DATED MARCH 2, 1994, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND JAY R. LAMARCHE. (3) 10.19 AMENDMENT, DATED MARCH 2, 1994, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND MANFRED WEIGELE, PH.D. (3) 10.20 UNIT PURCHASE AND TECHNOLOGY RIGHT OF FIRST NEGOTIATION AGREEMENT, DATED MAY 5, 1994, AMONG GENENTECH, INC., ARIAD PHARMACEUTICALS, INC. AND ARIAD GENE THERAPEUTICS, INC. (3) 10.21 AMENDMENT NO. 2, DATED JUNE 30, 1994, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND HARVEY J. BERGER, M.D. (5) 10.22 ARIAD PHARMACEUTICALS, INC. 1994 STOCK OPTION PLAN FOR NON-EMPLOYEE DIRECTORS. (5) 10.23 COLLABORATIVE RESEARCH AND LICENSE AGREEMENT, DATED NOVEMBER 5, 1995, BETWEEN ROUSSEL UCLAF AND ARIAD PHARMACEUTICALS, INC. (7) 10.24 LICENSE AGREEMENT DATED AS OF SEPTEMBER 12, 1996 BETWEEN MOCHIDA PHARMACEUTICALS CO., LTD. AND ARIAD PHARMACEUTICALS, INC. (8) 10.25 JOINT VENTURE AGREEMENT DATED AS OF FEBRUARY 14, 1997 BETWEEN GENOVO, INC. AND ARIAD GENE THERAPEUTICS, INC. (8) 10.26 JOINT VENTURE MASTER AGREEMENT DATED AS OF MARCH 4, 1997 BETWEEN HOECHST MARION ROUSSEL, INC. AND ARIAD PHARMACEUTICALS, INC. (8) 10.27 STOCK PURCHASE, STANDSTILL AND REGISTRATION RIGHTS AGREEMENT DATED AS OF MARCH 4, 1997 BETWEEN HOECHST MARION ROUSSEL, INC. AND ARIAD PHARMACEUTICALS, INC. (8) 10.28 COLLABORATIVE AGREEMENT DATED AS OF MARCH 4, 1997 BETWEEN INCYTE PHARMACEUTICALS, INC. AND ARIAD PHARMACEUTICALS, INC. (8) 10.29 AMENDMENT, DATED JANUARY 1, 1997, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND HARVEY J. BERGER, M.D. (8) 10.30 AMENDMENT, DATED JANUARY, 1, 1997, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND JAY R. LAMARCHE (8) 10.31 AMENDMENT, DATED JANUARY 1, 1997, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND CHARLES C. CABOT III (8) 10.32 AMENDMENT, DATED JANUARY 1, 1997, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND MANFRED WEIGELE, PH.D. (8) 10.33 AMENDMENT, DATED JANUARY 1, 1997, TO EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN ARIAD PHARMACEUTICALS, INC. AND MICHAEL GILMAN, PH.D. (8) 10.34 CONSULTING AGREEMENT, DATED JULY 1, 1997, BETWEEN ARIAD PHARMACEUTICALS, INC. AND JOAN S. BRUGGE, PH.D. (8) 10.35 ARIAD PHARMACEUTICALS, INC. 1997 EMPLOYEE STOCK PURCHASE PLAN (8) 10.36 AMENDMENT TO THE 1991 STOCK OPTION PLAN FOR EMPLOYEES AND CONSULTANTS (8) 10.37 AMENDMENT TO THE 1994 STOCK OPTION PLAN FOR NON-EMPLOYEE DIRECTORS (8) 10.38 FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT DATED JUNE 27, 1997 WITH BANKBOSTON, N.A. AS SUCCESSOR IN INTEREST TO BAYBANK, N.A. (8) 10.39 LICENSE AGREEMENT, DATED JULY 17, 1997, BETWEEN ARIAD PHARMACEUTICALS, INC. AND MITOTIX INC. (8) 10.40 TECHNOLOGY PURCHASE AND SALE AGREEMENT AND RELATED AGREEMENTS, DATED JULY 17, 1997, BETWEEN ARIAD PHARMACEUTICALS, INC. AND MITOTIX, INC. (8) 10.41 ARIAD PHARMACEUTICALS, INC. 1997 EXECUTIVE COMPENSATION PLAN (9) 21.1 SUBSIDIARIES OF THE COMPANY. (3) 27.1 FINANCIAL DATA SCHEDULE (10)
--------------- (1) Incorporated by reference to Registration Statement on Form 10 of the Company filed with the Securities and Exchange Commission on June 25, 1993. (2) Incorporated by reference to Form 10-K of the Company for the fiscal year ended December 31, 1993 filed with the Securities and Exchange Commission on April 15, 1994. 14 17 (3) Incorporated by reference to Registration Statement on Form S-1 of the Company (No. 33-76414) filed with the Securities and Exchange Commission on March 11, 1994. (4) Incorporated by reference to Form 8-K of the Company filed with the Securities and Exchange Commission on December 21, 1994. (5) Incorporated by reference to Form 10-K of the Company for the fiscal year ended December 31, 1994 filed with the Securities and Exchange Commission on March 30, 1995. (6) Incorporated by reference to Form 8-K of the Company filed with the Securities and Exchange Commission on May 15, 1995. (7) Incorporated by reference to Form 10-K of the Company for the fiscal year ended December 31, 1995 filed with the Securities and Exchange Commission on March 15, 1996. (8) Incorporated by reference to Forms 10-Q of the Company filed with the Securities and Exchange Commission on May 12, 1997, August 12, 1997 and November 12, 1997. (9) Incorporated by reference to Form 10-K of the Company for the fiscal year ended December 31, 1997 filed with the Securities and Exchange Commission on March 6, 1998. (10) Incorporated by reference to Form 8-K of the Company filed with the Securities and Exchange Commission on November 12, 1998. (11) Filed herewith. 15