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SECURITIES AND EXCHANGE COMMISSION
þ | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
o | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
Delaware (State or other jurisdiction of incorporation or organization) | 94-3287832 (I.R.S. Employer Identification No.) |
900 Saginaw Drive | ||
Redwood City, California | 94063 | |
(Address of Principal Executive Offices) | (Zip Code) |
(Registrant’s Telephone Number, Including Area Code)
Large accelerated filero | Accelerated filero | Non-accelerated filero (Do not check if a smaller reporting company) | Smaller reporting companyþ |
QUARTERLY REPORT ON FORM 10-Q
FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2010
INDEX
3 | ||||||||
4 | ||||||||
5 | ||||||||
6 | ||||||||
13 | ||||||||
20 | ||||||||
20 | ||||||||
21 | ||||||||
39 | ||||||||
40 | ||||||||
Exhibit 3.3 | ||||||||
Exhibit 10.29 | ||||||||
Exhibit 31.1 | ||||||||
Exhibit 31.2 | ||||||||
Exhibit 32.1 |
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September 30, 2010 | June 30, 2010 | |||||||
(unaudited) | (Note 1) | |||||||
Assets | ||||||||
Current assets | ||||||||
Cash and cash equivalents | $ | 14,894 | $ | 6,561 | ||||
Accounts receivable | 364 | 376 | ||||||
Inventories | 851 | 1,131 | ||||||
Prepaid expenses and other current assets | 179 | 231 | ||||||
Total current assets | 16,288 | 8,299 | ||||||
Property and equipment, net | 1,152 | 1,338 | ||||||
Restricted cash | 154 | 154 | ||||||
Total assets | $ | 17,594 | $ | 9,791 | ||||
Liabilities and stockholders’ equity | ||||||||
Current liabilities | ||||||||
Accounts payable | $ | 381 | $ | 496 | ||||
Accrued compensation | 353 | 440 | ||||||
Other accrued liabilities | 484 | 517 | ||||||
Deferred revenue | 1,366 | 403 | ||||||
Deferred rent | 29 | 27 | ||||||
Note payable | — | 1,400 | ||||||
Total current liabilities | 2,613 | 3,283 | ||||||
Other non-current liabilities | 26 | 31 | ||||||
Total liabilities | 2,639 | 3,314 | ||||||
Commitments and contingencies | ||||||||
Stockholders’ equity | ||||||||
Common stock, $0.001 par value, 45,000,000 shares authorized 25,270,345 and 24,005,813 shares issued and outstanding at September 30, 2010 and June 30, 2010, respectively | 25 | 24 | ||||||
Additional paid-in capital | 129,635 | 127,381 | ||||||
Treasury stock at cost 66,227 shares at September 30, 2010 and June 30, 2010 | (596 | ) | (596 | ) | ||||
Accumulated deficit | (114,109 | ) | (120,332 | ) | ||||
Total stockholders’ equity | 14,955 | 6,477 | ||||||
Total liabilities and stockholders’ equity | $ | 17,594 | $ | 9,791 | ||||
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Three months ended | ||||||||
September 30, | ||||||||
2010 | 2009 | |||||||
Net revenue | ||||||||
Product sales, net | $ | 995 | $ | 817 | ||||
License and development revenue | 9,025 | 105 | ||||||
Royalty revenue | 22 | 25 | ||||||
Total net revenue | 10,042 | 947 | ||||||
Operating costs and expenses | ||||||||
Cost of product sales | 944 | 840 | ||||||
Research and development | 1,375 | 1,143 | ||||||
Selling, general and administrative | 1,495 | 1,604 | ||||||
Total operating costs and expenses | 3,814 | 3,587 | ||||||
Income (loss) from operations | 6,228 | (2,640 | ) | |||||
Interest income | 8 | 5 | ||||||
Interest expense | (11 | ) | (30 | ) | ||||
Other income (expense) | (2 | ) | 1 | |||||
Net income (loss) | $ | 6,223 | $ | (2,664 | ) | |||
Basic net income (loss) per common share | $ | 0.25 | $ | (0.17 | ) | |||
Diluted net income (loss) per common share | $ | 0.24 | $ | (0.17 | ) | |||
Shares used in computing net income (loss) per common share | ||||||||
Basic | 24,623 | 15,796 | ||||||
Diluted | 26,000 | 15,796 | ||||||
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Three months ended | ||||||||
September 30, | ||||||||
2010 | 2009 | |||||||
Operating activities: | ||||||||
Net income (loss) | $ | 6,223 | $ | (2,664 | ) | |||
Adjustments to reconcile net cash provided by (used in) operating activities: | ||||||||
Depreciation and amortization | 193 | 217 | ||||||
Loss on disposal of property and equipment | — | 53 | ||||||
Stock-based compensation expenses | 244 | 567 | ||||||
Changes in assets and liabilities: | ||||||||
Accounts receivable | 12 | 302 | ||||||
Prepaid expenses and other current assets | 47 | 61 | ||||||
Inventories | 280 | 6 | ||||||
Restricted cash | — | 10 | ||||||
Accounts payable and other accrued liabilities | (148 | ) | (220 | ) | ||||
Accrued compensation | (87 | ) | 16 | |||||
Deferred revenue | 963 | (105 | ) | |||||
Deferred rent | 2 | 6 | ||||||
Net cash provided by (used in) operating activities | 7,729 | (1,751 | ) | |||||
Investing activities: | ||||||||
Purchases of property and equipment | (7 | ) | (285 | ) | ||||
Net cash used in investing activities | (7 | ) | (285 | ) | ||||
Financing activities: | ||||||||
Net proceeds from issuance of common stock | 2,011 | 10,045 | ||||||
Payment of note payable | (1,400 | ) | — | |||||
Net cash provided by financing activities | 611 | 10,045 | ||||||
Net increase in cash and cash equivalents | 8,333 | 8,009 | ||||||
Cash and cash equivalents at beginning of period | 6,561 | 5,328 | ||||||
Cash and cash equivalents at end of period | $ | 14,894 | $ | 13,337 | ||||
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Three months ended | ||||
September 30, | ||||
2010 | 2009 | |||
Risk-free interest rate | 1.19% – 1.60% | 1.70% – 2.25% | ||
Weighted-average expected term | 4.52 – 4.58 years | 3.5 – 4.5 years | ||
Expected volatility | 72.9% – 76.3% | 79.5% – 81.2% |
Three months ended | ||||||||
September 30, | ||||||||
2010 | 2009 | |||||||
Cost of product sales | $ | 18 | $ | 104 | ||||
Research and development | 54 | 168 | ||||||
Selling, general and administrative | 172 | 295 | ||||||
Total | $ | 244 | $ | 567 | ||||
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Outstanding Options | ||||||||||||
Weighted- | ||||||||||||
Average | ||||||||||||
Shares | Exercise | |||||||||||
Available for | Number of | Price per | ||||||||||
Future Grant | Shares | Share | ||||||||||
Balance at June 30, 2010 | 794,135 | 3,061,926 | $ | 2.63 | ||||||||
Options granted | (399,900 | ) | 399,900 | 1.93 | ||||||||
Options exercised | — | (14,991 | ) | 1.32 | ||||||||
Options forfeited | 32,154 | (32,154 | ) | 2.25 | ||||||||
Balance at September 30, 2010 | 426,389 | 3,414,681 | $ | 2.56 | ||||||||
Weighted- | ||||||||||||
Average | ||||||||||||
Remaining | Number | |||||||||||
Number | Contractual | Vested and | ||||||||||
Exercise Price | Outstanding | Life | Exercisable | |||||||||
$1.12 | 1,244,166 | 6.11 | 298,632 | |||||||||
$1.21 – $1.55 | 867,018 | 5.98 | 406,632 | |||||||||
$1.71 – $6.03 | 919,567 | 5.33 | 609,990 | |||||||||
$6.04 – $9.20 | 369,221 | 4.79 | 253,953 | |||||||||
$9.75 | 14,709 | 5.21 | 14,709 | |||||||||
Total outstanding | 3,414,681 | 5.72 | 1,583,916 | |||||||||
Options vested and expected to vest | 3,125,533 | |||||||||||
Non-vested restricted stock at June 30, 2010 | 46,425 | |||
Forfeited | (250 | ) | ||
Non-vested restricted stock at September 30, 2010 | 46,175 | |||
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Three months ended | ||||||||
September 30, | ||||||||
2010 | 2009 | |||||||
Numerator: | ||||||||
Net income (loss) | $ | 6,223 | $ | (2,664 | ) | |||
Denominator: | ||||||||
Weighted-average common shares outstanding | 24,623 | 15,826 | ||||||
Less: Weighted-average non-vested restricted stock | — | (30 | ) | |||||
Denominator for basic net income (loss) per common share | 24,623 | 15,796 | ||||||
Dilutive effect of stock options | 403 | — | ||||||
Dilutive effect of non-vested restricted stock awards | 43 | — | ||||||
Dilutive effect of warrants | 931 | — | ||||||
Denominator for diluted net income per share | 26,000 | 15,796 | ||||||
Basic net income (loss) per common share | $ | 0.25 | $ | (0.17 | ) | |||
Diluted net income (loss) per common share | $ | 0.24 | $ | (0.17 | ) | |||
September 30, | ||||||||
2010 | 2009 | |||||||
Options to purchase common stock | 1,303 | 1,943 | ||||||
Non-vested restricted stock awards | — | 158 | ||||||
Warrants | — | 4,719 | ||||||
Total | 1,303 | 6,820 | ||||||
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Level 1 — | Quoted prices in active markets for identical assets or liabilities. | |
Level 2 — | Observable inputs other than quoted prices included in Level 1, such as quoted prices for similar assets and liabilities in active markets; quoted prices for identical or similar assets and liabilities in markets that are not active; or other inputs that are observable or can be corroborated by observable market data. | |
Level 3 — | Unobservable inputs that are supported by little or no market activity and that are significant to the fair value of the assets or liabilities. |
As of September 30, 2010 | ||||||||||||||||
Level 1 | Level 2 | Level 3 | Total | |||||||||||||
Cash equivalents: | ||||||||||||||||
Money market funds | $ | 511 | $ | — | $ | — | $ | 511 | ||||||||
Total assets at fair value | $ | 511 | $ | — | $ | — | $ | 511 | ||||||||
As of June 30, 2010 | ||||||||||||||||
Level 1 | Level 2 | Level 3 | Total | |||||||||||||
Cash equivalents: | ||||||||||||||||
Money market funds | $ | 511 | $ | — | $ | — | $ | 511 | ||||||||
Total assets at fair value | $ | 511 | $ | — | $ | — | $ | 511 | ||||||||
September 30, | June 30, | |||||||
2010 | 2010 | |||||||
Raw materials | $ | 187 | $ | 250 | ||||
Work in progress | 237 | 62 | ||||||
Finished goods | 427 | 819 | ||||||
$ | 851 | $ | 1,131 | |||||
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NOTE 9 — SUBSEQUENT EVENTS
On November 9, 2010, the Company’s stockholders approved an amendment to the Company’s 2005 Equity Incentive Plan to increase the number of shares of common stock authorized for issuance under the 2005 Plan by 500,000 shares. In addition, the Company’s stockholders approved an amendment to the Company’s Amended and Restated Certificate of Incorporation to increase the authorized number of shares of the Company’s common stock from 45,000,000 to 65,000,000 shares.
On November 11, 2010, the Company entered into an amendment to its facility lease, which is effective as of November 11, 2010 (the “Amendment”). Pursuant to the Amendment, the term of the lease is extended four years, through August 31, 2015 and the Company was granted an improvement allowance of $148,070 to be used in connection with the construction of alterations and refurbishment of improvements in the premises. The base rent during the extended term is $51,824.50 per month from January 1, 2011 through December 31, 2011, $53,305.20 per month from January 1, 2012 through December 31, 2012, $55,378.18 per month from January 1, 2013 through December 31, 2013, $59,228.00 per month from January 1, 2014 through December 31, 2014, and $62,189.40 per month from January 1, 2015 through August 31, 2015. In addition, under the Amendment, the Company was granted an option to further extend the lease for a period of two years beyond August 31, 2015 (the “Option Term”) and set forth the method of determination of the annual rent payable by Cardica during the Option Term. Under the operating lease the Company was required to maintain a letter of credit with a restricted cash balance at the Company’s bank. A certificate of deposit of $150,000 has been recorded as restricted cash in the Condensed Balance Sheet at September 30, 2010 related to the letter of credit. Further, effective as of January 1, 2011, the amount of the letter of credit shall be reduced from $150,000 to $100,000.
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Three months ended | ||||||||
September 30, | ||||||||
2010 | 2009 | |||||||
Net cash provided by (used in) operating activities | $ | 7,729 | $ | (1,751 | ) | |||
Net cash used in investing activities | (7 | ) | (285 | ) | ||||
Net cash provided by financing activities | 611 | 10,045 |
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• | the extent of our ongoing research and development programs and related costs, including costs related to the development of the Cardica Microcutter ES8 and additional potential products in our anticipated microcutter product line; |
• | our ability to enter into additional license, development and/or collaboration agreements with respect to our technology, and the terms thereof; |
• | market acceptance and adoption of our current products or future products that we may commercialize; |
• | our level of revenues; |
• | costs associated with our sales and marketing initiatives and manufacturing activities; |
• | costs and timing of obtaining and maintaining FDA and other regulatory clearances and approvals for our products and potential additional products; |
• | securing, maintaining and enforcing intellectual property rights and the costs thereof; and |
• | the effects of competing technological and market developments. |
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• | achievement of broad acceptance for our current products or future products that may be commercialized; |
• | achievement of U.S. regulatory clearance or approval for additional products; and |
• | successful sales, manufacturing, marketing and distribution of our products. |
• | the extent of our ongoing research and development programs and related costs, including costs related to the development of the Cardica Microcutter ES8 and additional potential products in our anticipated microcutter product line; |
• | our ability to enter into additional license, development and/or collaboration agreements with respect to our technology, and the terms thereof; |
• | market acceptance and adoption of our current products or future products that we may be commercialized; |
• | our level of revenues; |
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• | costs associated with our sales and marketing initiatives and manufacturing activities; |
• | costs and timing of obtaining and maintaining FDA and other regulatory clearances and approvals for our products and potential additional products; |
• | securing, maintaining and enforcing intellectual property rights and the costs thereof; and |
• | the effects of competing technological and market developments. |
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• | the extent of our ongoing research and development programs and related costs, including costs related to the development of the Cardica Microcutter ES8 and additional potential products in our anticipated microcutter product line; |
• | our ability to enter into additional license, development and/or collaboration agreements with respect to our technology, and the terms thereof; |
• | market acceptance and adoption of our current products or future products that we may commercialize; |
• | our level of revenues; |
• | costs associated with our sales and marketing initiatives and manufacturing activities; |
• | costs and timing of obtaining and maintaining FDA and other regulatory clearances and approvals for our products and potential additional products; |
• | securing, maintaining and enforcing intellectual property rights and the costs thereof; and |
• | the effects of competing technological and market developments. |
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• | warning letters, fines, injunctions, consent decrees and civil penalties; |
• | customer notifications, repair, replacement, refunds, recall or seizure of our products; |
• | operating restrictions, partial suspension or total shutdown of production; |
• | delay in processing marketing applications for new products or modifications to existing products; |
• | withdrawing approvals that have already been granted; and |
• | criminal prosecution. |
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• | the FDA or other regulatory authorities suspend or place on hold a clinical trial, or do not approve a clinical trial protocol or a clinical trial; |
• | the data and safety monitoring committee of a clinical trial recommends that a trial be placed on hold or suspended; |
• | patients do not enroll in clinical trials at the rate we expect; |
• | patients are not followed-up at the rate we expect; |
• | clinical trial sites decide not to participate or cease participation in a clinical trial; |
• | patients experience adverse side effects or events related to our products; |
• | patients die or suffer adverse medical effects during a clinical trial for a variety of reasons, which may not be related to our product candidates, including the advanced stage of their disease and other medical problems; |
• | third-party clinical investigators do not perform our clinical trials on our anticipated schedule or consistent with the clinical trial protocol and good clinical practices, or other third-party organizations do not perform data collection and analysis in a timely or accurate manner; |
• | regulatory inspections of our clinical trials or manufacturing facilities may, among other things, require us to undertake corrective action or suspend or terminate our clinical trials if investigators find us not to be in compliance with regulatory requirements; |
• | third-party suppliers fail to provide us with critical components that conform to design and performance specifications; |
• | the failure of our manufacturing processes to produce finished products that conform to design and performance specifications; |
• | changes in governmental regulations or administrative actions; |
• | the interim results of the clinical trial are inconclusive or negative; |
• | pre-clinical or clinical data is interpreted by third parties in different ways; or |
• | our trial design, although approved, is inadequate to demonstrate safety and/or efficacy. |
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• | improved patient outcomes; |
• | access to and acceptance by leading physicians; |
• | product quality and reliability; |
• | ease of use; |
• | device cost-effectiveness; |
• | training and support; |
• | novelty; |
• | physician relationships; and |
• | sales and marketing capabilities. |
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• | reduced product size; |
• | ease of use; |
• | product quality and reliability; |
• | multi-fire capability; |
• | device cost-effectiveness; |
• | degree of articulation; |
• | physician relationships; and |
• | sales and marketing capabilities. |
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• | maintaining product yields; |
• | maintaining quality control and assurance; |
• | providing component and service availability; |
• | maintaining adequate control policies and procedures; and |
• | hiring and retaining qualified personnel. |
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• | export restrictions and controls relating to technology; |
• | the availability and level of reimbursement within prevailing foreign healthcare payment systems; |
• | pricing pressure that we may experience internationally; |
• | required compliance with existing and changing foreign regulatory requirements and laws; |
• | laws and business practices favoring local companies; |
• | longer payment cycles; |
• | difficulties in enforcing agreements and collecting receivables through certain foreign legal systems; |
• | political and economic instability; |
• | potentially adverse tax consequences, tariffs and other trade barriers; |
• | international terrorism and anti-American sentiment; |
• | difficulties and costs of staffing and managing foreign operations; and |
• | difficulties in enforcing intellectual property rights. |
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• | completion of development of our microcutter products, and the timing thereof; |
• | market acceptance and adoption of our products; |
• | regulatory clearance or approvals of our products; |
• | volume and timing of orders for our products; |
• | changes in earnings estimates, investors’ perceptions, recommendations by securities analysts or our failure to achieve analysts’ earning estimates; |
• | quarterly variations in our or our competitors’ results of operations; |
• | general market conditions and other factors unrelated to our operating performance or the operating performance of our competitors; |
• | the announcement of new products or product enhancements by us or our competitors; |
• | announcements related to patents issued to us or our competitors and to litigation; and |
• | developments in our industry. |
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• | completion of development of our microcutter products, and the timing thereof; |
• | FDA or other regulatory clearance or approval of our products; |
• | demand for our products; |
• | the performance of third-party contract manufacturers and component suppliers; |
• | our ability to develop sales and marketing capabilities; |
• | our ability to develop, introduce and market new or enhanced versions of our products on a timely basis; and |
• | our ability to obtain and protect proprietary rights. |
• | limit who may call a special meeting of stockholders; |
• | establish advance notice requirements for nominations for election to our board of directors or for proposing matters that can be acted upon at stockholder meetings; |
• | prohibit cumulative voting in the election of our directors, which would otherwise permit less than a majority of stockholders to elect directors; |
• | prohibit stockholder action by written consent, thereby requiring all stockholder actions to be taken at a meeting of our stockholders; and |
• | provide our board of directors with the ability to designate the terms of and issue a new series of preferred stock without stockholder approval. |
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Exhibit | ||||
No. | Description. | |||
3.1 | Amended and Restated Certificate of Incorporation of Cardica, Inc.« | |||
3.2 | Amended and Restated Bylaws of Cardica, Inc. (1) | |||
3.3 | Certificate of Amendment of Amended and Restated Certificate of Incorporation of Cardica, Inc. | |||
4.1 | Warrant dated March 17, 2000 exercisable for 12,270 shares of common stock.« | |||
4.2 | Warrant dated October 31, 2002 exercisable for 60,017 shares of common stock.« | |||
4.3 | Form of Warrant dated June 2007. (2) | |||
4.4 | Form of Warrant dated September 30, 2009. (4) | |||
10.26 | Stock Purchase Agreement, dated August 16, 2010, by and between Cardica, Inc., and Intuitive Surgical Operations, Inc. (5) | |||
10.27 | Registration Rights Agreement, dated August 16, 2010, by and between Cardica, Inc., and Intuitive Surgical Operations, Inc. (5) | |||
10.28 | License Agreement, dated August 16, 2010, by and between Cardica, Inc., and Intuitive Surgical Operations, Inc. (6)† | |||
10.29 | Third Amendment to Office Lease, dated November 17, 2009, by and between Cardica, Inc., and HCP LS REDWOOD CITY, LLC (f/k/a Slough Redwood City, LLC). | |||
31.1 | Certification required by Rule 13a-14(a) or Rule 15d-14(a). | |||
31.2 | Certification required by Rule 13a-14(a) or Rule 15d-14(a). | |||
32.1 | * | Certification required by Rule 13a-14(b) and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. 1350). |
« | Filed as exhibits to the Company’s Registration Statement on Form S-1 filed with the Securities and Exchange Commission on November 4, 2005, as amended, and incorporated herein by reference. | |
* | The certification attached as Exhibit 32.1 accompanying this Quarterly Report on Form 10-Q is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Cardica, Inc., under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Quarterly Report on Form 10-Q and irrespective of any general incorporation language contained in any such filing. | |
† | Portions of this exhibit (indicated by asterisks) have been omitted pursuant to a request for confidential treatment. Omitted portions of this exhibit have been filed separately with the Securities and Exchange Commission. | |
(1) | Filed pursuant to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on August 19, 2008, and incorporated herein by reference. | |
(2) | Filed as an exhibit to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on June 13, 2007, excluding Item 3.02 and incorporated herein by reference. | |
(3) | Filed as an exhibit to the Company’s Registration Statement on Form S-3 filed with the Securities and Exchange Commission on October 15, 2007 and incorporated herein by reference. | |
(4) | Filed as an exhibit to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on September 29, 2009 and incorporated herein by reference. | |
(5) | Filed as an exhibit to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on August 20, 2010 and incorporated herein by reference. | |
(6) | Filed as an exhibit to the Company’s Annual Report on Form 10-K filed with the Securities and Exchange Commission on September 24, 2010 and incorporated herein by reference. |
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Cardica, Inc. | ||||
Date: November 15, 2010 | /s/ Bernard A. Hausen | |||
Bernard A. Hausen, M.D., Ph.D. | ||||
President, Chief Executive Officer, Chief Medical Officer and Director (Principal Executive Officer) | ||||
Date: November 15, 2010 | /s/ Robert Y. Newell | |||
Robert Y. Newell | ||||
Vice President, Finance and Chief Financial Officer (Principal Financial and Accounting Officer) |
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Exhibit | ||||
No. | Description. | |||
3.1 | Amended and Restated Certificate of Incorporation of Cardica, Inc.« | |||
3.2 | Amended and Restated Bylaws of Cardica, Inc. (1) | |||
3.3 | Certificate of Amendment of Amended and Restated Certificate of Incorporation of Cardica, Inc. | |||
4.1 | Warrant dated March 17, 2000 exercisable for 12,270 shares of common stock.« | |||
4.2 | Warrant dated October 31, 2002 exercisable for 60,017 shares of common stock.« | |||
4.3 | Form of Warrant dated June 2007. (2) | |||
4.4 | Form of Warrant dated September 30, 2009. (4) | |||
10.26 | Stock Purchase Agreement, dated August 16, 2010, by and between Cardica, Inc., and Intuitive Surgical Operations, Inc. (5) | |||
10.27 | Registration Rights Agreement, dated August 16, 2010, by and between Cardica, Inc., and Intuitive Surgical Operations, Inc. (5) | |||
10.28 | License Agreement, dated August 16, 2010, by and between Cardica, Inc., and Intuitive Surgical Operations, Inc. (6)† | |||
10.29 | Third Amendment to Office Lease, dated November 17, 2009, by and between Cardica, Inc., and HCP LS REDWOOD CITY, LLC (f/k/a Slough Redwood City, LLC). | |||
31.1 | Certification required by Rule 13a-14(a) or Rule 15d-14(a). | |||
31.2 | Certification required by Rule 13a-14(a) or Rule 15d-14(a). | |||
32.1 | * | Certification required by Rule 13a-14(b) and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. 1350). |
« | Filed as exhibits to the Company’s Registration Statement on Form S-1 filed with the Securities and Exchange Commission on November 4, 2005, as amended, and incorporated herein by reference. | |
* | The certification attached as Exhibit 32.1 accompanying this Quarterly Report on Form 10-Q is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Cardica, Inc., under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Quarterly Report on Form 10-Q and irrespective of any general incorporation language contained in any such filing. | |
† | Portions of this exhibit (indicated by asterisks) have been omitted pursuant to a request for confidential treatment. Omitted portions of this exhibit have been filed separately with the Securities and Exchange Commission. | |
(1) | Filed pursuant to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on August 19, 2008, and incorporated herein by reference. | |
(2) | Filed as an exhibit to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on June 13, 2007, excluding Item 3.02 and incorporated herein by reference. | |
(3) | Filed as an exhibit to the Company’s Registration Statement on Form S-3 filed with the Securities and Exchange Commission on October 15, 2007 and incorporated herein by reference. | |
(4) | Filed as an exhibit to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on September 29, 2009 and incorporated herein by reference. | |
(5) | Filed as an exhibit to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on August 20, 2010 and incorporated herein by reference. | |
(6) | Filed as an exhibit to the Company’s Annual Report on Form 10-K filed with the Securities and Exchange Commission on September 24, 2010 and incorporated herein by reference. |
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