UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-QSB (Mark One) /X/ Quarterly Report Under Section 13 or 15(d) of the Securities Exchange Act of 1934 (No Fee Required) For the quarterly period ended DECEMBER 31, 1999 Transition Report Under Section 13 or 15(d) of the Securities Exchange Act of 1934 (No Fee Required) For the transition period from __________ to __________ Commission file number 0-15318 BALLISTIC RECOVERY SYSTEMS, INC. ----------------------------------------------------------------- (Exact Name of Small Business Issuer as Specified in its Charter) Minnesota 41-1372079 - ------------------------------- ------------------------ (State or Other Jurisdiction of (IRS Employer ID Number) Incorporation or Organization) 300 Airport Road, South St. Paul, Minnesota, 55075-3541 ------------------------------------------------------- (Address of Principal Executive Offices) (612) 457-7491 ---------------------------------------------- Issuer's Telephone Number Including Area Code) ---------------------------------------------------- (Former Name, Former Address and Former Fiscal Year, If Changed Since Last Report) Check whether the issuer: (1) filed all reports required to be filed by section 13 or 15(d) of the Securities Exchange Act during the past 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 -------- ------- Number of shares outstanding as of February 11,2000: 5,902,464 -------------- 1 INDEX BALLISTIC RECOVERY SYSTEMS, INC. PART I. FINANCIAL INFORMATION Item 1. Financial Statements (Unaudited). Page ----- Balance sheets as of December 31, 1999 and September 30, 1999. 3 Statements of operations for the three months ended December 31, 1999 and 1998. 4 Statements of cash flow for the three months ended December 31, 1999 and 1998. 5 Notes to financial statements at December 31, 1999. 6 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations. 10 PART II. OTHER INFORMATION Item 1. Legal Proceedings 13 Item 6. Exhibits and Reports on Form 8-K 13 SIGNATURES 13 2 PART I FINANCIAL INFORMATION - Item I. Financial Statements BALLISTIC RECOVERY SYSTEMS, INC. BALANCE SHEETS (UNAUDITED) December 30, September 30, ASSETS 1999 1999 ---- ---- Current assets: Cash $ 140,557 $ 181,902 Accounts receivable - net of allowance for doubtful accounts of $2,500 and $2,500, respectively 30,113 59,074 Inventories 344,934 340,355 Deferred tax asset - current portion 25,000 25,000 Prepaid expenses 11,961 6,398 ----------- ----------- Total current assets 552,565 612,729 ----------- ----------- Furniture, fixtures and leasehold improvements 168,782 165,550 Less accumulated depreciation (109,449) (104,158) ----------- ----------- Furniture, fixtures and leasehold improvements - net 59,333 61,392 ----------- ----------- Other assets: Patents less accumulated amortization of $8,782 and $8,611, respectively 2,882 3,054 Deferred tax asset - long-term portion 275,000 275,000 Other intangible assets less accumulated amortization of $15,419 and $15,419, respectively 35,978 35,978 Covenant not to compete less accumulated amortization of $158,099 and $148,613, respectively 221,339 230,825 ----------- ----------- Total other assets 535,199 544,857 ----------- ----------- Total assets $ 1,147,097 $ 1,218,978 =========== =========== LIABILITIES AND SHAREHOLDERS' EQUITY Current liabilities: Accounts payable $ 44,455 $ 58,580 Customer deposits 77,641 94,257 Accrued payroll 29,798 35,958 Other accrued liabilities 50,372 67,450 Current portion of bank note 15,688 15,312 Current portion of covenant not to compete 26,902 26,175 ----------- ----------- Current liabilities 244,856 297,732 ----------- ----------- Long-term bank note and covenant, less current portions 196,205 207,275 ----------- ----------- Shareholders' equity: Common stock ($.01 par value; 10,000,000 shares authorized; 5,902,464 and 5,859,449 shares, respectively, issued and outstanding) 58,845 58,595 Additional paid-in capital 2,642,449 2,631,762 Accumulated deficit (1,995,258) (1,976,386) ----------- ----------- Total shareholders' equity 706,036 713,971 ----------- ----------- Total liabilities and shareholders' equity $ 1,147,097 $ 1,218,978 =========== =========== See Notes to Financial Statements. 3 BALLISTIC RECOVERY SYSTEMS, INC. STATEMENTS OF OPERATIONS For the Three Months Ended December 30, 1999 and 1998 (UNAUDITED) 1999 1998 ---- ---- Sales $ 459,616 $ 313,514 Cost of sales 307,666 218,933 ----------- ----------- Gross profit 151,950 94,581 Selling, general and administrative 106,509 123,578 Research and development, net 35,714 42,457 ----------- ----------- Income (loss) from operations 9,727 (71,454) Other income (expense): Other expense (10,124) --- Interest expense (8,989) (13,875) Covenant not to compete amortization (9,486) (9,486) ----------- ----------- Net income (loss) $ (18,872) $ (94,815) =========== =========== Basic earnings (loss) per share $ (0.00) $ (0.02) =========== =========== Weighted average number of shares outstanding 5,731,131 4,657,469 =========== =========== Diluted earnings (loss) per share $ (0.00) $ (0.02) =========== =========== Weighted average number of shares outstanding 6,057,733 4,841,400 =========== =========== See Notes to Financial Statements. 4 BALLISTIC RECOVERY SYSTEMS, INC. STATEMENTS OF CASH FLOW Increase (Decrease) in Cash For the Three Months Ended December 30, 1999 and 1998 (UNAUDITED) 1999 1998 ---- ---- Cash flow from operating activity: Net income (loss) $(18,872) $(94,815) Adjustments to reconcile net income to net cash from operating activity: Depreciation and amortization 5,463 5,583 Amortization of covenant not to compete 9,486 9,486 Inventory valuation reserve 3,000 3,000 (Increase) decrease in: Accounts receivable 28,961 198,329 Inventories (7,579) (47,425) Prepaid expenses (5,563) 698 Increase (decrease) in: Accounts payable (14,125) (43,093) Accrued expenses (39,854) 5,525 --------- --------- Net cash from operating activities (39,083) 37,288 --------- --------- Cash flow from investing activities: Investment in other intangible assets --- (1,875) Capital expenditures (3,232) (2,163) --------- --------- Net cash from investing activities (3,232) (4,038) --------- --------- Cash flow from financing activities: Principal payments on bank note (3,690) (2,765) Exercise of stock options 10,937 -- Principal payments on covenant not to compete (6,277) (3,710) --------- --------- Net cash from financing activities 970 (6,475) --------- --------- Increase (decrease) in cash (41,345) 26,775 Cash - beginning of year 181,902 20,100 --------- --------- Cash - end of period $140,557 $46,875 ========= ========= See Notes to Financial Statements. 5 BALLISTIC RECOVERY SYSTEMS, INC. NOTES TO FINANCIAL STATEMENTS December 31, 1999 (UNAUDITED) A. BASIS OF PRESENTATION The accompanying unaudited financial statements have been prepared in accordance with generally accepted accounting principles for interim financial information and with the instructions to Form 10-QSB and Article 10 of Regulation S-X. Accordingly, they do not include all of the information and footnotes required by generally accepted accounting principles for complete financial statements. In the opinion of management, all adjustments (consisting of normal recurring accruals) considered necessary for a fair presentation have been included. Operating results for the three month period ended December 31, 1999 are not necessarily indicative of the results that may be expected for the year ended September 30, 2000. For further information, refer to the consolidated financial statements and footnotes thereto included in the Company's summary annual report for the year ended September 30, 1999. B. INVENTORIES The components of inventory consist of the following: 12/31/99 09/30/99 -------- -------- Raw materials $233,555 $230,455 Work in process 90,032 88,837 Finished goods 21,347 21,063 -------- -------- Total inventories $344,934 $340,355 ======== ======== C. ACCOUNTS RECEIVABLE The Company sells to domestic and foreign companies. The Company grants uncollateralized credit to some customers, but the majority of sales are prepaid or shipped cash on delivery (COD). In addition, the Company's research and development projects are billed to its customers on an uncollateralized credit basis with terms of between net 15 and net 30 days. The estimated loss that management believes is probable is included in the allowance for doubtful accounts. Due to uncertainties in the collection process, however, it is at least reasonably possible that management's estimate will change during the next year. That amount cannot be estimated. D. CUSTOMER DEPOSITS The Company requires order deposits from most of its domestic and international customers. These deposits represent either partial or complete down payments for orders. These down payments are recorded as customer deposits. The deposits are recognized as revenue when the product is shipped. E. NEW PRODUCT DEVELOPMENT, R&D FUNDING AND INCOME RECOGNITION During fiscal year 1999, the Company began delivery of systems for a newly certified aircraft known as the Cirrus Design SR20 (SR20). The SR20 aircraft received Federal Aviation Administration (FAA) certification in October 1998 and includes the Company's parachute system as a standard equipment feature. The development of the system for the SR20 was a joint effort between the Company and Cirrus Design under an agreement that began in 1994 and culminated with FAA certification in late 1998. Under terms of the agreement, the Company has retained the developed technology for the parachute systems in general and the outside company has retained the developed technology that is specific to their individual aircraft. 6 BALLISTIC RECOVERY SYSTEMS, INC. NOTES TO FINANCIAL STATEMENTS December 31, 1999 (UNAUDITED) E. NEW PRODUCT DEVELOPMENT, R&D FUNDING AND INCOME RECOGNITION (CONTINUED) The Company completed a project through the Small Business Innovation Research grant (SBIR) program administered by NASA. The purpose of the grant was to perform research on low-cost, lightweight aircraft emergency recovery systems. The Company received initial funding during its fiscal year 1995 through a Phase I grant, and received subsequent funding through a Phase II grant beginning in fiscal year 1996. The Phase II grant, which began in March 1996, was for a maximum of $582,000 and was completed during the Company's fiscal year 1999. The purpose of the grant was not only to provide research in areas of interest to NASA, but also to develop products that can be commercialized by the small business entity. The Company hopes that the research will lead to products that have both military and civilian applications complimenting or enhancing the Company's current product line. Also during fiscal year 1999, the Company completed work under a development contract for a recovery system for a prototype-unmanned aircraft being developed by a government contractor. The contract that began in 1996 was for a maximum amount of $150,000, and called for the development and delivery of a series of recovery devices both for use in testing, and possibly in future production models. At the end of fiscal year 1999, the Company began efforts to generate interest in a recovery system for the certified Cessna 172 aircraft. The Company began a marketing and media campaign designed to solicit purchase commitments from owners of Cessna 172 aircraft which would in turn provide partial or complete funding for the development and certification of the system. To date, the Company has received three signed purchase commitments and requests for contracts from 50 additional prospects. The Company plans to continue its efforts during fiscal year 2000 and assess the viability of such development during that year. F. PURCHASE AND SUPPLY AGREEMENT On September 17, 1999, the Company entered into a Purchase and Supply Agreement with Cirrus Design Corporation (Cirrus), the manufactured of the SR20 aircraft that utilizes the Company's parachute system as standard equipment. Under the Agreement, Cirrus has been issued four warrants to acquire an aggregate of up to 1.4 million shares of restricted Company stock. In order to execute the warrants, Cirrus must meet certain purchase levels of the Company's emergency parachute systems for the SR20 aircraft over the subsequent five years. The purchase levels that must be achieved along with the corresponding number of shares under each warrant and warrant strike price are as follows: Exercise Price per Warr # Exercise Period Warrant Shares Warrant Share Purchase Commitment ------ --------------- -------------- ------------- -------------------- 1 01-2002 to 02-2003 250,000 $1.00 250 units in calendar 2002 2 01-2003 to 02-2004 250,000 $1.00 400 units in calendar 2003 3 01-2003 to 02-2004 250,000 $1.25 400 units in calendar 2003 4 01-2004 to 02-2005 650,000 $1.25 500 units in calendar 2004 If the minimum purchase levels are met, then Cirrus has the right to exercise the warrant during the exercise period for the stated exercise price. In the event that Cirrus does not meet the minimum purchase levels, Cirrus will forfeit the right to exercise the corresponding warrant. 7 BALLISTIC RECOVERY SYSTEMS, INC. NOTES TO FINANCIAL STATEMENTS December 31, 1999 (UNAUDITED) F. PURCHASE AND SUPPLY AGREEMENT (CONTINUED) If Cirrus fulfills their purchase commitments and exercises their warrants, the impact on equity may be as follows (Assumes equity contributions based on the exercise of all warrants near the end of the exercise period): Fiscal Year Equity Contribution ----------- ------------------- 2003 $ 250,000 2004 562,500 2005 812,500 ---------- Total $1,625,000 ========== G. COVENANT NOT TO COMPETE On October 26, 1995 the Company entered into an agreement with the president and majority shareholder of Second Chantz Aerial Survival Equipment, Inc. (SCI), whereby SCI ceased all business activities, and SCI's president and majority shareholder entered into a ten year covenant not to compete with the Company. In exchange for the above the Company agreed to make payments on the covenant not to compete. The agreement did not involve a stock or asset purchase. In addition, the Company did not agree to assume any liabilities of SCI or its president. The payments required under this agreement contain a non-interest-bearing portion and a portion that bears interest at a rate below the Company's incremental borrowing rate. Under generally accepted accounting principles the future payments have been discounted at the Company's incremental borrowing rate of 11.0% resulting in a resulting in a present dollar valuation of $379,438 on the $584,362 future dollar valuation. The carrying amount of this debt approximates fair value because the interest rate approximates the Company's incremental borrowing rate. The non interest bearing note called for monthly payments of $1,500 for forty-six months (February 1996 to November 1999). However, the Company negotiated a discount on this note and accelerated payments that were completed in December 1997. The 4% ten year note calls for monthly payments of $4,036 (November 1995 to October 2005). Payments under this agreement are unsecured. The present value of the Company's obligation under this agreement was recorded as an intangible asset and is being amortized over ten years as shown in the accompanying financial statements. Future payments under this agreement are as follows: Future Present Dollars Dollars ------- -------- 2000 48,436 26,176 2001 48,436 29,204 2002 48,436 32,583 2003 48,436 36,354 2004 48,436 40,561 Thereafter 7,722 49,255 ----- ------ $249,902 $214,133 ======== ======== 8 BALLISTIC RECOVERY SYSTEMS, INC. NOTES TO FINANCIAL STATEMENTS December 31, 1999 (UNAUDITED) G. COVENANT NOT TO COMPETE (CONTINUED) The Company also granted SCI's president an option to purchase 50,000 shares of the Company's common stock at an exercise price of $.25. This option has a ten-year life and vests 20% per year over five years. H. LONG-TERM DEBT On November 5, 1996, the Company signed a note payable with the bank in the amount of $70,030. The purpose of the loan was to pay for renovations to the current production facility that the company took possession of on October 1, 1996. The note calls for interest at a rate 2% over the bank's index rate, which was 8.25% at the time of signing. The index rate was 8.25% as of December 31, 1999, which computes to a total interest rate of 10.25%. The note has scheduled payments over a sixty-month period of $1,501 per month. The scheduled maturity date of the note is November 5, 2001. However, the note has a demand provision, which can be exercised by the bank at any time, but no demand for payment in full is expected during the term of the note. The carrying amount of this debt approximates fair value because the interest rate changes with market rates. This loan is secured by all of the Company's assets. I. LINE OF CREDIT BORROWINGS Beginning February 24, 1998, the Company has been operating under a $150,000 line-of-credit for use in operations. The line-of-credit was established on an annual renewal basis and is secured by all of the Company's assets. The latest line-of-credit expires February 28, 2000. The line calls for a variable interest rate of 2% over the bank's index rate. At December 31, 1999, there was no outstanding balance under the line, which carried an interest rate of 10.25%. The Company expects to renew the line each year following the review of its financial results and projections with the bank. J. INCOME TAXES Differences between accounting rules and tax laws cause differences between the bases of certain assets and liabilities for financial reporting purposes and tax purposes. The tax effects of these differences, to the extent they are temporary, are recorded as deferred tax assets and liabilities under SFAS 109. During 1998 the Company reduced the valuation allowance relating to the deferred tax assets to reflect current and projected utilization. The recognized deferred tax asset is based upon expected utilization of the net operating loss carryforwards and reversal of certain timing differences. The Company has assessed its past earnings history and trends, sales backlog, budgeted sales, and expiration dates of carryforwards and has determined that it is more likely than not that $300,000 of deferred tax assets will be utilized. The remaining valuation allowance of $680,000 at December 31, 1999 is maintained on deferred tax assets which the Company has not determined to be more likely than not realized at this time. 9 ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS BUSINESS OVERVIEW: During the prior fiscal year, the Company turned the page of a new chapter in its long history of providing whole aircraft parachute recovery systems. Last year marked the first time that a parachute system was delivered to a customer that will install it as standard equipment on a certified general aviation aircraft. The Cirrus Design SR20 (SR20) is the first in a series of aircraft to be manufactured by Cirrus Design Corporation (Cirrus) that has chosen to offer the Company's product as a standard feature. As of the beginning of February 2000, the customer has firm orders for approximately 500 aircraft that will all include the Company's parachute systems. The customer expects to be able to fill this backlog of orders during the next 24 to 36 months. Future production volumes for the aircraft, and therefore, the Company's parachute systems, will be dictated by ultimate market demands. The Company is currently discussing offering its product to the customer for future models of aircraft that the customer plans to manufacture. The Company believes that this will help to propel it forward into offering its systems to other manufactures and customers in the certified general aviation market. On March 30, 1999, the Company made its first two scheduled deliveries under the open purchase order with Cirrus. The open purchase order is for the first 100 units to be delivered. To date, the Company has delivered 31 units. These sales accounted for approximately 21% of the Company's total revenues for the current fiscal year quarter. The Company believes that the customer will gradually accelerate its production schedule as indicated in current purchase orders. Although there can be no assurances that the Cirrus aircraft will be successful in its continued market acceptance, the Company expects to make an increasing number of sales to Cirrus as they continue to increase production and fill their increasing backlog of customer orders. During the prior fiscal year the Company has moved into a period of transition from research and development to production and market development. This has resulted in the Company's shift from its position of being able to sell its research and development capabilities to a need to expend capital and resources to get the developed products and technologies on the market and to look for new applications for those products and technologies. The Company believes that this shift, which has resulted in temporary reduction in operating profits, will result in revenue growth and improved profitability. In addition, the Company anticipated being able to expand its product line to include other certified and uncertified aircraft as the recovery system gains further market acceptance. The Company has been in discussions with the US military and several foreign companies that have expressed interest in utilizing the Company's newly developed technology. No assurance can be made as to the future benefits that will be derived from these discussions. At the end of July 1999, the Company announced a program that is intended to lead to the introduction of a parachute recovery system for the Cessna 172 aircraft. The Cessna 172 is one of the most popular general aviation aircraft with approximately 36,000 planes manufactured. Twenty-eight thousand Cessna 172's are estimated to be in active service in the United States at this time. Under the program, the Company is asking 172 owners to make deposits towards the purchase of a recovery system. Once a certain number of owners have made their deposits, the Company will begin the certification process with the FAA. Once certified, the Company will begin manufacturing and delivery of units to the owners that have placed deposits. The Company expects to be successful in its solicitation efforts, but no assurances can be made of its success or the long-term financial benefits to the Company. As of the beginning of February 2000, the Company has received signed contracts with deposits from three owners of 172 aircraft as well as contract requests from 50 additional prospects. 10 ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS (CONTINUED) Another long-standing outside research and development project was for a research grant under the SBIR program administered by NASA. Under the project, the Company explored the possibilities of developing a new fabric for parachute manufacturing that would reduce the weight and volume of currently existing parachute recovery systems. Final testing was completed in February 1999 and final reports and test articles were submitted to NASA on March 8, 1999. As a result of the project, the Company applied for a patent for the new manufacturing method that was developed. The Company expects to be able to utilize the developed technology for a wide range of applications. This expectation is based on the Company's belief in its ability to further develop the technology either on its own or through cooperative efforts with outside companies or agencies. The future applications will depend on a complete review of market conditions, product acceptance and available funding. The Company has begun discussions with a foreign company that has expressed interest in the developed technology for currently existing commercial and military applications. No assurance can be made as to the future benefits that will be derived from these discussions. RESULTS OF OPERATIONS: SALES Sales for the current fiscal year quarter were ahead of the prior year quarter by approximately 47%. Approximately two-thirds of the increase is a result of deliveries for the Cirrus Design SR20. The remainder of the increase is a result of a stronger domestic recreational aircraft market and the start of improved sales in the international recreational aircraft market. The Company has expanded its efforts to improve international business in the recreational aircraft market, but there can be no assurances that these efforts will produce increased sales for the Company. Sales in the recreational aircraft market for fiscal year 2000 are expected to be even or slightly higher than the prior fiscal year as a result of the Company's efforts to improve international business and the improvement in domestic aircraft sales. In addition to recreational market sales, it is expected that the Company will continue delivery of systems for the newly certified Cirrus Design SR20 aircraft. The Company made its first two scheduled deliveries on March 30, 1999 with a total of 31units delivered to date. These deliveries were under an open purchase order for the first 100 units. The remainder of these first 100 units is expected to be delivered by the end of the Company's current fiscal year. However, volume projections and timing of those volumes is uncertain at this time. Although certified, there can be no assurances that this aircraft will actually be produced in volumes that will have a material effect on the Company. GROSS MARGIN The gross margin for the current fiscal year was better than that of the previous fiscal year by approximately 3%. The Company has made a concerted effort to hold and improve the gross margin despite material cost increases. No assurances can be made that this effort will result in steady or improving gross margins into the future or if gross margins will decrease in the future. OPERATING EXPENSES: Selling, general and administrative costs have been reduced slightly in actual dollars with that of the prior fiscal year and decreased as a percent of sales by 16.2%. Expenditures in this category are expected to increase as the Company accelerates its efforts to expand the general aviation market while strengthening the sport and recreational market sales. In addition, the Company will be adding additional administrative support as sales volumes increase. 11 ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS (CONTINUED) NET INCOME (LOSS) The net loss for the current fiscal years was reduced by 80% from 30% of sales in the prior year to 4% of sales in the current year. This improvement was a result of the combination of expanded sales, improved gross margins and cost containment of operating expenses. Income for the remainder of the fiscal year is expected to increase as a result of increased sales in both the certified and non-certified markets. As the Company expands into different aircraft markets and expands its product applications, market conditions will determine ultimate sales levels and profitability. LIQUIDITY AND CAPITAL RESOURCES: Management intends to fund all of its continuing operation out of its current revenues with the exception of its contract research and development projects. The Company has also established a line-of-credit for use in operations as required. Management believes that the current business operation is adequate to support the ongoing operations of the Company during the next twelve-month period and will maintain and adjust expenses as necessary to improve profitability. The Company will continue to look for sources for contract research and development projects, but there can be no assurances that the Company will be successful in its efforts. The Company anticipates a need to make capital improvements to its current production facility as well as expenditures to increase inventory levels as a result of the production of general aviation units for the recovery system that was recently certified. It is currently the intention of the Company to fund the expenditures through current operations as well as revenues generated by those units. With the receipt of certification on October 23, 1998, the Cirrus Design SR20 aircraft became the first FAA certified aircraft to offer one of the Company's parachute systems as standard equipment. Production of the aircraft is currently underway and the first two end-customer aircraft were delivered in July 1999. The Company made its first two scheduled deliveries of parachute systems on March 30, 1999 with a total of 31 units delivered to date. The Company is currently building parachute systems under an open 100-unit purchase order, which is expected to be filled by the end of the current fiscal year. Although certified, there can be no assurances that this aircraft will actually be produced in volumes that will have a material effect on the Company. The Company completed work on its Small Business Innovation Research grant (SBIR) through NASA on March 8, 1999. The purpose of the grant was to perform research of low-cost, lightweight aircraft emergency recovery systems. The Phase II grant, which began in March 1996, was for a maximum of $582,000. The Company is currently looking for applications of the developed technology and is in discussions with a foreign company that is interested in the technology for their current military and commercial products. The Private Securities Litigation Reform Act of 1995 provides "safe harbor" for forward-looking statements. Certain information included in this Form 10-QSB and other materials filed or to be filed by the Company with the Securities and Exchange Commission (as well as information included in oral statements or other written statements made or to be made by the Company) contain statements that are forward-looking, such as statements relating to plans for research projects, anticipated Cirrus delivery schedules, other business development activities as well as other capital spending, financial sources and the effects of competition. Such forward-looking information involves important risks and uncertainties that could significantly affect anticipated results in the future and, accordingly, such results may differ from those expressed in any forward-looking statements made by or on behalf of the Company. These risks and uncertainties include, but are not limited to, the elimination of funding for new research and development projects, the decline in unregistered aircraft sales, potential product liability claims, dependence on discretionary consumer spending, dependence on existing management, general economic conditions, changes in federal or state laws or regulations. 12 PART II. OTHER INFORMATION Item 1. Legal Proceedings The Company was named in a lawsuit based on a claim from a former supplier of the Company. The Company has made a counter claim against the vendor for damages sustained by the Company. Although there can be no assurances, the Company believes that the counter claim is valid and the potential for future liability in this matter is not material to the Company's financial position. Item 6. Exhibits and Reports on Form 8-K There are no exhibits and the Company did not file any reports on Form 8-K for the three months ended December 31, 1999. SIGNATURES In accordance with the requirements of the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. BALLISTIC RECOVERY SYSTEMS, INC. By /s/ Mark B. Thomas ------------------ Mark B. Thomas Chief Executive Officer and Chief Financial Officer Dated February 11, 2000 13