SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 29, 1999 Gilead Sciences, Inc. - -------------------------------------------------------------------------------- (Exact Name of Registrant as specified in its Charter) Delaware 000-19731 94-3047598 - -------------------------------------------------------------------------------- (State or other jurisdiction (Commission File No.) (I.R.S. Employer of corporation) Identification No.) 333 Lakeside Drive Foster City, California 94404 - -------------------------------------------------------------------------------- (Address of Principal (Zip Code) Executive Offices) Registrant's telephone number, including area code: (650) 574-3000 ---------------------------- N/A - -------------------------------------------------------------------------------- (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS. On July 29, 1999, Gilead Sciences, Inc. ("Gilead") acquired all of the outstanding stock of NeXstar Pharmaceuticals, Inc., a Delaware corporation (the "Company" or "NeXstar"), pursuant to an Agreement and Plan of Merger, dated as of February 28, 1999 (the "Merger Agreement"), among Gilead, the Company, and a merger subsidiary wholly owned by Gilead. Pursuant to the Merger Agreement, the Company was merged with the wholly owned subsidiary of Gilead, with the Company as the surviving corporation (the "Merger"). As a result of the Merger, the Company became a wholly owned subsidiary of Gilead. The Merger is intended to qualify as a tax-free reorganization and to be accounted for as a "pooling of interests." Attached hereto as Exhibit 99.1 are audited supplemental consolidated balance sheets of Gilead as of December 31, 1998 and 1997, the supplemental consolidated statements of operations, stockholders' equity and cash flows for each of the three years in the period ended December 31, 1998, and the related supplemental financial statement schedule, representing Gilead's and NeXstar's combined operations for these periods. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (a) Financial Statements of Business acquired: None (b) Pro Forma Financial Information: None (c) Exhibits: See Exhibit Index. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this Report to be signed on its behalf by the undersigned thereunto duly authorized. Date: September 15, 1999 By: /s/ Mark L. Perry ------------------------------------- Mark L. Perry Senior Vice President, Chief Financial Officer & General Counsel EXHIBIT INDEX EXHIBIT NO. DOCUMENT 23.1 Consent of Ernst & Young LLP, independent auditors 99.1 Audited supplemental financial statements and supplemental financial statement schedule