UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 10-K/A

Amendment No. 1

 

(Mark One)

| ☒ | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
|---------|------------------------------------------------------------------------------------------------|

For the fiscal year ended: December 31, 2018

Or

| ☐ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
|---------|----------------------------------------------------------------------------------------------------|

For the transition period from                     to                     

Commission file number: 001-34655

 

AVEO PHARMACEUTICALS, INC.

(Exact Name of Registrant as Specified in Its Charter)

 

 

| Delaware                                                        |   | 04-3581650                            |
|-----------------------------------------------------------------|--------|---------------------------------------|
| (State or Other Jurisdiction of

Incorporation or Organization) |   | (I.R.S. Employer

Identification No.) |

One Broadway, 14th Floor

Cambridge, Massachusetts 02142

(Address of Principal Executive Offices) (zip code)

Registrant’s telephone number, including area code: (617) 588-1960

Securities registered pursuant to Section 12(b) of the Act:

 

| Title of each class      |   | Name of each exchange on which registered  |
|-------------------------------|--------|-------------------------------------------------|
| Common Stock, $.001 par value |   | Nasdaq Capital Market                           |

Securities registered pursuant to Section 12(g) of the Act:

None

 

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.    Yes  ☐    No  ☒

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act.    Yes  ☐    No  ☒

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 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  ☒    No  ☐

Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit such files).    Yes  ☒    No  ☐

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K (§229.405) is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.  ☒

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or emerging growth company. See definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company,” and “emerging growth company” in Rule 12b-2 of the Exchange Act.

 

| Large accelerated filer |   | ☐             |   | Accelerated filer                   |   | ☒ |
|-----------------------------------|--------|---------------------|--------|------------------------------------------|--------|---------|
| Non-accelerated filer             |   | ☐   |   | Smaller reporting company      |   | ☒ |
|                              |   |                |   | Emerging growth company   |   | ☐ |

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.    ☐

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).    Yes  ☐    No   ☒

The aggregate market value of the registrant’s common stock, $0.001 par value per share, held by non-affiliates of the registrant, based on the last reported sale price of the common stock on the Nasdaq Capital Market at the close of business on June 29, 2018, was $204,881,812.

The number of shares outstanding of the registrant’s Common Stock as of March 8, 2019 were 139,000,340.

Documents incorporated by reference:

Portions of our definitive proxy statement for our 2019 annual meeting of stockholders are incorporated by reference into Part III of this Annual Report on Form 10-K.

 

 

 

----

 

 EXPLANATORY NOTE

AVEO Pharmaceuticals, Inc. (the “Company”) is filing this Amendment No. 1 on Form 10-K/A (“Amendment”) to amend its Annual Report on Form 10-K for the fiscal year ended December 31, 2018 (the “Form 10-K”), which was originally filed with the Securities and Exchange Commission (the “SEC”) on March 14, 2019. The purpose of this Amendment is to refile Exhibit 10.36, which was originally filed with the Form 10-K, to transition to the requirements set forth in Item 601(b) of Regulation S-K permitting registrants to omit confidential information from material contracts filed pursuant to Item 601(b)(10) without the need to submit a confidential treatment request to the SEC.

This Amendment speaks as of the original filing date and does not reflect events occurring after the filing of the Form 10-K or modify or update disclosures that may be affected by subsequent events. No revisions are being made to the Company’s financial statements or any other disclosure contained in the Form 10-K.

This Amendment is an exhibit-only filing. Except for the changes to Exhibit 10.36, this Amendment does not otherwise update any exhibits as originally filed or previously amended.

In addition, as required by Rule 12b-15 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), new certifications by the Company’s principal executive officer and principal financial officer are filed herewith as exhibits to this Amendment pursuant to Rule 13a-14(a) or 15d-14(a) of the Exchange Act. As no financial statements have been included in this Amendment and this Amendment does not contain or amend any disclosure with respect to Items 307 and 308 of Regulation S-K, paragraphs 3, 4, and 5 of the certifications have been omitted. The Company is not including certifications pursuant to Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. 1350) as no financial statements are being filed with this Amendment.

 

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PART IV

 

ITEM 15.Exhibits, Financial Statement Schedules

 

(a)The following documents are included as part of the Company’s Annual Report on Form 10-K filed with the SEC on  March 14, 2019:

 

(1)Financial Statements

 

Report of Independent Registered Public Accounting Firm

Consolidated Balance Sheets

Consolidated Statements of Operations

Consolidated Statements of Comprehensive Loss) Income

Consolidated Statements of Stockholders’ (Deficit) Equity

Consolidated Statements of Cash Flows

Notes to Consolidated Financial Statements

 

(2)Schedules

 

Schedules have been omitted as all required information has been disclosed in the financial statements and related footnotes.

 

(3)Exhibits

 

(b) The following exhibits are filed herewith or incorporated by reference:

 

EXHIBIT INDEX

 

|                        |   |                                                                                                                                                           |   | Incorporated by Reference |   | FiledHerewith |
|-----------------------------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|---------------------------|--------|---------------|
| ExhibitNumber               |   | Description of Exhibit                                                                                                                                         |   | Form                      |   | File Number   |   | Date ofFiling |   | ExhibitNumber |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|                        |   | Articles of Incorporation and Bylaws                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|     3.1 |   | Restated Certificate of Incorporation of the Registrant                                                                                                        |   | 8-K                       |   | 001-34655     |   | 03/18/2010 |   | 3.1 |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|     3.2 |   | Certificate of Amendment of Restated Certificate of Incorporation of the Registrant                                                                            |   | 8-K                       |   | 001-34655     |   | 06/03/2015 |   | 3.1 |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|     3.3 |   | Certificate of Amendment of Restated Certificate of Incorporation of the Registrant                                                                            |   | 10-Q                      |   | 001-34655     |   | 08/09/2017 |   | 3.1 |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|     3.4 |   | Second Amended and Restated Bylaws of the Registrant                                                                                                           |   | S-1/A                     |   | 333-163778    |   | 02/08/2010 |   | 3.5 |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|                        |   | Instruments Defining the Rights of Security Holders, Including Indentures                                                                                      |   |                      |   |          |   |   |   |   |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|     4.1 |   | Specimen Stock Certificate evidencing the shares of common stock                                                                                               |   | S-1/A                     |   | 333-163778    |   | 03/09/2010 |   | 4.1 |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|     4.2 |   | Registration Rights Agreement, dated May 13, 2016, by and among the Company and the Investors named therein                                                    |   | 8-K                       |   | 001-34655     |   | 05/13/2016 |   | 10.3 |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|     4.3 |   | Warrant Agreement, dated July 16, 2018, by and among the Company and Computershare Inc. and Computershare Trust Company, N.A., acting jointly as Warrant Agent |   | 8-K                       |   | 001-34655     |   | 07/16/2018 |   | 4.1 |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|                        |   | Material Contracts—Management Contracts and Compensatory Plans                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|                        |   |                                                                                                                                                           |   |                      |   |          |   |   |   |   |   |   |
|   10.1            |   | 2002 Stock Incentive Plan, as amended                                                                                                                          |   | S-1/A                     |   | 333-163778    |   | 02/23/2010 |   | 10.1 |   |   |

 

----

 

|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|-------------------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|------------|--------|-----------------|--------|--------|--------|--------|
|   10.2  |   | Form of Incentive Stock Option Agreement under 2002 Stock Incentive Plan                                                                             |   | S-1    |   | 333-163778 |   | 12/16/2009      |   | 10.2   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.3  |   | Form of Nonstatutory Stock Option Agreement under 2002 Stock Incentive Plan                                                                          |   | S-1    |   | 333-163778 |   | 12/16/2009      |   | 10.3   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.4  |   | Form of Restricted Stock Agreement under 2002 Stock Incentive Plan                                                                                   |   | S-1    |   | 333-163778 |   | 12/16/2009      |   | 10.4   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.5  |   | Second Amended and Restated 2010 Stock Incentive Plan                                                                                                |   | 8-K    |   | 001-34655  |   | 06/27/2017      |   | 99.1   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.6  |   | Form of Incentive Stock Option Agreement under 2010 Stock Incentive Plan                                                                             |   | S-1/A  |   | 333-163778 |   | 02/08/2010      |   | 10.6   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.7  |   | Form of Nonqualified Stock Option Agreement under 2010 Stock Incentive Plan                                                                          |   | S-1/A  |   | 333-163778 |   | 02/08/2010      |   | 10.7   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.8  |   | Form of Restricted Stock Agreement under 2010 Stock Incentive Plan                                                                                   |   | 10-K   |   | 001-34655  |   | 03/30/2012      |   | 10.8   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.9  |   | Key Employee Change in Control Severance Benefits Plan                                                                                               |   | S-1    |   | 333-163778 |   | 12/16/2009      |   | 10.8   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.10 |   | 2010 Employee Stock Purchase Plan, as amended                                                                                                        |   | S-1/A  |   | 333-163778 |   | 02/23/2010      |   | 10.17  |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.11 |   | Amendment No. 1 to 2010 Employee Stock Purchase Plan                                                                                                 |   | 8-K    |   | 001-34655  |   | 06/04/2013      |   | 99.2   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.12 |   | Offer Letter by Registrant to Michael Bailey, dated as of January 6, 2015                                                                            |   | 10-Q   |   | 001-34655  |   | 05/07/2015      |   | 10.1   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.13 |   | Severance Agreement, dated September 13, 2010, by and between the Registrant and Michael Bailey                                                      |   | 10-Q   |   | 001-34655  |   | 11/05/2010      |   | 10.1   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.14 |   | Letter Agreement regarding Retention Bonus Award and Severance Agreement, dated February 3, 2014, by and between the Company and Michael Bailey |   | 10-K   |   | 001-34655  |   | 3/13/2014       |   | 10.22  |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.15 |   | Offer Letter by the Registrant to Michael Needle, dated January 8, 2015                                                                              |   | 10-Q   |   | 001-34655  |   | 05/07/2015      |   | 10.4   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.16 |   | Severance and Change in Control Agreement, dated as of January 9, 2015, by and between the Registrant and Michael Needle                             |   | 10-Q   |   | 001-34655  |   | 05/07/2015      |   | 10.2   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.17 |   | Offer Letter by and between the Registrant and Matthew Dallas, dated May 8, 2017                                                                     |   | 8-K    |   | 001-34655  |   | 05/17/2017      |   | 10.1   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.18 |   | Severance and Change in Control Agreement, dated November 20, 2017, by and between the Registrant and Matthew Dallas                                 |   | 8-K    |   | 001-34655  |   | 11/20/2017      |   | 10.1   |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.19 |   | Offer Letter by and between the Registrant and Nikhil Mehta, dated November 10, 2017                                                                 |   | 10-K   |   | 001-34655  |   | 3/13/2018       |   | 10.21  |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.20 |   | Severance and Change in Control Agreement, dated November 20, 2017, by and between the Registrant and Nikhil Mehta                                   |   | 10-K   |   | 001-34655  |   | 3/13/2018       |   | 10.22  |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.21 |   | Offer Letter by and between the Registrant and Karuna Rubin dated June 16, 2015                                                                      |   | 10-K   |   | 001-34655  |   | 3/14/2019  |   | 10.21  |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |
|   10.22 |   | Severance and Change in Control Agreement, dated March 13, 2019, by and between the Registrant and Karuna Rubin                                      |   | 10-K   |   | 001-34655  |   | 3/14/2019       |   | 10.22  |   |   |
|              |   |                                                                                                                                                 |   |   |   |       |   |            |   |   |   |   |

 

----

 

|                       |   | Material Contracts—Financing Agreements                                                                                                              |   |   |   |       |   |       |   |   |   |   |
|---------------------------------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|------------|--------|------------|--------|--------|--------|--------|
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.23                    |   | Securities Purchase Agreement, dated May 13, 2016, by and among the Company and the Investors named therein                                                |   | 8-K    |   | 001-34655  |   | 05/13/2016 |   | 10.1   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.24               |   | Form of Warrant to Purchase Common Stock                                                                                                                   |   | 8-K    |   | 001-34655  |   | 05/13/2016 |   | 10.2   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.25               |   | Amended and Restated Loan and Security Agreement, dated December 28, 2017, by and among the Registrant and the parties named therein.                      |   | 8-K    |   | 001-34655  |   | 01/02/2018 |   | 10.1   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.26               |   | Sales Agreement dated February 16, 2018, by and between the Company and Leerink Partners LLC                                                               |   | 8-K    |   | 001-34655  |   | 02/16/2018 |   | 1.1    |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|                            |   | Material Contracts—License and Strategic Partnership Agreements                                                                                      |   |   |   |       |   |       |   |   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.27†        |   | License Agreement, dated as of December 21, 2006, by and between the Registrant and Kirin Brewery Co. Ltd.                                       |   | S-1    |   | 333-163778 |   | 12/16/2009 |   | 10.22  |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.28†        |   | Option and License Agreement, dated as of March 18, 2009, by and between the Registrant and Biogen Idec International GmbH                            |   | S-1    |   | 333-163778 |   | 12/16/2009 |   | 10.26  |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.29†        |   | Amendment No. 1 to Option and License Agreement, dated as of March 18, 2014 by and between the Registrant and Biogen Idec MA Inc.                          |   | 10-Q   |   | 001-34655  |   | 05/07/2014 |   | 10.1   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.30†        |   | Co-Development and Collaboration Agreement, dated as of April 9, 2014 by and between the Registrant and Biodesix Inc.                                      |   | 10-Q   |   | 001-34655  |   | 05/07/2014 |   | 10.2   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.31†        |   | License Agreement, dated August 13, 2015, by and between the Registrant and Novartis International Pharmaceutical Ltd.                                     |   | 10-Q   |   | 001-34655  |   | 11/09/2015 |   | 10.2   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.32†        |   | Amended and Restated License Agreement, dated August 13, 2015, by and between the Registrant and St. Vincent’s Hospital Sydney Limited               |   | 10-Q   |   | 001-34655  |   | 11/09/2015 |   | 10.3   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.33†        |   | License Agreement, dated December 18, 2015, by and between the Registrant and EUSA Pharma (UK) Limited                                                     |   | 10-K   |   | 001-34655  |   | 03/15/2016 |   | 10.42  |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.34†        |   | Collaboration and License Agreement, dated March 17, 2016, by and between the Registrant and CANbridge Life Sciences Ltd.                                  |   | 10-Q   |   | 001-34655  |   | 05/10/2016 |   | 10.1   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.35†        |   | First Amendment, dated October 14, 2016, to Co-Development and Collaboration Agreement, dated April 9, 2014, by and between the Company and Biodesix, Inc. |   | 10-Q   |   | 001-34655  |   | 11/04/2016 |   | 10.1   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.36†† |   | Agreement, dated December 18, 2018, by and between the Registrant and Novartis International Pharmaceutical Ltd.                                           |   |   |   |       |   |       |   |   |   | X      |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|                            |   | Additional Exhibits                                                                                                                                        |   |   |   |       |   |       |   |   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |
|   10.37               |   | Memorandum of Understanding, dated December 26, 2017, by and among the Company and the parties named therein                                               |   | 8-K    |   | 001-34655  |   | 12/26/2017 |   | 10.1   |   |   |
|                            |   |                                                                                                                                                       |   |   |   |       |   |       |   |   |   |   |

 

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|   10.38 |   | Stipulation of Settlement, dated January 29, 2018, by and among the Company and the parties named therein                                            |   | 10-Q       |   | 001-34655 |   | 5/8/2018  |   | 10.2    |   |   |
|-------------------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------|--------|------------|--------|-----------|--------|-----------|--------|---------|--------|--------|
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
|   21.1  |   | Subsidiaries of the Registrant                                                                                                                       |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 21.1    |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
|   23.1  |   | Consent of Ernst & Young LLP                                                                                                                     |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 23.1    |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
|   31.1  |   | Certification of principal executive officer pursuant to Rule 13a-14(a)/15d-14(a) of the Securities Exchange Act of 1934, as amended.                |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 31.1    |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
|   31.2  |   | Certification of principal financial officer pursuant to Rule 13a-14(a)/15d-14(a) of the Securities Exchange Act of 1934, as amended.                |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 31.2    |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
|   31.3  |   | Certification of principal executive officer pursuant to Rule 13a-14(a)/15d-14(a) of the Securities Exchange Act of 1934, as amended.                |   |       |   |      |   |      |   |    |   | X      |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
|   31.4  |   | Certification of principal financial officer pursuant to Rule 13a-14(a)/15d-14(a) of the Securities Exchange Act of 1934, as amended.                |   |       |   |      |   |      |   |    |   | X      |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
|   32.1* |   | Certification of principal executive officer pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |   |       |   |      |   |      |   |    |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
|   32.2* |   | Certification of principal financial officer pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |   |       |   |      |   |      |   |    |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
| 101.INS           |   | XBRL Instance Document.                                                                                                                              |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 101.INS |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
| 101.SCH           |   | XBRL Taxonomy Extension Schema Document.                                                                                                             |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 101.SCH |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
| 101.CAL           |   | XBRL Taxonomy Calculation Linkbase Document.                                                                                                         |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 101.CAL |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
| 101DEF            |   | XBRL Taxonomy Extension Definition Linkbase Document.                                                                                                |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 101DEF  |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
| 101.LAB           |   | XBRL Taxonomy Label Linkbase Document.                                                                                                               |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 101.LAB |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |
| 101.PRE           |   | XBRL Taxonomy Presentation Linkbase Document.                                                                                                        |   | 10-K  |   | 001-34655 |   | 3/14/2019 |   | 101.PRE |   |   |
|              |   |                                                                                                                                                 |   |       |   |      |   |      |   |    |   |   |

 

†Confidential treatment has been granted as to certain portions, which portions have been omitted and separately filed with the SEC.

 

††Certain portions of this exhibit are subject to confidential treatment.

 

*Furnished as an exhibit to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2018.

 

 

----

 

SIGNATURES

Pursuant to the requirements of Section 13 or 15(d) 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.

 

|                 | AVEO PHARMACEUTICALS, INC. |
|----------------------|----------------------------|
|                 |                       |   |
| Date: April 30, 2019 | By:                        | /s/    MICHAEL BAILEY |
|                 |                       | Michael Bailey |
|                 |                       | President & Chief Executive Officer |
|                 |                       | (Principal Executive Officer) |