SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549

~~FORM 8-K~~ Washington, D.C. 20549

CURRENTFORM REPORT 8-K

CURRENT ~~Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934~~ REPORT

Pursuant ~~Date~~to ofSection ~~Report~~13 ~~(Date~~or ~~of earliest event reported~~15(d)~~: November 9, 2002~~

~~Variagenics, Inc. (Exact name~~ of the ~~registrant~~Securities asExchange ~~specified~~Act inof ~~its charter)~~ 1934

Delaware		0-31035		04-3182077
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)

Date of Report (Date of earliest event reported): November 14, 2002

~~60 Hampshire Street Cambridge~~Variagenics, ~~MA 02139-1548 (Address of principal executive offices) (Zip Code)~~ Inc.

~~Registrant's telephone~~(Exact ~~number,~~name ~~including~~of ~~area~~registrant ~~code:~~as ~~(617~~specified in its charter) ~~588-5300~~

ITEM 5. OTHER EVENTS.

Delaware	0-31035	04-3182077
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

On60 ~~November 9,~~Hampshire ~~2002,~~Street ~~Hyseq~~Cambridge, ~~Inc.,~~ aMA ~~Nevada~~02139-1548 ~~corporation~~ (~~"Hyseq"),~~Address ~~and Variagenics, Inc. ("Variagenics"), a Delaware corporation, entered into an Agreement and Plan~~ of ~~Merger~~principal ~~(the~~executive ~~"Merger Agreement"~~offices). ~~The merger~~ (~~the~~Zip ~~"Merger"~~Code) is structured as a reverse triangular merger, pursuant to which a wholly-owned subsidiary of Hyseq will merge with and into Variagenics, with Variagenics as the surviving entity. At the effective time of the Merger (the "Effective Time"), each share of Variagenics common stock issued and outstanding immediately prior to the Effective Time shall be automatically converted into the right to receive 1.6451 shares of fully paid and nonassessable shares of Hyseq common stock ("Hyseq Common Stock"). Immediately after the Merger, the surviving entity will be merged with and into Hyseq, with Hyseq as the surviving entity.

~~The~~Registrant’s ~~directors and certain executive officers of Hyseq, who collectively have voting control over approximately 15.8% of the outstanding shares of Hyseq, have entered into Voting~~ ~~Agreements~~telephone ~~with Variagenics~~number, ~~pursuant~~including toarea ~~which~~code: ~~each~~(617) such person has agreed to vote the shares of Hyseq Common Stock beneficially owned by such person in favor of adoption of the Merger Agreement and against any competing transaction. Certain directors and executive officers of Variagenics, who collectively have voting control over approximately 15% of the outstanding shares of Variagenics, have entered into similar Voting Agreements with Hyseq. 588-5300

~~The Merger~~ITEM ~~has been approved by the boards of directors of Hyseq and Variagenics~~7. ~~The Merger is intended to be a tax-free reorganization under the Internal Revenue Code. The~~ FINANCIAL ~~transaction~~ STATEMENTS isAND ~~subject to approval by the stockholders of each of Hyseq and Variagenics and other customary conditions.~~ EXHIBITS

The description of the proposed Merger described in this report does not purport to be complete and is qualified in its entirety by reference to the Merger Agreement and the form of Voting Agreement, which are filed as exhibits 2.1 and 99.1, respectively, to this report and incorporated herein by reference. There can be no assurance that the transactions contemplated by the Merger Agreement will be consummated. (c) Exhibits

On November 11, 2002, Hyseq and Variagenics issued a joint press release announcing the Merger, which is attached hereto as Exhibit 99.2.

Exhibit
No.		Description

99.1		Certification of Principal Executive Officer and Principal Financial Officer

ITEM 79. ~~FINANCIAL~~REGULATION ~~STATEMENTS~~FD ~~AND EXHIBITS.~~ DISCLOSURE

2.1		Agreement and Plan of Merger, dated as of November 9, 2002, by and among Hyseq, Inc., Vertical Merger Corp. and Variagenics, Inc.
99.1		Form of Voting Agreement
99.2		Joint Press Release, dated November 11, 2002, announcing the execution of the Agreement and Plan of Merger by and between Variagenics, Inc. and Hyseq, Inc.

In connection with the Quarterly Report on Form 10-Q of Variagenics, Inc. (the “Company”) for the quarterly period ended September 30, 2002, as filed with the Securities and Exchange Commission concurrently herewith, the Company hereby files the written statement required by Section 906 of the Sarbanes-Oxley Act of 2002. On November 14, 2002, Joseph S. Mohr, President and Chief Business Officer of the Company and Richard P. Shea, Chief Operating Officer and Chief Financial Officer of the Company, each executed this written statement. A copy of the foregoing written statement is attached hereto as an exhibit and incorporated herein by reference.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

		Variagenics, Inc. (Registrant)
	Variagenics, Inc.
Date: November 12, 2002		By:	/s/ RICHARD P. SHEA Richard P. Shea Chief Operating Officer and Chief Financial Officer
	(Registrant)
Date: November 14, 2002	By:	/s/ RICHARD P. SHEA
		Richard P. Shea
		Chief Operating Officer,
		Chief Financial Officer and Treasurer

EXHIBIT ~~EXHIBIT~~ INDEX

Exhibit No.	Description
Exhibit
2.1	Agreement and Plan of Merger, dated as of November 9, 2002, by and among Hyseq, Inc., Vertical Merger Corp. and Variagenics, Inc.
No.		Description
99.1	~~Form~~Certification of ~~Voting~~Principal ~~Agreement.~~Executive Officer and Principal Financial Officer
99.2	Joint Press Release, dated November 11, 2002.

QuickLinks

Filing Compare · VARIAGENICS INC