Delaware | 33-0728374 | |
(State or other jurisdiction of | (IRS Employer | |
incorporation) | Identification No.) |
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
On January 8, 2010, the Company filed a registration statement on Form S-3 (File No. 333-164254) to register for resale the shares of common stock and the shares of the common stock issuable upon exercise of the warrants, and intends to file a pre-effective amendment of the registration statement to register the additional shares of common stock, the additional shares of common stock issuable upon exercise of the warrants and the new warrants.
The Company believes that each of the Symphony Investors are "accredited investors," and the issuance of the shares of common stock and the new warrants was therefore made pursuant to Regulation D promulgated under the Securities Act of 1933, as amended.
The foregoing summary of the sale of these securities is not co mplete and is qualified in its entirety by reference to the Amended and Restated Purchase Option Agreement, the Warrant Purchase Agreement and the Registration Rights Agreement, agreements filed as exhibits to the Company's Annual Report on Form 10-K for the year ended December 31, 2009 filed with the SEC on March 16, 2010.
Dynavax Technologies Corporation | ||||||||
Date: April 22, 2010 | By: | /s/ Michael S. Ostrach | ||||||
Michael S. Ostrach | ||||||||
Vice President | ||||||||