Exhibit 10.44
September 10, 2009
Dynavax Technologies Corporation
2929 Seventh Street, Suite 100
Berkeley, California 94710
Attention: Dino Dina, M.D., President and Chief Executive Officer
Dear Dino:
Reference is hereby made to (i) the engagement letter, dated August 10, 2009 (the “Engagement Letter”), by and between Wedbush Morgan Securities Inc. (“WMS”) and Dynavax Technologies Corporation (the “Company”) and (ii) the Equity Distribution Agreement, dated August 17, 2009 (the “Agreement”), by and between WMS and the Company.
WMS and the Company hereby agree as follows:
(i) Paragraph (c) under the heading “Termination” in the Engagement Letter is hereby amended by deleting the first sentence thereof in its entirety.
(ii) The Agreement is hereby amended by deleting Section 7(w) thereof in its entirety.
Except as expressly modified hereby, the Engagement Letter and the Agreement shall continue in full force and effect.
This letter may be signed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If the foregoing accurately reflects our agreement, please execute a counterpart of this letter in the space provide below and return it to me.
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Sincerely, |
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| WEDBUSH MORGAN SECURITIES INC. |
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By: | | /s/ George J. Milstein |
| | George J. Milstein, |
| | Managing Director |
Accepted and Agreed to as of the date first written above:
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| DYNAVAX TECHNOLOGIES CORPORATION |
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By: | | /s/ Dino Dina, M.D. |
