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): May 27, 2003 VAXGEN, INC. (Exact name of Registrant as Specified in its Charter) DELAWARE 0-26483 94-3236309 (State or other jurisdiction of (Commission (I.R.S. Employer incorporation or organization) File Number) Identification Number) 1000 MARINA BLVD., SUITE 200 BRISBANE, CALIFORNIA 94005 (Address of Principal Administrative Offices) Registrants Telephone Number, Including Area Code: (650) 624-1000 Item 5. Other Events. On May 27, 2003, VaxGen, Inc. announced that the U.S. Food and Drug Administration has cleared the Investigational New Drug application for its candidate anthrax vaccine. Item 7. Financial Statements and Exhibits. (a) Financial statements of business acquired. Not applicable. (b) Pro forma financial information. Not applicable. (c) Exhibits. Exhibit No. Description - ----------- ----------- 99.1 Press release issued by VaxGen, Inc. on May 27, 2003. SIGNATURE 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. VaxGen, Inc. (Registrant) Dated: May 28, 2003 By: /s/ Carter A. Lee ----------------------------- Carter Lee Senior Vice President Finance & Administration EXHIBIT INDEX Exhibit No. Description - ----------- ----------- 99.1 Press release issued by VaxGen, Inc. on May 27, 2003.