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): November 14, 2003 VAXGEN, INC. (Exact name of Registrant as Specified in its Charter) DELAWARE 0-26483 94-3236309 (State or other jurisdiction of (Commission File Number) (I.R.S. Employer incorporation or organization) 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 and Regulation FD Disclosure. On November 14, 2003, VaxGen, Inc. issued a press release entitled, "VaxGen Will Restate Accounting Treatment for Warrants; Company Intends to Announce Third-Quarter Results on or Before Nov. 20". This press release is attached as Exhibit 99.1 to this report and is incorporated herein by reference. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. (c) Exhibits. Exhibit No. Description - ----------- ----------- 99.1 Press release dated November 14, 2003, entitled, "VaxGen Will Restate Accounting Treatment for Warrants; Company Intends to Announce Third-Quarter Results on or Before Nov. 20". 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: November 17, 2003 By: /s/ Carter A. Lee --------------------------- Carter Lee Senior Vice President Finance & Administration