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): December 14, 2004 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) Registrant's Telephone Number, Including Area Code: (650) 624-1000 ------------------------------------------------------------------ (Former name or former address, if changed since last report.) ------------------------- Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| 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)) SECTION 8--OTHER EVENTS Item 8.01. Other Events. On December 14, 2004, VaxGen, Inc. issued a press release entitled, "VaxGen Provides Update on Financial Reaudit; Company Believes Process Will Include Audit of Celltrion". This press release is attached as Exhibit 99.1 to this report and is incorporated herein by reference. SECTION 9--FINANCIAL STATEMENTS AND EXHIBITS Item 9.01. Financial Statements and Exhibits. (a) Financial Statements of Businesses Acquired. Not applicable. (b) Pro Forma Financial Information. Not applicable. (c) Exhibits. Exhibit No. Description - ----------- ----------- 99.1 Press release dated December 14, 2004, entitled, "VaxGen Provides Update on Financial Reaudit; Company Believes Process Will Include Audit of Celltrion". 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: December 15, 2004 By: /s/ James M. Cunha -------------------------------- James M. Cunha Chief Financial Officer EXHIBIT INDEX Exhibit No. Description - ----------- ----------- 99.1 Press release dated December 14, 2004, entitled, "VaxGen Provides Update on Financial Reaudit; Company Believes Process Will Include Audit of Celltrion".