DYNAVAX TECHNOLOGIES CORPORATION 30,293,000 Units Each Unit consisting of One Share of Common Stock and One Warrant to Purchase 0.5 of a Share of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 13th, 2010 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
Dynavax Technologies Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Wedbush Securities Inc. (the “Underwriter”) an aggregate of (i) 30,293,000 shares (the “Shares”) of its common stock, $0.001 par value per share (the “Common Stock”), and (ii) warrants (the “Warrants”) to purchase up to an aggregate of 15,146,500 shares of Common Stock (the “Warrant Shares” and, collectively with the Shares and the Warrants, the “Securities”). The Shares and Warrants shall be sold in units (the “Units”), each Unit consisting of one (1) Share and one (1) Warrant to purchase 0.5 of a Warrant Share at the exercise price per share specified in the Prospectus (as defined below). The Shares and the Warrants will be issued separately and shall be immediately separable and transferable upon issuance. The Warrants will be in substantially the form attached hereto as Exhibit A.
