DEERFIELD PARTNERS, L.P.Note Purchase Agreement • March 13th, 2017 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
Reference is hereby made to that certain Note Purchase Agreement, dated as of October 26, 2016 (the “Note Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Borrower”), the purchasers party thereto from time to time, and DEERFIELD PARTNERS, L.P., as collateral agent (the “Collateral Agent”). Capitalized terms used but not defined herein shall have the meanings given to them in the Note Purchase Agreement.
NOTE PURCHASE AGREEMENTNote Purchase Agreement • March 13th, 2017 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
[THIS NOTE IS ISSUED WITH ORIGINAL ISSUE DISCOUNT (“OID”) FOR U.S. FEDERAL INCOME TAX PURPOSES. THE ISSUE PRICE, AMOUNT OF OID, ISSUE DATE AND YIELD TO MATURITY WITH RESPECT TO THIS NOTE MAY BE OBTAINED BY WRITING TO THE BORROWER AT THE FOLLOWING ADDRESS: 2929 SEVENTY STREET, SUITE 100, BERKELEY, CALIFORNIA 94710, ATTENTION: [●], FAX NUMBER: [●].]
