Common use of FORM OF SECRETARY’S CERTIFICATE Clause in Contracts

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of , (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of March 31, 2014 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONMOBIQUITY TECHNOLOGIES, INC., a Delaware New York corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of November 5, 2019 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty One Hundred Million Dollars ($30,000,000100,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxx (X.X.) Xxxxxxx, Jr., Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 17, 2017 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONPARKERVISION, INC., a Delaware Florida corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, ---------------------_______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of August 14, 2017 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONCANCER GENETICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Sixteen Million Dollars ($30,000,00016,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of February 28, 2020 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONMARKER THERAPEUTICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Xxxxxxx Xxxxxxxx Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of November 16, 2017 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONIPASS INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k8(II)(k) of that certain Common Stock Purchase Agreement dated as of October 8, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONONCONOVA THERAPEUTICS, INC., a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Sixteen Million Five Hundred Thousand Dollars ($30,000,00016,500,000) of the Company’s Common Stock, $0.01 par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 31, 2020 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONINNOVATION PHARMACEUTICALS INC., a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms Stock”).Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of September 28, 2011 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONNEOSTEM, Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxxxx X. Xxxxx, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of March 14, 2019 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONBIONANO GENOMICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , in her capacity as Secretary of the Company, and not individually, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 20, 2011, (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES ARROWHEAD RESEARCH CORPORATION, a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, $.001 par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of April 23, 2013 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONCOPYTELE, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of August 12, 2014 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONAPRICUS BIOSCIENCES, INC., a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-Two Million Dollars ($30,000,00022,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of August 13, 2018 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONOCEAN POWER TECHNOLOGIES, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 7, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONMETABOLIX, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21, 2020 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONNOVAN, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of March 3, 2020 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONREMARK HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Kai-Xxxxx Xxx, Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of June , 2016 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONJAGUAR ANIMAL HEALTH, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 14, 2016 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONCERULEAN PHARMA INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 0.0001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxxxx Xxxxxxxx, Secretary of the Company, hereby certifies as followsfollows in her capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of December __, 2019 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONMIRAGEN THERAPEUTICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of May 26, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONATOSSA GENETICS INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-Five Million Dollars ($30,000,00025,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Kxxx Xxxx, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of March 2, 2018 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONRECRO PHARMA, INC., a Delaware Pennsylvania corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of January 4, 2011 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONREGENERX BIOPHARMACEUTICALS, INC., a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Eleven Million Dollars ($30,000,00011,000,000) of the Company’s Common Stock, $0.001 par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of February 2, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONRECRO PHARMA, INC., a Delaware Pennsylvania corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 28, 2019 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CELSION CORPORATION, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Jxxxxxx X. Xxxxxx, in his capacity as Secretary of the Company, and not individually, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of June 11, 2018 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONVALERITAS HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-One Million Dollars ($30,000,00021,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, ---------------------_______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of March 10, 2014 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONNEOSTEM, Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxxxx X. Xxxxx, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of December __, 2011 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONPURE BIOSCIENCE, INC., a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Seven Million Five Hundred Thousand Dollars ($30,000,0007,500,000) of the Company’s 's Common Stock, $0.01 par value $0.001 per share (the “"Common Stock”"). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxx X. Xxxxxxx, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of May 1, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONNEOSTEM, Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxx X. Xxxxxxxxx, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 2, 2018 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONREMARK HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Kai-Xxxxx Xxx, Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of December 6, 2016 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONMYND ANALYTICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k7(j) of that certain Common Stock Purchase Agreement dated as of August 25, 2014 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONIBIO, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of December 9, 2010 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES INTERNATIONAL STEM CELL CORPORATION, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-Five Million Dollars ($30,000,00025,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxx Xxxx, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of May 25, 2016 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONATOSSA GENETICS INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Kxxx Xxxx, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of May 15, 2018 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONMYND ANALYTICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of August __, 2018 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CELSION CORPORATION, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxx X. Xxxxxx, Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of December , (the “Common Stock Purchase 2013(“Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES INTERNATIONAL STEM CELL CORPORATION, a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Ten Million Two Hundred Fifty Thousand Dollars ($30,000,00010,250,000) of the Company’s Common Stock, $0.001 par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxx Xxxxx, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of February 1, 2018 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty One Hundred Million Dollars ($30,000,000100,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxx (X.X.) Xxxxxxx, Jr., Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of September 8, 2016 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONCERECOR INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the this “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of November 4, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONCALADRIUS BIOSCIENCES, Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxx Xxxxxxxx, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 24, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONCAPNIA, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxx Xxxxxxx, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of November 5, 2008, (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONNEOGENOMICS, INC., a Delaware Nevada corporation (the “Company”) and ASPIRE FUSION CAPITAL FUNDFUND II, LLC (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Eight Million Dollars ($30,000,0008,000,000) of the Company’s 's Common Stock, par value $0.001 per share (the “"Common Stock”"). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxx Xxxxxx, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of September 6, 2017 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONINNOVATION PHARMACEUTICALS INC., a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of January 4, 2017 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONBIOVIE INC., a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twelve Million Dollars ($30,000,00012,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxx Xxxxxxx, Secretary of the Company, in her capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k7(j) of that certain Common Stock Purchase Agreement dated as of May 15, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONIBIO, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Exxxxxxxx Xxxxx, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 24, 2011 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONKIPS BAY MEDICAL, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 5, 2016 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONAPRICUS BIOSCIENCES, INC., a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Seven Million Dollars ($30,000,0007,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of March , 2014 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONNANOSPHERE, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of March 29, 2019 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONREMARK HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Kai-Xxxxx Xxx, Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k7(j) of that certain Common Stock Purchase Agreement dated as of March 16, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONBACTERIN INTERNATIONAL HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share 0.000001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of February 19, 2019 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONRECRO PHARMA, INC., a Delaware Pennsylvania corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of December 15, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONHARVARD APPARATUS REGENERATIVE TECHNOLOGY, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of August 3, 2011 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONENER1, Inc., a Delaware Florida corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifty Million Dollars ($30,000,00050,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _[NAME]_, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of September 25, 2017 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONWESTWATER RESOURCES, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-two Million Dollars ($30,000,00022,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of December 17, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxx (X.X.) Xxxxxxx, Jr., Secretary of the Company, in his capacity as such, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 21, 2019 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONENTASIS THERAPEUTICS HOLDINGS INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as followsfollows in his/her capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of June 15, 2020 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONNOVAN, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share 0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of March 13, 2013 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES ZBB ENERGY CORPORATION, a Delaware Wisconsin corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of _____ __, (the “Common Stock Purchase 2013(“Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONSOLIGENIX, INC., a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Ten Million Six Hundred Thousand Dollars ($30,000,00010,600,000) of the Company’s 's Common Stock, $0.001 par value $0.001 per share (the “"Common Stock”"). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, ____________, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k8(j) of that certain Common Stock Purchase Agreement dated as of , February 17 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONBRICKELL BIOTECH, INC., a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Twenty-Eight Million Dollars ($30,000,00028,000,000) of the Company’s 's Common Stock, $0.01 par value $0.001 per share (the “"Common Stock”"). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, ____________, Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of November 29, 2011 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONCOMVERGE, Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 16, 2012 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONTranSwitch Corporation, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Eleven Million Dollars ($30,000,00011,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of November 9, 2016 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONREMARK MEDIA, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of , 2013 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONBG MEDICINE, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twelve Million Dollars ($30,000,00012,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of November 11, 2011 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Xxxxxxx (X.X.) Xxxxxxx, Jr., Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of August 2, 2011 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONNUPATHE INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, [ ], Secretary of the Company, hereby certifies as follows:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 24, 2019 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONOCEAN POWER TECHNOLOGIES, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _______________, Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of October 25, 2013 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CELLCEUTIX CORPORATION, a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, , _________________ Secretary of the Company, hereby certifies as followsfollows in his capacity as such:

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of November 11, 2015 (the “Common Stock Purchase Agreement”), by and between DYNAVAX TECHNOLOGIES CORPORATIONATOSSA GENETICS INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-Five Million Dollars ($30,000,00025,000,000) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, Kxxx Xxxx, Secretary of the Company, in his capacity as such, hereby certifies as follows: