Exhibit 10.1 INDEMNIFICATION AGREEMENT This INDEMNIFICATION AGREEMENT (this "Agreement") is made and entered into this __ day of ________, 2003 (the "Effective Date") by and between Dynavax Technologies Corporation, a Delaware corporation (the...Indemnification Agreement • October 24th, 2003 • Dynavax Technologies Corp • Pharmaceutical preparations • Delaware
PAGE NO. SECTION 1. AGREEMENT TO SELL AND PURCHASE............................................................1 1.1 AUTHORIZATION OF SHARES..............................................................1 1.2 SALE AND...Purchase Agreement • December 5th, 2000 • Dynavax Technologies Corp • California
DYNAVAX TECHNOLOGIES CORPORATION, Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [·], 20__ Debt SecuritiesIndenture • November 10th, 2014 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
23,000,000 Shares Dynavax Technologies Corporation Common Stock, $0.001 Par Value per Share UNDERWRITING AGREEMENTUnderwriting Agreement • October 28th, 2010 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
Lock-up Period, the Company issues an earnings release or material news or a material event relating to the Company occurs or (ii) prior to the expiration of the Lock-up Period, the Company announces that it will release earnings results during the 16-day period beginning on the last day of the Lock-up Period, then in each case the Lock-up Period will be extended until the expiration of the 18-day period beginning on the date of the issuance of the earnings release or the occurrence of the material news or material event, as applicable, unless Jefferies & Company, Inc. waives, in writing, such extension, except that such extension will not apply if, (i) the Common Stock is an “actively traded security” (as defined in Regulation M under the Exchange Act), (ii) the Company meets the applicable requirements of Rule 139(a)(1) under the Securities Act if 1933, as amended (the “Securities Act”) in the manner contemplated by Conduct Rule 2711(f)(4) of the National Association of Securities De
DYNAVAX TECHNOLOGIES CORPORATION AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of May 13, 2021 2.50% Convertible Senior Notes due 2026Indenture • May 13th, 2021 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
INDENTURE dated as of May 13, 2021 between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
Exhibit 4.3 DYNAVAX TECHNOLOGIES CORPORATION FOURTH AMENDED INVESTORS' RIGHTS AGREEMENTInvestors' Rights Agreement • January 16th, 2004 • Dynavax Technologies Corp • Pharmaceutical preparations • Delaware
DYNAVAX TECHNOLOGIES CORPORATION AND [ ], AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF [ ]Preferred Stock Warrant Agreement • August 3rd, 2023 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [ ] between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”) and [ ], a [corporation] [national banking association] organized and existing under the laws of [ ] and having a corporate trust office in [ ], as warrant agent (the “Warrant Agent”).
DYNAVAX TECHNOLOGIES CORPORATION and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OFCommon Stock Warrant Agreement • August 6th, 2020 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between Dynavax Technologies Corporation, a Delaware corporation (the “Company”) and, a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
DYNAVAX TECHNOLOGIES CORPORATION and [ ], AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF [ ]Warrant Agreement • August 3rd, 2023 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [ ], between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”) and, [ ], a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in [ ], as warrant agent (the “Warrant Agent”).
RIGHTS AGREEMENT between: DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation; and MELLON INVESTOR SERVICES LLC, a New Jersey limited liability company, as Rights Agent Dated as of November 5, 2008Rights Agreement • November 6th, 2008 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
THIS RIGHTS AGREEMENT (“Agreement”) is dated as of November 5, 2008 and is made between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”), and MELLON INVESTOR SERVICES LLC, a New Jersey limited liability company, as rights agent (“Rights Agent”).
SALES AGREEMENTSales Agreement • August 6th, 2020 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
Dynavax Technologies Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:
Shares of Common Stock DYNAVAX TECHNOLOGIES CORPORATION UNDERWRITING AGREEMENT BEAR, STEARNS & CO. INC. DEUTSCHE BANK SECURITIES INC. PIPER JAFFRAY & CO. As Representatives (the "Representatives") of the several Underwriters named in Schedule I...Underwriting Agreement • January 16th, 2004 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
DYNAVAX TECHNOLOGIES CORPORATION Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 22nd, 2015 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
EXHIBIT 10.9 EXCLUSIVE LICENSE AGREEMENTExclusive License Agreement • December 1st, 2003 • Dynavax Technologies Corp • Pharmaceutical preparations • California
DYNAVAX TECHNOLOGIES CORPORATION AND [ ], AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF [ ]Warrant Agreement • August 3rd, 2023 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
This COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [ ], between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”) and [ ], a [corporation] [national banking association] organized and existing under the laws of [ ] and having a corporate trust office in [ ], as warrant agent (the “Warrant Agent”).
DYNAVAX TECHNOLOGIES CORPORATION FORM OF DEBT SECURITIES WARRANT AGREEMENTDebt Securities Warrant Agreement • August 6th, 2020 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”) and, a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • September 20th, 2010 • Dynavax Technologies Corp • Pharmaceutical preparations • Illinois
COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of September 20, 2010 by and between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”). Capitalized terms used herein and not otherwise defined herein are defined in Section 10 hereof.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 20th, 2010 • Dynavax Technologies Corp • Pharmaceutical preparations • Illinois
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 20, 2010, by and between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation, (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Common Stock Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
RECITALSLicense and Supply Agreement • December 1st, 2003 • Dynavax Technologies Corp • Pharmaceutical preparations
LEASE BETWEENLease Agreement • January 16th, 2004 • Dynavax Technologies Corp • Pharmaceutical preparations • California
INDEMNITY AGREEMENTIndemnity Agreement • November 7th, 2019 • Dynavax Technologies Corp • Pharmaceutical preparations • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of , 20 , is made by and between Dynavax Technologies Corporation, a Delaware corporation (the “Company”), and (“Indemnitee”).
RECITALSManagement Continuity Agreement • December 5th, 2000 • Dynavax Technologies Corp • California
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 5th, 2015 • Dynavax Technologies Corp • Pharmaceutical preparations • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of December 23, 2014 and is entered into by and between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (hereinafter referred to as the “Borrower”) the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).
RECITALSManagement Continuity Agreement • December 5th, 2000 • Dynavax Technologies Corp • California
5,000,000 Shares of Common Stock DYNAVAX TECHNOLOGIES CORPORATION UNDERWRITING AGREEMENT October 10, 2005Underwriting Agreement • October 12th, 2005 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
BEAR, STEARNS & CO. INC. CIBC WORLD MARKETS CORP. PACIFIC GROWTH EQUITIES, LLC As Representatives of the several Underwriters named in Schedule I attached hereto (the “Representative(s)”) c/o Bear, Stearns & Co. Inc. 383 Madison Avenue New York, New York 10179
TERM LOAN AGREEMENT dated as of February 20, 2018 among DYNAVAX TECHNOLOGIES CORPORATION, as Borrower, The Subsidiary Guarantors from Time to Time Party Hereto, The Lenders from Time to Time Party Hereto, and CRG SERVICING LLC, as Administrative Agent...Term Loan Agreement • May 9th, 2018 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
TERM LOAN AGREEMENT, dated as of February 20, 2018 (this “Agreement”), among Dynavax Technologies Corporation, a Delaware corporation (“Borrower”), the Subsidiary Guarantors as from time to time party hereto, the Lenders from time to time party hereto and CRG Servicing LLC, a Delaware limited liability company (“CRG Servicing”), as administrative agent and collateral agent for the Lenders (in such capacities, together with its successors and assigns, “Administrative Agent”).
OFFICE/LABORATORY LEASE BETWEENOffice/Laboratory Lease • November 6th, 2018 • Dynavax Technologies Corp • Pharmaceutical preparations • California
5,000,000 Shares DYNAVAX TECHNOLOGIES CORPORATION Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 10th, 2017 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
DYNAVAX TECHNOLOGIES CORPORATION EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • August 17th, 2009 • Dynavax Technologies Corp • Pharmaceutical preparations • New York
RECITALSManagement Continuity and Severance Agreement • October 24th, 2003 • Dynavax Technologies Corp • Pharmaceutical preparations • California
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.
6,200,000 Shares of Common Stock Dynavax Technologies Corporation (a Delaware corporation) Common Stock, par value $0.001 per share Underwriting AgreementUnderwriting Agreement • October 4th, 2006 • Dynavax Technologies Corp • Pharmaceutical preparations • Delaware
LEASE BETWEEN 2929 SEVENTH STREET, L.L.C. (LANDLORD) AND DYNAVAX TECHNOLOGIES CORPORATION (TENANT) 2919 Seventh Street Berkeley, CaliforniaLease Agreement • March 8th, 2013 • Dynavax Technologies Corp • Pharmaceutical preparations • California
DYNAVAX TECHNOLOGIES CORPORATION MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENTManagement Continuity and Severance Agreement • August 3rd, 2023 • Dynavax Technologies Corp • Pharmaceutical preparations • California
This Management Continuity and Severance Agreement (the “Agreement”) is dated as of [______, 20__], by and between [________________] (“Employee”) and Dynavax Technologies Corporation, a Delaware corporation (the “Company”).
DYNAVAX TECHNOLOGIES CORPORATION MANAGEMENT CONTINUITY AND SEVERANCE AGREEMENTManagement Continuity and Severance Agreement • June 5th, 2009 • Dynavax Technologies Corp • Pharmaceutical preparations • California
This Management Continuity and Severance Agreement (the “Agreement”) is dated as of April 22, 2009, by and between Zbigniew Janowicz, Chief Executive Officer and Managing Director, Rhein Biotech GmbH, Dynavax Technologies Corporation ("Employee"), and Dynavax Technologies Corporation, a Delaware corporation (the "Company" or “Dynavax”).
