REGISTRATION RIGHTS AGREEMENT between DYNAVAX TECHNOLOGIES CORPORATION and SYMPHONY DYNAMO HOLDINGS LLCRegistration Rights Agreement • January 11th, 2010 • Symphony Capital Partners LP • Pharmaceutical preparations • Delaware
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 9, 2009, by and between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (“Dynavax”), and SYMPHONY DYNAMO HOLDINGS LLC, a Delaware limited liability company (together with its permitted successors, assigns and transferees, “Holdings”).
PURCHASE OPTION AGREEMENT by and among DYNAVAX TECHNOLOGIES CORPORATION, SYMPHONY DYNAMO HOLDINGS LLC and SYMPHONY DYNAMO, INC. Dated as of November 9, 2009Purchase Option Agreement • January 11th, 2010 • Symphony Capital Partners LP • Pharmaceutical preparations • Delaware
This AMENDED AND RESTATED PURCHASE OPTION AGREEMENT (this “Agreement”) is entered into as of November 9, 2009 (the “Closing Date”) by and among DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (“Dynavax”), SYMPHONY DYNAMO HOLDINGS LLC, a Delaware limited liability company (“Holdings”), and SYMPHONY DYNAMO, INC., a Delaware corporation (“Symphony Dynamo”). Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in Annex A attached hereto.
JOINT FILING AGREEMENTJoint Filing Agreement • January 11th, 2010 • Symphony Capital Partners LP • Pharmaceutical preparations
In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, the persons named below agree to the joint filing on behalf of each of them of the Schedule 13D (and any further amendment filed by them) with respect to the Common Stock, par value $0.001 per share, of the Issuer, a Delaware corporation.
WARRANT PURCHASE AGREEMENT between DYNAVAX TECHNOLOGIES CORPORATION and SYMPHONY DYNAMO HOLDINGS, LLCWarrant Purchase Agreement • January 11th, 2010 • Symphony Capital Partners LP • Pharmaceutical preparations • Delaware
FORM OF WARRANTSymphony Capital Partners LP • January 11th, 2010 • Pharmaceutical preparations • New York
THIS CERTIFIES THAT, for value received, SYMPHONY DYNAMO HOLDINGS LLC, a Delaware limited liability company, with its principal office at 7361 Calhoun Place, Suite 325, Rockville, MD 20855, or its assigns (the “Holder”), is entitled to subscribe for and purchase at the Exercise Price (defined below) from DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation, with its principal office at 2929 Seventh Street, Suite 100, Berkeley, CA 94710-2753 (the “Company”) Two Million (2,000,000) shares of Common Stock, par value $0.001 per share, of the Company (the “Common Stock”), subject to adjustment as provided herein.
