0001193125-10-216376 Sample Contracts

DYNAVAX TECHNOLOGIES CORPORATION, Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [•], 20[•] Subordinated Debt Securities
Indenture • September 24th, 2010 • Dynavax Technologies Corp • Pharmaceutical preparations • New York

INDENTURE, dated as of [•], 20[•], among DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):

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DYNAVAX TECHNOLOGIES CORPORATION and , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF
Preferred Stock Warrant Agreement • September 24th, 2010 • 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”).

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DYNAVAX TECHNOLOGIES CORPORATION and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF
Common Stock Warrant Agreement • September 24th, 2010 • 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”).

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DYNAVAX TECHNOLOGIES CORPORATION and , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF
Debt Securities Warrant Agreement • September 24th, 2010 • 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”).

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