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
