0001193125-21-160579 Sample Contracts

DYNAVAX TECHNOLOGIES CORPORATION AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of May 13, 2021 2.50% Convertible Senior Notes due 2026
Indenture • 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).

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To: [Counterparty] [__________] [__________] [__________] From: [Dealer] Re: [Base][Additional] Capped Call Transaction Ref. No: [__________]1 Date: May [ ], 2021
Dynavax Technologies Corp • May 13th, 2021 • Pharmaceutical preparations

The purpose of this communication (this “Confirmation”) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the “Transaction”) between [Dealer] (“Dealer”) and [Counterparty], a [Delaware] corporation (“Counterparty”). This communication constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.

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