0001193125-23-203006 Sample Contracts

DYNAVAX TECHNOLOGIES CORPORATION AND [ ], AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF [ ]
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”).

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DYNAVAX TECHNOLOGIES CORPORATION and [ ], AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF [ ]
Debt Securities 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”).

AMENDMENT NO. 1 TO SALES AGREEMENT
Sales Agreement • August 3rd, 2023 • Dynavax Technologies Corp • Pharmaceutical preparations

Dynavax Technologies Corporation, a Delaware corporation (the “Company”), together with Cowen and Company, LLC (the “Agent”), are parties to that certain Sales Agreement dated August 6, 2020 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The Company and the Agent desire to amend the Original Agreement as set forth in this Amendment No. 1 thereto (this “Amendment”) as follows:

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