Exhibit 99.1
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2929 Seventh Street, Suite
100
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Berkeley, CA 94710
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Contact:
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Michael
Ostrach
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Vice President
and Chief Business Officer
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510-665-7257
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mostrach@dynavax.com
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Dynavax Announces $30 Million
At-The-Market Common Stock Purchase Agreement
Aspire Capital Makes Initial
Investment of $2 Million at $2.00 per Share
BERKELEY, CA –
September 20, 2010 – Dynavax Technologies Corporation
(Nasdaq: DVAX) announced today that Aspire Capital Fund, LLC, an
Illinois limited liability company, has purchased 1,000,000 shares
of Dynavax common stock at $2.00 per share, representing a 23%
premium to the closing market price on September 17, 2010. The
investment was made in connection with a $30 million At-The-Market
common stock purchase agreement under which Aspire Capital has
committed to purchase up to an additional $28 million of Dynavax
common stock over the next 25 months.
During the term of the purchase
agreement, Dynavax will control the timing and amount of any sales
of its common stock to Aspire Capital. Aspire Capital has no right
to require any sales by the Company but is obligated to make
purchases as the Company directs in accordance with the purchase
agreement, which may be terminated by Dynavax at any time. Dynavax
will use net proceeds from any sales of its stock to complete the
Company’s development activities for its lead program,
HEPLISAV™, an investigational hepatitis B vaccine, and for
other general corporate purposes. Under the Purchase Agreement, the
Company agreed to pay Aspire Capital a commitment fee equal to 4%
of $30 million in consideration for Aspire Capital’s
obligation to purchase up to $30 million of Dynavax common stock.
Dynavax paid this commitment fee by issuance of 600,000 shares of
its common stock valued at $2.00 per share. The Company did not pay
any additional expense reimbursement or any placement agent fees in
connection with the transaction. A more detailed description of the
transaction agreements with Aspire Capital is set forth in the
Company’s current report on Form 8-K, fil