SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-A
FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
PURSUANT TO SECTION 12(b) OR (g) OF THE
SECURITIES EXCHANGE ACT OF 1934
DYNAVAX TECHNOLOGIES CORPORATION
(Exact Name of Registrant as Specified in its Charter)
| Delaware | 33-0728374 | |
| (State of Incorporation or Organization) | (I.R.S. Employer Identification no.) | |
| 2929 Seventh Street, Suite 100 Berkeley, CA |
94710-2753 | |
| (Address of principal executive offices) | (Zip code) | |
If this form relates to the registration of a class of securities pursuant to Section 12(b) of the Exchange Act and is effective pursuant to General Instruction A.(c), please check the following box. x
If this form relates to the registration of a class of securities pursuant to Section 12(g) of the Exchange Act and is effective pursuant to General Instruction A.(d), check the following. ¨
| Securities Act registration statement number to which this form relates: | ||
| (if applicable) |
Securities to be registered pursuant to Section 12(b) of the Act:
| Title of Each Class to | Name of Each Exchange on Which | |
| be so Registered |
Each Class is to be Registered | |
| Preferred Share Purchase Rights | The NASDAQ Stock Market LLC |
Securities to be registered pursuant to Section 12(g) of the Act: None
| Item 1. | Description of Registrant’s Securities to be Registered. |
A description of the Preferred Share Purchase Rights being registered hereunder is contained in Item 3.03 of the Registrant’s Current Report on Form 8-K filed with the Securities and Exchange Commission on November 5, 2008, and is incorporated herein by reference.
| Item 2. | Exhibits. |
| Exhibit |
Description | |
| Exhibit 1 | Form of Certificate of Designation of Series A Junior Participating Preferred Stock (1) | |
| Exhibit 2 | Rights Agreement dated as of November 5, 2008, by and between the Company and Mellon Investor Services LLC (1) | |
| Exhibit 3 | Form of Right Certificate (1) | |
| (1) | Incorporated by reference to the Company’s Current Report on Form 8-K (File No. 000-50577), as filed with the Securities and Exchange Commission on November 6, 2008. |
2.
SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, the Registrant has caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized.
| Date: November 5, 2008 | DYNAVAX TECHNOLOGIES CORPORATION | |||||
| By: | /s/ Dino Dina, M.D. | |||||
| Dino Dina, M.D. President and Chief Executive Officer | ||||||
3.
EXHIBIT INDEX
| Exhibit |
Description | |
| Exhibit 1 | Form of Certificate of Designation of Series A Junior Participating Preferred Stock (1) | |
| Exhibit 2 | Rights Agreement dated as of November 5, 2008, by and between the Company and Mellon Investor Services LLC (1) | |
| Exhibit 3 | Form of Right Certificate (1) | |
| (1) | Incorporated by reference to the Company’s Current Report on Form 8-K (File No. 000-50577), as filed with the Securities and Exchange Commission on November 6, 2008. |
4.