Prepared By R.R. Donnelley Financial -- Form 8-K
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
Form 8-K
 
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported):  07/22/2010
 
Dynavax Technologies Corporation
(Exact name of registrant as specified in its charter)
 
Commission File Number:  001-34207
 
Delaware
  
33-0728374
(State or other jurisdiction of
  
(IRS Employer
incorporation)
  
Identification No.)
 
2929 Seventh Street, Suite 100
Berkeley, CA 94710-2753
(Address of principal executive offices, including zip code)
 
(510) 848-5100
(Registrant’s telephone number, including area code)
 
(Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[  ]   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[  ]   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[  ]   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 

 
Item 5.02.    Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
 
On July 22, 2010, the Board of Directors (the "Board") of Dynavax Technologies Corporation ("Dynavax" or the "Company") elected Daniel Kisner, M.D. as a Class II director to serve until the 2011 Annual Meeting of Stockholders. In the Corporate Governance Agreement, dated as of December 30, 2009, between the Company and Symphony Dynamo Holdings LLC ("Holdings"), the Company agreed to nominate and use its commercially reasonable efforts to cause to be elected and cause to remain as a director on the Board one (1) independent director acceptable to both Holdings and Dynavax. Dr. Kisner is such designee. Pursuant to the terms of an offer letter between Dynavax and Dr. Kisner and the compensation policies of Dynavax with respect to outside directors, Dr. Kisner received the following as of his date of election:

1.   Pursuant to the Dynavax 2004 Non-Employee Directors' Option Plan (the "Directors' Plan"), Dr. Kisner was granted an initial non-qualified stock option to purchase 20,000 shares o f Dynavax common stock, with an exercise price equal to the fair market value on the date of grant, vesting over four years in equal annual installments;   

2.   Pursuant to the Directors' Plan, Dr. Kisner will be eligible to receive a non-qualified option to purchase up to an additional 10,000 shares of Dynavax common stock at each annual meeting of Dynavax's stockholders (with respect to the first such grant, the option will be pro-rated such that the fraction of such 10,000 shares shall equal the fraction of the year that he serves until the 2011 annual meeting), with an exercise price equal to the fair market value on the date of grant, vesting on the first anniversary of the grant; and   

3.   Dr. Kisner will receive an annual retainer of $20,000, payable in equal quarterly installments in arrears, $2,000 for each Board meeting attended in person and $500 for each Board meeting attended by telephone.

A copy of the press release relating to Dr. Kisner's appointment is attached hereto as Exhibit 99.1.

 
 
Item 9.01.    Financial Statements and Exhibits
 
(d) Exhibits
Exhibit No.    Description
99.1             Press Release, dated July 22, 2010, titled "Dynavax Appoints Daniel Kisner, M.D. to Board of Directors".
 

 

SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
           
Dynavax Technologies Corporation
 
 
Date: July 22, 2010
     
By:
 
/s/    Jennifer Lew

               
Jennifer Lew
               
Vice President, Finance
 
 


 

EXHIBIT INDEX
 
Exhibit No.

  
Description

EX-99.1
  
Press Release, dated July 22, 2010, titled "Dynavax Appoints Daniel Kisner, M.D. to Board of Directors".
DC9086.pdf -- Converted by SEC Publisher 4.2, created by BCL Technologies Inc., for SEC Filing

Exhibit 99.1

DYNAVAX

DYNAVAX TECHNOLOGIES
2929 Seventh Street, Suite 100
Berkeley, CA 94710

  Contact:
Michael Ostrach
Vice President and Chief Business Officer
510-665-7257
mostrach@dynavax.com

DYNAVAX APPOINTS DANIEL KISNER, M.D. to BOARD OF DIRECTORS

Berkeley, CA – July 22, 2010 – Dynavax Technologies Corporation (Nasdaq: DVAX) announced today the appointment of Daniel Kisner, M.D. to its Board of Directors. The addition of Dr. Kisner to the Dynavax Board brings its membership to 10.

Dr. Kisner most recently served as a Partner at Aberdare Ventures and prior to that as President and CEO of Caliper Technologies, leading its evolution from a start-up focused on microfluidic lab-on-a-chip technology to a publicly-traded, commercial organization. Prior to Caliper, he was the President and COO of Isis Pharmaceuticals, Inc.

Previously, Dr. Kisner was Division Vice President of Pharmaceutical Development for Abbott Laboratories and Vice President of Clinical Research and Development at SmithKline Beckman Pharmaceuticals. In addition, he held a tenured position in the Division of Oncology at the University of Texas, San Antonio School of Medicine and is certified by the American Board of Internal Medicine in Internal Medicine and Medical Oncology.

Dr. Kisner serves as Chairman of the Board for Tekmira Pharmaceuticals, and he sits on the boards of several private companies. He holds a BA from Rutgers University and an M.D. from Georgetown University. He is a Venture Partner at Aberdare Ventures, a San Francisco, CA-based venture capital firm.

About Dynavax

Dynavax Technologies Corporation, a clinical-stage biopharmaceutical company, discovers and develops novel products to prevent and treat infectious diseases. The Company's lead product candidate is HEPLISAVTM, an investigational adult hepatitis B vaccine designed to enhance protection more rapidly and with fewer doses than current licensed vaccines. For more information visit www.dynavax.com.