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):  11/24/2008
 
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 3.01.    Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
 
On November 25, 2008, Dynavax Technologies (the "Company") announced that the Nasdaq Listing Qualifications Staff (the "Staff") has approved the Company's request to transfer the listing of its shares to The Nasdaq Capital Markets from The Nasdaq Global Market, effective at the open of the market on Wednesday, November 26, 2008. A copy of the press release is attached as Exhibit 99.1 to this current report and is incorporated herein by reference.
 
 
Item 9.01.    Financial Statements and Exhibits
 
(d) Exhibit

Exhibit No.   Description

99.1               Press Release, dated November 25, 2008 entitled "Dynavax Announces Listing Transfer to The Nasdaq Capital Market from The Nasdaq Global Market."
 

 

Signature(s)
 
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: November 25, 2008
     
By:
 
/s/    Deborah A. Smeltzer

               
Deborah A. Smeltzer
               
Vice President, Operations and Chief Financial Officer
 
 


 

Exhibit Index
 
Exhibit No.

  
Description

EX-99.1
  
Press Release, dated November 25, 2008 entitled "Dynavax Announces Listing Transfer to The Nasdaq Capital Market from The Nasdaq Global Market."
UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Exhibit 99.1

DYNAVAX

DYNAVAX TECHNOLOGIES

2929 Seventh Street, Suite 100 Berkeley, CA 94710

Contacts:

   

Deborah A. Smeltzer

 

Amy Figueroa

VP Operations &

Chief Financial Officer

Investor Relations & Corporate Communications

510-665-7222

510-665-7211

dsmeltzer@dynavax.com

afigueroa@dynavax.com

DYNAVAX ANNOUNCES LISTING TRANSFER TO

THE NASDAQ CAPITAL MARKET FROM THE NASDAQ GLOBAL MARKET

BERKELEY, Calif. - November 25, 2008 - Dynavax Technologies Corporation (Nasdaq: DVAX), a clinical-stage biotechnology company, announced today that Nasdaq has approved the Company's request to transfer the listing of its shares to The Nasdaq Capital Market from The Nasdaq Global Market effective November 26, 2008.

The Nasdaq Capital Market is one of the three markets for Nasdaq-listed stock and includes over 500 companies. Companies listed on The Nasdaq Capital Market must meet certain financial requirements and adhere to Nasdaq's corporate governance standards. The Nasdaq Capital Market operates in substantially the same manner as The Nasdaq Global Market and Dynavax shares will continue to trade under the symbol "DVAX".

About Dynavax

Dynavax Technologies Corporation is a clinical-stage biopharmaceutical company that develops innovative products for the treatment of infectious diseases, respiratory diseases and cancer. The company's novel Toll-like Receptor 9 (TLR9) agonist products are based on its proprietary immunostimulatory sequences (ISS), which are short DNA sequences that stimulate the innate immune response. Dynavax's clinical product candidates include: HEPLISAV™, a hepatitis B vaccine partnered with Merck & Co., Inc.; a therapy for hepatitis B; and therapies for cancer and hepatitis C funded by Symphony Dynamo, Inc. The company's preclinical pipeline includes an asthma and COPD drug candidate partnered with AstraZeneca AB and a Universal Flu vaccine. For more information, visit www.dynavax.com.

Forward-looking Statements

This press release contains "forward-looking statements". Actual results may differ materially from those set forth in this press release due to the risks and uncertainties inherent in our business and the current industry environment; our ability to obtain additional financing to support our operations; our ability to sustain compliance with applicable Nasdaq Capital Market continued listing requirements and other risks detailed in the "Risk Factors" section of our Quarterly Report on Form 10-Q. We undertake no obligation to revise or update information herein to reflect events or circumstances in the future, even if new information becomes available.

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