0000899243-20-008067.txt : 20200312 0000899243-20-008067.hdr.sgml : 20200312 20200312162320 ACCESSION NUMBER: 0000899243-20-008067 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20200311 FILED AS OF DATE: 20200312 DATE AS OF CHANGE: 20200312 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Hack Andrew A. F. CENTRAL INDEX KEY: 0001657434 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-34207 FILM NUMBER: 20709114 MAIL ADDRESS: STREET 1: 300 THIRD STREET, FIRST FLOOR CITY: CAMBRIDGE STATE: MA ZIP: 02142 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DYNAVAX TECHNOLOGIES CORP CENTRAL INDEX KEY: 0001029142 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 330728374 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2929 SEVENTH STREET STREET 2: SUITE 100 CITY: BERKELEY STATE: CA ZIP: 94710 BUSINESS PHONE: 5108485100 MAIL ADDRESS: STREET 1: 2929 SEVENTH STREET STREET 2: SUITE 100 CITY: BERKELEY STATE: CA ZIP: 94710 4 1 doc4.xml FORM 4 SUBMISSION X0306 4 2020-03-11 0 0001029142 DYNAVAX TECHNOLOGIES CORP DVAX 0001657434 Hack Andrew A. F. C/O BAIN CAPITAL LIFE SCIENCES INVESTORS 200 CLARENDON STREET BOSTON MA 02116 1 0 0 0 Right to Exchange 2020-03-11 4 A 0 1 0.00 A 2020-03-11 2022-02-12 Preferred Warrants(Right to Buy) 2916.25 1 I See Footnotes On March 11, 2020, each of Bain Capital Life Sciences Fund, L.P. ("BCLS") and BCIP Life Sciences Associates, LP ("BCIPLS" and, together with BCLS, the "Bain Life Sciences Entities") entered into a letter agreement with the Issuer that provides the Bain Life Sciences Entities with the right, on one occasion, to exchange all or any portion of the warrants to purchase an aggregate of 2,916,250 shares of the Issuer's common stock (each, a "Warrant") owned by the Bain Life Sciences Entities for one or more warrants (each, a "Preferred Warrant") to purchase shares of the Issuer's non-voting Series C Convertible Preferred Stock (the "Series C Preferred Stock"). Each share of Series C Preferred Stock will be convertible, at the option of the holder, into 1,000 shares of the Issuer's common stock. (Continued from footnote 1) Each Preferred Warrant issued in exchange for a Warrant will have an exercise price of $4,500 per share of Series C Preferred Stock and will be exercisable for a number of shares of Series C Preferred Stock equal to (x) the number of shares of Common Stock for which the Warrant then remains exercisable, divided by (y) 1,000. The Warrants, the Series C Preferred Stock and the Series B Convertible Preferred Stock held by the Bain Life Sciences Entities each include provisions prohibiting exercise or conversion into the Issuer's common stock to the extent such exercise or conversion would result in beneficial ownership of the Issuer's common stock in excess of 9.99%. Bain Capital Life Sciences Investors, LLC ("BCLSI") is the ultimate general partner of BCLS, and governs the investment strategy and decision-making process with respect to investments held by BCIPLS. Dr. Hack is a Managing Director of BCLSI. By virtue of the relationships described in this footnote, Dr. Hack may be deemed to share voting and dispositive power with respect to the securities held by the Bain Life Sciences Entities. Dr. Hack disclaims beneficial ownership of such securities except to the extent of his pecuniary interest therein. /s/ Andrew A.F. Hack 2020-03-12