definiens: shall mean all shares of Dynavax Common Stock, Options, Convertible Securities, notes, bonds, or any other securities issued by Dynavax, or cash or other consideration paid or delivered by or on behalf of Dynavax, other than the following ( collectively, ): ( i ) rights, options or warrants to subscribe for, purchase or otherwise acquire Dynavax Common Stock ( ), or shares of restricted stock or stock appreciation rights, issued to employees or directors of, or consultants or advisors to, Dynavax or any of its subsidiaries pursuant to a plan, agreement or arrangement approved by the board of directors of Dynavax ; ( ii)(1 ) shares of Dynavax Common Stock actually issued upon the exercise of Options or ( 2 ) shares of Dynavax Common Stock actually issued upon the conversion or exchange of any evidences of indebtedness, shares or other securities directly or indirectly convertible into or exchangeable for Dynavax Common Stock, but excluding Options ( ), in each case provided such issuance is pursuant to the terms of such Option or Convertible Security ; ( iii ) shares of Dynavax Common Stock, Options or Convertible Securities issued by reason of a dividend on the outstanding Dynavax Common Stock, stock split of the outstanding Dynavax Common Stock, split -up of the outstanding Dynavax Common Stock or other distribution on shares of Dynavax Common Stock ; or ( iv ) shares of Dynavax Common Stock sold and issued pursuant to that certain Equity Distribution Agreement date d August 17, 2009, by and between Dynavax and Wedbush Morgan Securities, Inc. ( the )