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ISS/Risk Metrics Group and Glass Lewis Recommend VaxGen Stockholders Vote 'For' Proposed Merger With OXiGENE
Date:1/25/2010

fficient votes in favor of the first proposal.

In coming to their recommendation, ISS concluded that: "...the merger consideration, when taking into account the escrow shares, provides a premium to stockholders.  The company's strategic rationale appears reasonable: the merger consideration appears to offer a higher value than liquidation and the company's cash position will provide funding for OXiGENE's product candidates which are already in various clinical trial phases, offering stockholders the opportunity to participate in the future growth of the combined company." [1]

In concluding that the proposed transaction is favorable to current shareholders of VaxGen, Glass Lewis states in their report: "In addition, VaxGen shareholders will hold at least 20%, and as much as 28%, of an entity that is relatively more liquid than VaxGen..."

The VaxGen Board of Directors asks that stockholders carefully evaluate the information they have been provided, and encourages all stockholders, regardless of the number of shares they own, to vote "FOR" both proposals.

Stockholders are encouraged to vote their shares now so that their vote can be counted without delay.

YOUR PARTICIPATION IS IMPORTANT - PLEASE VOTE TODAY!

NOT VOTING is the same as a NO VOTE

If you have any questions relating to the special stockholders meeting, voting your shares, or need to request additional proxy materials, you may call our proxy solicitation advisors, The Altman Group, Toll-Free at 866-521-4427 between the hours of  9:00 a.m. and 10:00 p.m. Eastern Time, Monday through Friday.

Important Additional Information Has Been Filed with the SEC

This communication may be deemed to be solicitation material regarding the proposed merger of VaxGen and OXiGENE. In connection with the
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SOURCE VaxGen, Inc.
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