ContractCommon Stock Purchase Warrant • September 21st, 2021 • Healios K.K. • Pharmaceutical preparations • New York
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT UNDER ANY CIRCUMSTANCES BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF WITHOUT AN EFFECTIVE REGISTRATION STATEMENT FOR SUCH SECURITIES UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND ANY OTHER APPLICABLE SECURITIES LAWS OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE SECURITIES LAWS.
AMENDMENT TO INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • September 21st, 2021 • Healios K.K. • Pharmaceutical preparations
This Amendment to Investor Rights Agreement (this “Amendment”) is dated as of August 5, 2021 and amends the Investor Rights Agreement (the “Agreement”), which was entered into as of March 14, 2018, by and between Athersys, Inc. (the “Company”) and HEALIOS K.K. (“Healios”) (each of the Company and Healios, a “Party” to this Amendment, and collectively, the “Parties”). All capitalized terms used but not defined herein shall have such meaning ascribed to them in the Agreement.
AMENDMENT TO COOPERATION AGREEMENTCooperation Agreement • September 21st, 2021 • Healios K.K. • Pharmaceutical preparations
This Amendment to Cooperation Agreement (this “Amendment”) is dated as of August 5, 2021 and amends the Cooperation Agreement (the “Agreement”), which was entered into as of February 16, 2021, by and among Athersys, Inc. (the “Company”), on the one hand, and HEALIOS K.K. (“Healios”) and Dr. Tadahisa Kagimoto, on the other hand (each of the Company, Healios and Dr. Kagimoto, a “Party” to this Amendment, and collectively, the “Parties”). All capitalized terms used but not defined herein shall have such meaning ascribed to them in the Agreement.
JOINT FILING AGREEMENTJoint Filing Agreement • July 2nd, 2018 • Healios K.K. • Pharmaceutical preparations
The undersigned acknowledge and agree, in accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, that the foregoing statement on Schedule 13D relating to common stock, par value $0.001 per share, of Athersys, Inc., is filed on behalf of each of the undersigned and that all subsequent amendments thereto shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing statements.
COOPERATION AGREEMENTCooperation Agreement • February 16th, 2021 • Healios K.K. • Pharmaceutical preparations • Delaware
This Cooperation Agreement (this “Agreement”) is made and entered into as of February 16, 2021, by and among Athersys, Inc. (the “Company”), on the one hand, and HEALIOS K.K. (“Healios”) and Dr. Tadahisa Kagimoto, on the other hand (each of the Company, Healios and Dr. Kagimoto, a “Party” to this Agreement, and collectively, the “Parties”). All capitalized terms used but not defined herein shall have such meaning ascribed to them in that certain Investor Rights Agreement, dated as of March 14, 2018, by and between the Company and Healios (the “Investor Rights Agreement”).
