SECURITIES PURCHASE AGREEMENT Dated as of March 13, 2018 by and between ATHERSYS, INC. and HEALIOS K.K.Securities Purchase Agreement • May 10th, 2018 • Athersys, Inc / New • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”), is made as of March 13, 2018, by and between Athersys, Inc. (the “Company”) and HEALIOS K.K. (“Buyer”). The Company and Buyer are herein referred to as the “Parties.”
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • May 10th, 2018 • Athersys, Inc / New • Pharmaceutical preparations • New York
THIS INVESTOR RIGHTS AGREEMENT (this “Agreement”) is entered into as of March 14, 2018, between Athersys, Inc., a Delaware corporation (the “Company”), and HEALIOS K.K. (the “Investor”).
COMMON STOCK PURCHASE WARRANT ATHERSYS, INC.Common Stock Purchase Warrant • May 10th, 2018 • Athersys, Inc / New • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT certifies that, for value received, HEALIOS K.K. (“Healios”), or its permitted assigns (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Issue Date and on or prior to the close of business on September 1, 2020 (subject to adjustment pursuant to Section 5(l), the “Termination Date”), but not thereafter, to purchase from Athersys, Inc., a Delaware corporation (the “Company”), up to 20,000,000 shares (subject to the limitations contained herein, including Section 3(d), and subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). The purchase price of one Warrant Share shall be equal to the applicable exercise price set forth in Section 1(b) (each such price, as applicable, the “Exercise Price”). This Warrant is being issued pursuant to that certain Securities Purchase Agre
