COMMON STOCK PURCHASE WARRANT ATHERSYS, INC.Common Stock Purchase • September 22nd, 2022 • Athersys, Inc / New • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [●] or its 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 March [●], 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on March [●], 2030 (the “Termination Date”), but not thereafter, to subscribe for and purchase from Athersys, Inc., a Delaware corporation (the “Company”), up to 2,000,000 shares of common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 22nd, 2022 • Athersys, Inc / New • Pharmaceutical preparations • New York
This AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENT (this “Amendment”) is entered into as of September [●], 2022, by and among Athersys, Inc., a Delaware corporation (the “Company”), and each Purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and, collectively, the “Purchasers”). Capitalized terms used but not otherwise defined in this Amendment shall have the meanings ascribed to such terms in the Original Agreement (as defined below).
AMENDMENT NO. 1 TO COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • September 22nd, 2022 • Athersys, Inc / New • Pharmaceutical preparations
This AMENDMENT NO. 1 TO COMMON STOCK PURCHASE WARRANT (this “Amendment”) is entered into as of September [●], 2022, by and between Athersys, Inc., a Delaware corporation (the “Company”), and [●] (the “Holder”).
