PRE-FUNDED COMMON STOCK PURCHASE WARRANT ATHERSYS, INC.Pre-Funded Common Stock Purchase Warrant • April 18th, 2023 • Athersys, Inc / New • Pharmaceutical preparations
THIS PRE-FUNDED 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 the date hereof (the “Initial Exercise Date”) until this Warrant is exercised in full (the “Termination Date”), but not thereafter, to subscribe for and purchase from Athersys, Inc., a Delaware corporation (the “Company”), up to [●] 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 Warrant Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
COMMON STOCK PURCHASE WARRANT ATHERSYS, INC.Security Agreement • April 18th, 2023 • 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 October 19, 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on October 19, 2030 (the “Termination Date”), but not thereafter, to subscribe for and purchase from Athersys, Inc., a Delaware corporation (the “Company”), up to 3,689,600 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).
Athersys, Inc. Attention: Mr. Daniel CamardoPlacement Agent Agreement • April 18th, 2023 • Athersys, Inc / New • Pharmaceutical preparations • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 18th, 2023 • Athersys, Inc / New • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 18, 2023, between 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”).
AMENDMENT NO. 2 TO COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • April 18th, 2023 • Athersys, Inc / New • Pharmaceutical preparations
This AMENDMENT NO. 2 TO COMMON STOCK PURCHASE WARRANT (this “Amendment”) is entered into as of April 17, 2023, by and between Athersys, Inc., a Delaware corporation (the “Company”), and Armistice Capital Master Fund Ltd. (the “Holder”).
