Athersys, Inc. Common Stock, par value $0.001 per share Underwriting AgreementUnderwriting Agreement • April 20th, 2020 • Athersys, Inc / New • Pharmaceutical preparations • New York
Athersys, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom BofA Securities, Inc. (“BofA”) is acting as representative (the “Representative” or “you”) an aggregate of 22,250,000 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 3,337,500 additional shares (the “Optional Securities”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Securities”).
