0001437749-23-029409 Sample Contracts

COMMON STOCK PURCHASE WARRANT ATHERSYS, INC.
Athersys, Inc / New • October 30th, 2023 • Pharmaceutical preparations • New York

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 the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on October 30, 2028 (the “Termination Date”), but not thereafter, to subscribe for and purchase from Athersys, Inc., a Delaware corporation (the “Company”), up to 20,000,000 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).

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AMENDMENT TO SERIES A COMMON STOCK PURCHASE WARRANTS
Common Stock Purchase Warrants • October 30th, 2023 • Athersys, Inc / New • Pharmaceutical preparations

This AMENDMENT TO SERIES A COMMON STOCK PURCHASE WARRANTS (this “Amendment”) is entered into as of October 30, 2023, by and between Athersys, Inc., a Delaware corporation (the “Company”), and Armistice Capital Master Fund Ltd. (the “Holder”).

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