SEC Comment Letter 0000000000-23-003739 to ATHERSYS, INC / NEW (ATHXQ) (CIK 0001368148)
ATHERSYS, INC / NEW (ATHXQ) (CIK 0001368148)
Date: April 14, 2023 · CIK: 0001368148 · Accession: 0000000000-23-003739
AI Filing Summary & Sentiment
File numbers found in text: 333-271106
Letter
United States securities and exchange commission logo April 14, 2023 Kasey Rosado Interim Chief Financial Officer Athersys, Inc. 3201 Carnegie Ave Cleveland, Ohio 44115-2634 Re:Athersys, Inc. Registration Statement on Form S-3 Filed April 4, 2023 File No. 333-271106 Dear Kasey Rosado: We have limited our review of your registration statement to those issues we have addressed in our comment. Please respond to this letter by amending your registration statement and providing the requested information. If you do not believe our comment applies to your facts and circumstances or do not believe an amendment is appropriate, please tell us why in your response. After reviewing any amendment to your registration statement and the information you provide in response to this comment, we may have additional comments. Registration Statement on Form S-3 Filed April 4, 2023 General 1.In relation to the 2,000,000 shares of common stock underlying warrants issued in the September 22, 2022 private placement, please tell us your basis for registering the offering of these shares. In this regard, we note that the warrants were issued pursuant to Section 4(a)(2) of the Securities Act and are exercisable within one year. Please consider the rationale set out in Securities Act Sections C&DI Question 103.04. We remind you that the company and its management are responsible for the accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or absence of action by the staff.
FirstName LastNameKasey Rosado Comapany NameAthersys, Inc. April 14, 2023 Page 2 FirstName LastName Kasey Rosado Athersys, Inc. April 14, 2023 Page 2 Refer to Rules 460 and 461 regarding requests for acceleration. Please allow adequate time for us to review any amendment prior to the requested effective date of the registration statement. You may contact Doris Stacey Gama at 202-551-3188 or Laura Crotty at 202-551-7614 with any questions. Sincerely, Division of Corporation Finance Office of Life Sciences cc: Michael J. Solecki, Esq.
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United States securities and exchange commission logo
April 14, 2023
Kasey Rosado
Interim Chief Financial Officer
Athersys, Inc.
3201 Carnegie Ave
Cleveland, Ohio 44115-2634
Re:Athersys, Inc.
Registration Statement on Form S-3
Filed April 4, 2023
File No. 333-271106
Dear Kasey Rosado:
We have limited our review of your registration statement to those issues we have
addressed in our comment.
Please respond to this letter by amending your registration statement and providing the
requested information. If you do not believe our comment applies to your facts and
circumstances or do not believe an amendment is appropriate, please tell us why in your
response.
After reviewing any amendment to your registration statement and the information you
provide in response to this comment, we may have additional comments.
Registration Statement on Form S-3 Filed April 4, 2023
General
1.In relation to the 2,000,000 shares of common stock underlying warrants issued in the
September 22, 2022 private placement, please tell us your basis for registering the offering
of these shares. In this regard, we note that the warrants were issued pursuant to Section
4(a)(2) of the Securities Act and are exercisable within one year. Please consider the
rationale set out in Securities Act Sections C&DI Question 103.04.
We remind you that the company and its management are responsible for the accuracy
and adequacy of their disclosures, notwithstanding any review, comments, action or absence of
action by the staff.
FirstName LastNameKasey Rosado
Comapany NameAthersys, Inc.
April 14, 2023 Page 2
FirstName LastName
Kasey Rosado
Athersys, Inc.
April 14, 2023
Page 2
Refer to Rules 460 and 461 regarding requests for acceleration. Please allow adequate
time for us to review any amendment prior to the requested effective date of the registration
statement.
You may contact Doris Stacey Gama at 202-551-3188 or Laura Crotty at 202-551-7614
with any questions.
Sincerely,
Division of Corporation Finance
Office of Life Sciences
cc: Michael J. Solecki, Esq.