The US Bankruptcy Court gave an order to Athersys, Inc. to obtain DIP financing on a final basis on February 13, 2024. As per the order, the debtor has been authorized to obtain a term loan facility in the amount of $2.25 million from HEALIOS K.K. The DIP loan would carry an interest rate of 8% p.a., along with an additional 2% p.a. interest in the event of default. As per the terms of the DIP agreement, the loan carries a commitment fee of 2% p.a. The DIP facility would mature either on May 4, 2024 or on the effective date of the plan or on the date of consummation of the sale of substantially all assets, whichever is earlier.

Adequate protection would be provided to the DIP lenders in the form of super-priority administrative expense claims which is subject to a carve-out of $0.10 million towards unpaid professional fees / administrative expenses and first priority lien upon and security interest in the debtor?s collateral.