Description of Notes. (a) The Company will authorize the issue and sale of:
(i) $15,000,000 aggregate principal amount of its 5.63% Series 2002-A Senior Notes, Tranche A (the "Tranche A Notes"), to be dated the date of issue, to bear interest from such date at the rate of 5.63% per annum, payable semiannually on the 18th day of June and December in each year (commencing June 18, 2003) and at maturity and to bear interest on overdue principal (including any overdue optional prepayment of principal) and premium, if any, and (to the extent legally enforceable) on any overdue installment of interest at the Overdue Rate after the date due, whether by acceleration or otherwise, until paid, to mature on December 18, 2009, and to be substantially in the form attached hereto as Exhibit A-1; and
(ii) $40,000,000 aggregate principal amount of its 6.16% Series 2002-A Senior Notes, Tranche B (the "Tranche B Notes"), to be dated the date of issue, to bear interest from such date at the rate of 6.16% per annum, payable semiannually on the 18th day of June and December in each year (commencing June 18, 2003) and at maturity and to bear interest on overdue principal (including any overdue optional prepayment of principal) and premium, if any, and (to the extent legally enforceable) on any overdue installment of interest at the Overdue Rate after the date due, whether by acceleration or otherwise, until paid, to mature on December 18, 2012, and to be substantially in the form attached hereto as Exhibit A-2. The Series 2002-A Notes, together with each series of Additional Notes which may from time to time be issued pursuant to the provisions of SECTION 1.4, are sometimes hereinafter collectively referred to as the "Notes".
(b) Interest on the Series 2002-A Notes shall be computed on the basis of a 360-day year of twelve 30-day months. The Series 2002-A Notes are not subject to prepayment or redemption at the option of the Company prior to their expressed maturity dates except on the terms and conditions and in the amounts and with the premium, if any, set forth in SECTION 2. You and the other purchasers named in Schedule I are hereinafter sometimes referred to as the "Purchasers". The terms which are capitalized herein shall have the meanings set forth in SECTION 8.1 unless the context shall otherwise require.
Description of Notes. 1 Section 1.2. Commitment, Closing Date...............................................................2
Description of Notes. Closing Date August 18, 2015
Description of Notes. The Company will authorize the issue and sale of $50,000,000 aggregate principal amount of its 4.02% Senior Notes due August 14, 2025 (as amended, restated or otherwise modified from time to time pursuant to Section 17 and including any such notes issued in substitution therefor pursuant to Section 13, the “Notes”). The Notes shall be substantially in the form set out in Schedule 1. Certain capitalized and other terms used in this Agreement are defined in Schedule B. References to a “Schedule” are references to a Schedule attached to this Agreement unless otherwise specified. References to a “Section” are references to a Section of this Agreement unless otherwise specified.
Description of Notes. 1 Section 1.2. Commitment: Closing Date. . . . . . . . . . . . . . .2 Section 1.3.
Description of Notes. The Base Funding Notes and the Contingency Funding Notes shall bear interest from the applicable Issuance Date at the rates of 15% and 20% per annum, respectively; provided, however, that in the event that the Issuer defaults in any payment of interest or principal on any Note when the same becomes due and payable, the portion of the principal or interest for which interest has not been paid when due or such portion of the principal or interest which has not been paid when due shall bear interest at the rate of 20% per annum, in the case of the Base Funding Notes, or 25% per annum, in the case of the Contingency Funding Notes. Interest shall accrue on the principal amount of the Notes on a daily basis until such time as the principal amount is paid off in full in cash in accordance with the terms of this Agreement. Interest on each Note shall be compounded annually on each anniversary of the applicable Issuance Date for such Note and, except as otherwise provided in this Agreement, shall be added at such to, and thereafter be a part of and treated as principal of the applicable Notes (regardless of whether evidenced by a Note). The unpaid principal and accrued interest shall be due and payable in cash on the earliest of (a) June 9, 2016, (b) the Redemption Date, with respect to all or any portion of the Notes required to be redeemed on such date in accordance with the terms of this Agreement, and (c) the occurrence of an Event of Default (provided, however, that in the case of an Event of Default listed in Section 8.3(b), Section 8.8, or Section 8.9, the unpaid principal and accrued interest shall be due and payable only upon the written demand of the Majority Lenders) (the earlier to occur of (a)-(c), the “Maturity Date”). Interest shall be determined in all instances based upon a 365-day year (or 366 days in the case of a leap year) and the actual number of days elapsed, including the first day but excluding the payment date. Each of the Parties agrees, on behalf of itself and its successors and assigns, that notwithstanding anything to the contrary contained in any Note issued pursuant to the Original Agreement, (i) each such Note shall be deemed amended to provide that clause (a) of the definition of “Maturity Date” shall be June 9, 2016, (ii) each such Note shall be deemed amended to provide that the subordination legend be deleted, and (iii) the Issuer shall promptly issue replacement notes, substantially in the form set forth on Exhibit A-1 or Exhib...
Description of Notes. 1 Section 1.2. Commitment, Closing Date.............................. 2 Section 1.3. Several Commitments................................... 2
Description of Notes. The notes were issued under an indenture (the “indenture”), dated April 7, 2022, between us and Wilmington Trust, National Association, as trustee (the “trustee”). A copy of the indenture is filed as an exhibit to the registration statement of which this prospectus forms a part. The terms of the notes include those expressly set forth in the indenture and those made part of the indenture by reference to the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”). You may request a copy of the indenture from us as described under “Where You Can Find More Information.” The following description is a summary of the material provisions of the notes and the indenture and does not purport to be complete. This summary is subject to and is qualified by reference to all the provisions of the notes and the indenture, including the definitions of certain terms used in the indenture. We urge you to read these documents because they, and not this description, define your rights as a holder of the notes. For purposes of this description, references to “we,” “our” and “us” refer only to Eos Energy Enterprises, Inc. and not to its subsidiaries. The notes: ● are our general unsecured, senior obligations; ● were initially issued in an aggregate principal amount of $100,000,000; ● accrue interest from the date of issuance (or the most recent interest payment date, whichever is later), payable in cash at the rate of 5.00% per year or in kind at the rate of 6.00% per year, at our election, on June 30 and December 30 of each year, as described below under “—Interest;” ● are subject to redemption at our option, in whole or in part, on or after June 30, 2024 if the last reported sale price of our common stock has been at least 130% of the conversion price then in effect for at least 20 trading days (whether or not consecutive) during any 30 consecutive trading day period ending on, and including, the trading day immediately preceding the date on which we provide notice of redemption at a redemption price equal to 100% of the capitalized principal amount of the notes to be redeemed, plus any accrued interest that has not been paid or capitalized to, but excluding, the redemption date; ● are subject to repurchase by us at the option of the holders following a fundamental change (as defined below under “—Fundamental Change Permits Holders to Require Us to Repurchase Notes”), at a fundamental change repurchase price equal to 100% of the capitalized principal amount of the...
Description of Notes. The Company will authorize the issue and sale of the following Senior Notes: Issue Series and/or Tranche Aggregate Principal Amount Interest Rate Maturity Date Senior Notes Series 2005-A $40,000,000 5.69% November 1, 2018 The Series 2005-A Senior Notes described above (the “Series A Notes”) together with each Series of Additional Notes that may from time to time be issued pursuant to the provisions of Section 2.2 are collectively referred to as the “Notes” (such term shall also include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Series A Notes shall be substantially in the form set out in Exhibit 1(a) with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.
Description of Notes. Closing Date August 4, 2016 Initial Note A-1-EMP-C1 Principal Balance $32,892,473.10 Initial Note A-1-SFC-C1 Principal Balance $9,107,526.90 Initial Note A-1-EMP-C2 Principal Balance $23,494,623.70 Initial Note A-1-SFC-C2 Principal Balance $6,505,376.30 Initial Note A-1-EMP-C3 Principal Balance $23,494,623.70 Initial Note A-1-SFC-C3 Principal Balance $6,505,376.30 Initial Note A-1-EMP-C4 Principal Balance $18,426,833.30 Initial Note A-1-SFC-C4 Principal Balance $5,102,166.70 Initial Note A-2-EMP-C1 Principal Balance $32,892,473.10 Initial Note A-2-SFC-C1 Principal Balance $9,107,526.90 Initial Note A-2-EMP-C2 Principal Balance $23,494,623.70 Initial Note A-2-SFC-C2 Principal Balance $6,505,376.30 Initial Note A-2-EMP-C3 Principal Balance $23,494,623.70 Initial Note A-2-SFC-C3 Principal Balance $6,505,376.30 Initial Note A-2-EMP-C4 Principal Balance $18,426,833.30 Initial Note A-2-SFC-C4 Principal Balance $5,102,166.70 Initial Note A-1-EMP-S1 Principal Balance $35,637,232.50 Initial Note A-1-SFC-S1 Principal Balance $9,867,517.50 Initial Note A-1-EMP-S2 Principal Balance $35,637,232.50 Initial Note A-1-SFC-S2 Principal Balance $9,867,517.50 Initial Note A-2-EMP-S1 Principal Balance $35,637,232.50 Initial Note A-2-SFC-S1 Principal Balance $9,867,517.50 Initial Note A-2-EMP-S2 Principal Balance $35,637,232.50 Initial Note A-2-SFC-S2 Principal Balance $9,867,517.50 Initial Note B-1-EMP Principal Balance $48,916,981.20 Initial Note B-1-SFC Principal Balance $13,544,518.80 Initial Note B-2-EMP Principal Balance $48,916,981.20 Initial Note B-2-SFC Principal Balance $13,544,518.80 Approximate Initial Note A-1-EMP-C1 5.89471% Approximate Initial Note A-1-SFC-C1 Percentage Interest 1.63217% Approximate Initial Note A-1-EMP-C2 Percentage Interest 4.21051% Approximate Initial Note A-1-SFC-C2 Percentage Interest 1.16584% Approximate Initial Note A-1-EMP-C3 Percentage Interest 4.21051% Approximate Initial Note A-1-SFC-C3 Percentage Interest 1.16584% Approximate Initial Note A-1-EMP-C4 Percentage Interest 3.30230% Approximate Initial Note A-1-SFC-C4 Percentage Interest 0.91437% Approximate Initial Note A-2-EMP-C1 Percentage Interest 5.89471% Approximate Initial Note A-2-SFC-C1 Percentage Interest 1.63217% Approximate Initial Note A-2-EMP-C2 Percentage Interest 4.21051% Approximate Initial Note A-2-SFC-C2 Percentage Interest 1.16584% Approximate Initial Note A-2-EMP-C3 Percentage Interest 4.21051% Approximate Initial Note A-2-SFC-C3 Percentage Interest 1.16584% Approximat...
