0001213900-16-019112 Sample Contracts

AMENDMENT AGREEMENT AND WAIVER
Amendment Agreement and Waiver • December 2nd, 2016 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This Amendment Agreement and Waiver (this “Agreement”), is made and entered into as of December 1, 2016, by and between Ener-Core, Inc., a Delaware corporation (the “Company”), and [BUYER] (the “Buyer”). All capitalized terms used herein but not defined shall have the meanings ascribed to such terms in the Purchase Agreement (as defined below).

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AMENDMENT AGREEMENT
Amendment Agreement • December 2nd, 2016 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This AMENDMENT AGREEMENT (the “Agreement”), dated as of November 23, 2016, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 9400 Toledo Way, Irvine, California 92618 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the April 2015 SPA and May 2015 SPA (each as defined below), as applicable.

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