AMENDED AND SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 2nd, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York
Contract Type FiledNovember 2nd, 2017 Company Industry JurisdictionThis AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (the “Agreement”), is made as of November 1, 2017, by and among Ener-Core, Inc., a Delaware corporation, with headquarters located at 8965 Research Drive, Suite 100, Irvine, California 92618 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (each individually, an “Initial Buyer” and collectively, the “Initial Buyers”), and amends and restates that certain Securities Purchase Agreement, dated as of September 19, 2017, by and among the Company and the Buyers (the “Prior Agreement”).
WAIVERWaiver • November 2nd, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York
Contract Type FiledNovember 2nd, 2017 Company Industry JurisdictionThis WAIVER (the “Waiver”), dated as of November 1, 2017, is made by 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 November 2016 SPA (as defined below), as applicable.
WAIVERWaiver • November 2nd, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York
Contract Type FiledNovember 2nd, 2017 Company Industry JurisdictionThis WAIVER (the “Waiver”), dated as of November 1, 2017, is made by 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 November 2016 SPA (as defined below), as applicable.