0001213900-17-011209 Sample Contracts

AMENDED AND SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • November 2nd, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This 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”).

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WAIVER
Waiver • November 2nd, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This 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.

WAIVER
Waiver • November 2nd, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York

This 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.

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