SECOND AMENDED AND SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 21st, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York
This SECOND AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (the “Agreement”), is made as of December 20, 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 “Original Agreement”), as previously amended and restated on November 1, 2017 (the “Prior Agreement”).
WAIVERWaiver • December 21st, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York
This WAIVER (the “Waiver”), dated as of December [__], 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 • December 21st, 2017 • Ener-Core, Inc. • Miscellaneous chemical products • New York
This WAIVER (the “Waiver”), dated as of December [__], 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.
