FOURTH AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 27th, 2018 • Ener-Core, Inc. • Miscellaneous chemical products • New York
This FOURTH AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (the “Agreement”), is made as of March 26, 2018, 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 “November Agreement”), on December 20, 2017 (the “December Agreement”), and on January 25, 2018 (the “Prior Agreement”).
WAIVERWaiver • March 27th, 2018 • Ener-Core, Inc. • Miscellaneous chemical products • New York
This WAIVER (the “Waiver”), dated as of March 26, 2018, 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 • March 27th, 2018 • Ener-Core, Inc. • Miscellaneous chemical products • New York
This WAIVER (the “Waiver”), dated as of March 26, 2018, 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.
