REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 20th, 2020 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This Registration Rights Agreement (this “Agreement”) is made as of November, 16, 2020 by and among Eos Energy Enterprises, Inc., a Delaware corporation (the “Company”), each of the other persons listed on the signature pages hereto (each, a “Securityholder” and collectively, the “Securityholders”), and any person or entity who hereafter becomes a party to this Agreement pursuant to Section 6.2 of this Agreement (together with the Securityholders, each a “Holder” and, collectively, the “Holders”).
INDEMNITY AGREEMENTIndemnification Agreement • November 20th, 2020 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of [●] , 2020, by and between Eos Energy Enterprises, Inc., a Delaware corporation (the “Company”), and [●] (“Indemnitee”).
Employment AgreementEmployment Agreement • November 20th, 2020 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • New Jersey
This Employment Agreement (this “Agreement”) is dated as of June 1, 2020 (the “Commencement Date”), and is made by and between Eos Energy Storage LLC, a Delaware limited liability company (the “Company”), and Mack Treece (“Executive”).
SUBSCRIPTION AGREEMENTSubscription Agreement • November 20th, 2020 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This SUBSCRIPTION AGREEMENT (this “Subscription Agreement”) is entered into on [●], 2020, by and between B. Riley Principal Merger Corp. II, a Delaware corporation (“BMRG”), and the undersigned subscriber (the “Subscriber”).
November 16, 2020Earn Out Agreement • November 20th, 2020 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies
Reference is hereby made to (i) that certain Agreement and Plan of Merger, dated as of September 7, 2020 (the “Merger Agreement”), by and among B. Riley Principal Merger Corp. II, a Delaware corporation (“Parent”), BMRG Merger Sub, LLC, a Delaware limited liability company, BMRG Merger Sub II, LLC, a Delaware limited liability company, Eos Energy Storage LLC, a Delaware limited liability company (the “Company”), and the other parties thereto, and (ii) that certain letter agreement, dated as of May 19, 2020 (the “Insider Letter”), by and among Parent, B. Riley FBR, Inc., and B. Riley Principal Sponsor Co. II, LLC, a Delaware limited liability company (“Sponsor”). Capitalized terms used herein but not otherwise defined shall have the respective meanings given to such terms in the Merger Agreement, except that “Transfer” and “Permitted Transferee” shall have the meaning given to such term in the Insider Letter.
