0001213900-22-083603 Sample Contracts

SECOND SUPPLEMENTAL AGREEMENT
Second Supplemental Agreement • December 29th, 2022 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York

This Second Supplemental Agreement (the “Agreement”), dated as of December 29, 2022, is entered into by and between YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Investor”) and EOS ENERGY ENTERPRISES, INC., a corporation organized and existing under the laws of the State of Delaware (the “Company”).

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AMENDMENT NO. 3 TO STANDBY EQUITY PURCHASE AGREEMENT
Equity Purchase Agreement • December 29th, 2022 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies

THIS AMENDMENT NO. 3 (the “Amendment”), dated as of December 29, 2022, to the Standby Equity Purchase Agreement dated as of April 28, 2022, as amended by Amendment No. 1 thereto dated as of June 13, 2022 and Amendment No 2. thereto dated as of November 14, 2022 (as amended, the “SEPA”), by and between YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Investor”), and Eos Energy Enterprises, Inc., a company incorporated under the laws of the State of Delaware (the “Company”, and together with the Investor, the “Parties”), is being executed at the direction of the Parties.

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