FOURTH SUPPLEMENTAL AGREEMENTStandby Equity Purchase Agreement • April 11th, 2023 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This Fourth Supplemental Agreement (this “Agreement”), dated as of April 10, 2023, 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”).
AMENDMENT NO. 5 TO STANDBY EQUITY PURCHASE AGREEMENTStandby Equity Purchase Agreement • April 11th, 2023 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies
THIS AMENDMENT NO. 5 (this “Amendment”), dated as of April 10, 2023, 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, Amendment No. 2 thereto dated as of November 14, 2022, Amendment No. 3 thereto dated as of December 29, 2022 and Amendment No. 4 thereto dated as of March 17, 2023 (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.
