SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 17th, 2023 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 15, 2023, between Eos Energy Enterprises, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
COMMON STOCK PURCHASE WARRANT EOS ENERGY ENTERPRISES, INC.Security Agreement • May 17th, 2023 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [________] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the earlier of (i) July 15, 2023, and (ii) the date on which the Company gives notice to the Holder that the registration statement provided for in Section 4.16 of the Purchase Agreement (defined below) has been declared effective and the Company has elected in its discretion to accelerate the initial exercisability date of the Warrant (such date, the “Initial Exercisability Date”) and on or prior to 5:00 p.m. (New York City time) on the date five (5) years following the Initial Exercisability Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Eos Energy Enterprises, Inc., a Delaware corporation (the “Company”), up to [________] shares (as subject to adjustment hereunder, the “Warrant Shares”
