EOS ENERGY ENTERPRISES, INC. $100,000,000 COMMON STOCK SALES AGREEMENTSales Agreement • August 5th, 2022 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
Eos Energy Enterprises, Inc. (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • August 5th, 2022 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS COMMITMENT INCREASE AGREEMENT (this “Agreement”) dated as of August 4, 2022, is among EOS ENERGY ENTERPRISES, INC., a Delaware corporation (the “Borrower”), each subsidiary of the Borrower party hereto (each, a “Guarantor”), the Lenders (as defined below) party hereto and ACP POST OAK CREDIT I LLC, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”) and acting on behalf of the Lenders not party hereto pursuant to a consent delivered in accordance with Section 13.02(b) of the Credit Agreement (the “Lender Consent”). Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement.
