Eos Energy Enterprises, Inc. 5%/6% Convertible Senior PIK Toggle Note due 2026Eos Energy Enterprises, Inc. • July 7th, 2021 • Miscellaneous electrical machinery, equipment & supplies • New York
INDENTURE dated as of [_____] between EOS ENERGY ENTERPRISES, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and [TRUSTEE], a [Insert Type of Entity], as trustee (the “Trustee,” as more fully set forth in Section 1.01).
INVESTMENT AGREEMENT by and among EOS ENERGY ENTERPRISES, INC. and SPRING CREEK CAPITAL, LLC Dated as of July 6, 2021Investment Agreement • July 7th, 2021 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
This INVESTMENT AGREEMENT (this “Agreement”), dated as of July 6, 2021, is by and among Eos Energy Enterprises, Inc., a Delaware corporation (together with any successor or assign pursuant to Section 6.07, the “Company”), and Spring Creek Capital, LLC, a Delaware limited liability company (together with its successors and any permitted transferee that becomes a Purchaser party hereto in accordance with Section 4.02 and Section 6.07, the “Purchaser”). Capitalized terms not otherwise defined where used shall have the meanings ascribed thereto in Article 1.
