UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
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Item 1.01 Entry into a Material Definitive Agreement.
On November 14, 2022, Eos Energy Enterprises, Inc. (the “Company”) and YA II PN, LTD (“Yorkville”) entered into Amendment No. 2 (the “Amendment No. 2”) to the Standby Equity Purchase Agreement dated as of April 28, 2022 (as amended by this Amendment No. 2 and Amendment No. 1 dated as of June 13, 2022, the “SEPA”), to decrease the commitment amount under the SEPA from $200,000,000 to $125,000,000. With the exception of the decrease in the commitment amount, the terms of the SEPA remain unchanged, and the SEPA, as amended, remains in full force and effect.
The foregoing description of the Amendment No. 2 does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment No. 2, a copy of which is filed with this Current Report on Form 8-K as Exhibit 10.1 hereto and is hereby incorporated by reference.
Item 9.01. Exhibits.
(d) Exhibits
| Exhibit No. | Description | |
| 10.1 | Amendment No. 2 to the Standby Equity Purchase Agreement dated as of November 14, 2022 between Eos Energy Enterprises, Inc. and YA II PN, LTD. | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Date: November 14, 2022 | EOS ENERGY ENTERPRISES, INC. | |
| By: | /s/ Randall Gonzales | |
| Name: | Randall Gonzales | |
| Title: | Chief Financial Officer | |