Eos Energy Enterprises, Inc.
For the period ended Sep 30, 2026. Filed Nov 5, 2026.
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A company's report for each of its first three quarters. The financial statements are not audited. It shows how the business has moved since the last annual report, and what management says changed.
Sep 30, 2026 · Filed Nov 5, 2026
EOSE$1.88+8.0%Stored close · as of Nov 9, 2026
Extracted filing text, with the paragraph anchors used by the comparison.
See the whole filing, with its images and exhibitsContents
Item 6. Exhibits
(a) Exhibits
| Incorporated by Reference | |||||
|---|---|---|---|---|---|
| Exhibit Number | Description of Document | Schedule/Form | File Number | Exhibits | Filing Date |
| 3.1 | Third Amended and Restated Certificate of Incorporation of the Company, as amended | Form 10-K | File No. 001-39291 | 3.1 | February 28, 2023 |
| 3.2 | Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation of the Company, as amended | Form 10-Q | File No. 001-39291 | 3.2 | May 14, 2024 |
| 3.3 | Third Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation of the Company | Form 8-A | File No. 001-39291 | 3.4 | July 2, 2026 |
| 3.4* | Third Amended and Restated Bylaws of the Company | ||||
| 3.5 | Series A-1 Preferred Stock Certificate of Designation | Form 8-K | File No. 001-39291 | 3.1 | June 24, 2024 |
| 3.6 | Series A-2 Preferred Stock Certificate of Designation | Form 8-K | File No. 001-39291 | 3.1 | August 30, 2024 |
| 3.7 | Certificate of Designation of Series B-1 Non-Voting Convertible Preferred Stock | Form 8-K | File No. 001-39291 | 3.1 | September 12, 2024 |
| 3.8 | Certificate of Designation of Series B-2 Non-Voting Convertible Preferred Stock | Form 8-K | File No. 001-39291 | 3.2 | September 12, 2024 |
| 3.9 | Certificate of Designation of Series B-3 Non-Voting Convertible Preferred Stock | Form 8-K | File No. 001-39291 | 3.1 | November 4, 2024 |
| 3.10 | Certificate of Designation of Series B-4 Non-Voting Convertible Preferred Stock | Form 8-K | File No. 001-39291 | 3.1 | January 27, 2025 |
| 4.1 | Warrant Agreement | Form 8-K | File No. 001-39291 | 4.1 | July 1, 2026 |
| 4.2 | Form of Warrant Certificate | Form 8-K | File No. 001-39291 | 4.2 | July 1, 2026 |
| 4.3 | Warrant Agreement, dated August 3, 2026, by and between the Registrant and Continental Stock Transfer & Trust Company | Form 8-K | File No. 001-39291 | 4.2 | August 6, 2026 |
| 4.4 | Exchange Agreement, dated August 4, 2026, by and between the Registrant and HBC MSF Capital Solutions Blocker II LLC | Form 8-K | File No. 001-39291 | 4.3 | August 6, 2026 |
| 4.5 | Registration Rights Agreement dated August 4, 2026 by and between Eos Energy Enterprises, Inc. and CCM Frontier JV Holdco, LLC | Form 8-K | File No. 001-39291 | 4.4 | August 6, 2026 |
| 4.6 | Registration Rights Agreement dated August 4, 2026 by and between Eos Energy Enterprises, Inc. and HBC MSF Capital Solutions Blocker II LLC | Form 8-K | File No. 001-39291 | 4.5 | August 6, 2026 |
| Incorporated by Reference | |||||
|---|---|---|---|---|---|
| Exhibit Number | Description of Document | Schedule/Form | File Number | Exhibits | Filing Date |
| 10.1 | Amended and Restated Limited Liability Company Agreement dated August 4, 2026 by and among Eos Energy Enterprises, Inc., CCM Frontier JV Holdco, LLC and HBC MSF Capital Solutions Blocker II LLC | Form 8-K | File No. 001-39291 | 10.1 | August 6, 2026 |
| 10.2 | Contribution and Warrants Issuance Agreement dated August 4, 2026 by and between Eos Energy Enterprises, Inc. and Frontier Power USA Parent, LLC | Form 8-K | File No. 001-39291 | 10.2 | August 6, 2026 |
| 10.3 | Side Letter dated August 4, 2026 by and between Eos Energy Enterprises, Inc., CCM Frontier JV Holdco, LLC, and Frontier Power USA Parent, LLC | Form 8-K | File No. 001-39291 | 10.3 | August 6, 2026 |
| 10.4 | Third Amendment to Loan Guarantee Agreement, dated August 4, 2026, by and between Eos Energy Enterprises, Inc. and the United States Department of Energy | Form 8-K | File No. 001-39291 | 10.4 | August 6, 2026 |
| 10.5* | Separation Agreement, dated September 10, 2026, by and between Eos Energy Enterprises, Inc. and Nathan Kroeker | ||||
| 31.1* | Certification of Chief Executive Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | ||||
| 31.2* | Certification of Chief Financial Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | ||||
| 32** | Certification of Chief Executive Officer and Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | ||||
| 101.INS | XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document. | ||||
| 101.SCH | XBRL Taxonomy Extension Schema Document | ||||
| 101.CAL | XBRL Taxonomy Extension Calculation Linkbase Document | ||||
| 101.DEF | XBRL Taxonomy Extension Definition Linkbase Document | ||||
| 101.LAB | XBRL Taxonomy Extension Label Linkbase Document | ||||
| 101.PRE | XBRL Taxonomy Extension Presentation Linkbase Document | ||||
| Incorporated by Reference | |||||
| Exhibit Number | Description of Document | Schedule/Form | File Number | Exhibits | Filing Date |
| 104 | Cover page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) | ||||
*Filed herewith.
** Furnished herewith.
Portions of this exhibit have been omitted pursuant to Item 601(b)(10) of Regulation S-K because they are both (i) not material and (ii) contain the type of information that the Company customarily and actually treats as private or confidential.
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