Eos Energy Enterprises Inc
For the period ended Jun 30, 2024. Filed Aug 6, 2024.
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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.
Jun 30, 2024 · Filed Aug 6, 2024
EOSE$1.88+8.0%Stored close · as of Nov 9, 2026
Extracted filing text, with the paragraph anchors used by the comparison.
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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 | Second Amended and Restated Bylaws of the Company | Form 8-K | File No. 001-39291 | 3.1 | May 19, 2022 |
| 3.4 | Series A-1 Preferred Stock Certificate of Designation | Form 8-K | File No. 001-39291 | 3.1 | June 24, 2024 |
| 10.1 | Eos Energy Enterprises, Inc. 2020 Incentive Plan | Form 8-K | File No. 001-39291 | 10.10 | November 20, 2020 |
| 10.2 | First Amendment to the Amended and Restated 2020 Incentive Plan | Form S-8 | File No. 333-265708 | 99.2 | June 17, 2022 |
| 10.3 | Second Amendment to the Amended and Restated 2020 Incentive Plan | Form S-8 | File No. 333-272848 | 99.3 | June 23, 2023 |
| 10.4 | Third Amendment to the Amended and Restated 2020 Incentive Plan | Form 10-Q | File No. 001-39291 | 10.6 | May 14, 2024 |
| 10.5† | Credit Agreement, dated June 21, 2024, by and between Eos Energy Enterprises, Inc. and Cerberus Capital Management L.P. | Form 8-K | File No. 001-39291 | 10.1 | June 24, 2024 |
| 10.6 | Securities Purchase Agreement, dated June 21, 2024, by and between Eos Energy Enterprises, Inc. and Cerberus Capital Management L.P. | Form 8-K | File No. 001-39291 | 10.2 | June 24, 2024 |
| 10.7 | Form of Warrant | Form 8-K | File No. 001-39291 | 10.3 | June 24, 2024 |
| 10.8 | Form of Atlas Payoff Letter Agreement, dated June 21, 2024, by and between Eos Energy Enterprises, Inc. and ACP Post Oak Credit I LLC | Form 8-K | File No. 001-39291 | 10.4 | June 24, 2024 |
| 10.9 | Form of Insurer Letter Agreement, dated June 21, 2024, by and between Eos Energy Enterprises, Inc. and ACP Post Oak Credit I LLC | Form 8-K | File No. 001-39291 | 10.5 | June 24, 2024 |
| 10.10 | Form of Indemnification Agreement for Preferred Stock directors | Form 8-K | File No. 001-39291 | 10.6 | June 24, 2024 |
| 10.11 | Second Amended and Restated 2020 Incentive Plan | Form 8-K | File No. 001-39291 | 10.1 | July 30, 2024 |
| 10.12* | Form of Employee Time-Based Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. Amended and Restated 2020 Incentive Plan | ||||
| Incorporated by Reference | |||||
| Exhibit Number | Description of Document | Schedule/Form | File Number | Exhibits | Filing Date |
| 10.13* | Form of Employee Performance-Based Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. Amended and Restated 2020 Incentive Plan | ||||
| 10.14* | Form of Director Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. Amended and Restated 2020 Incentive Plan | ||||
| 10.15* | Form of Director Option Award Agreement under the Eos Energy Enterprises, Inc. 2020 Incentive Plan | ||||
| 10.16* | Form of Executive Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. 2020 Incentive Plan | ||||
| 10.17* | Form of Employee Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. 2020 Incentive Plan | ||||
| 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 | ||||
| 104 | Cover page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) | ||||
†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 and confidential. Certain exhibits and schedules have been omitted pursuant to Item 601(a)(5) of Regulation S-K. The Registrant hereby undertakes to furnish supplementally a copy of any omitted exhibit or schedule upon request by the Securities and Exchange Commission.
*Filed herewith.
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