Eos Energy Enterprises, Inc.
For the period ended Jun 30, 2025. Filed Jul 30, 2025.
View on SEC.govAbout this filing
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, 2025 · Filed Jul 30, 2025
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 |
| 3.5 | Series A-2 Preferred Stock Certificate of Designation. | Form 8-K | File No. 001-39291 | 3.1 | August 30, 2024 |
| 3.6 | Certificate of Designation of Series B-1 Non-Voting Convertible Preferred Stock | Form 8-K | File No. 001-39291 | 3.1 | September 12, 2024 |
| 3.7 | Certificate of Designation of Series B-2 Non-Voting Convertible Preferred Stock | Form 8-K | File No. 001-39291 | 3.2 | September 12, 2024 |
| 3.8 | Certificate of Designation of Series B-3 Non-Voting Convertible Preferred Stock | Form 8-K | File No. 001-39291 | 3.1 | November 4, 2024 |
| 3.9 | 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 | Indenture, dated as of June 3, 2025, between Eos Energy Enterprises, Inc. and Wilmington Trust, National Association, as trustee | Form 8-K | File No. 001-39291 | 4.1 | June 3, 2025 |
| 4.2 | Form of certificate representing the 6.75% Convertible Senior Notes due 2030 (included as Exhibit A to Exhibit 4.1) | Form 8-K | File No. 001-39291 | 4.2 | June 3, 2025 |
| 4.3* | First Supplemental Indenture, dated July 28, 2025, between the Company and Wilmington Trust, as trustee | ||||
| 10.1# | Second Amendment to Credit and Guaranty Agreement, dated May 28, 2025, by and among the Company, CCM Denali Debt Holdings, LP and Cerberus US Servicing, LLC | Form 8-K | File No. 001-39291 | 10.1 | May 29, 2025 |
| 10.2 | Limited Consent to Loan Guarantee Agreement, dated May 28, 2025, by and between the Company and the United States Department of Energy | Form 8-K | File No. 001-39291 | 10.2 | May 29, 2025 |
| 10.3 | Third Amendment to Credit and Guaranty Agreement, dated May 29, 2025, by and among the Company, CCM Denali Debt Holdings, LP and Cerberus US Servicing, LLC | Form 8-K | File No. 001-39291 | 10.1 | June 2, 2025 |
| 10.4 | First Amendment to the Second Amended and Restated 2020 Incentive Plan | Form S-8 | File No. 333-288331 | 99.2 | June 26, 2025 |
| Incorporated by Reference | |||||
|---|---|---|---|---|---|
| Exhibit Number | Description of Document | Schedule/Form | File Number | Exhibits | Filing Date |
| 10.5*# · Fourth Amendment to Credit and Guaranty Agreement, dated July 29, 2025, by and among the Company, CCM Denali Debt Holdings, LP and Cerberus US Servicing, LLC | |||||
| 99.1 | Limited Waiver Agreement, dated May 28, 2025, by and between the Company and CCM Denali Equity Holdings, LP | Form 8-K | File No. 001-39291 | 10.2 | May 29, 2025 |
| 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) | ||||
*Filed 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.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.