Item 1.01 Entry into a Material Definitive Agreement.
On July 7, 2021, Eos Energy Enterprises, Inc. (the "Company") issued
$100,000,000 in aggregate principal amount of the Company's 5%/6% Convertible
Senior PIK Toggle Notes due 2026 (the "Notes") to Spring Creek Capital, LLC, a
wholly-owned, indirect subsidiary of Koch Industries, Inc. ("Koch") pursuant to
that certain Investment Agreement, dated as of July 6, 2021, between the Company
and Koch (the "Investment Agreement"). The Investment Agreement contemplated an
ability to issue the notes under an indenture to facilitate transferability. As
permitted by the Investment Agreement, the Company reissued the Notes in an
aggregate principal amount of $102,900,000, including $2,900,000 principal
amount of the Notes representing interest previously paid in kind, pursuant to
an indenture with Wilmington Trust, National Association, as trustee (the
"Indenture"), dated as of April 7, 2022. The terms of the Notes remain the same
as under the Investment Agreement, which were previously described in the
Company's Current Report on Form 8-K filed on July 7, 2021.
Item 9.01 Financial Statement and Exhibits.
(d) Exhibits
Exhibit
Number Description of Document
4.1 Indenture, dated April 7, 2022, between the Company and Wilmington Trust,
National Association, as trustee.
4.2 Form of Note (included in Exhibit 4.1 hereto).
104 Cover page of this Current Report on Form 8-K formatted in Inline XBRL
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