Item 8.01. Other Events.
As Eos Energy Enterprises, Inc. (the "Company") previously announced on its Form
8-K filed on February 10, 2023, the Company filed a petition on February 10,
2023 in the Delaware Court of Chancery (the "Court of Chancery") under Section
205 of the DGCL (the "Petition") to (1) validate and declare effective the
Company's Third Amended and Restated Certificate of Incorporation that it filed
in Delaware on November 16, 2020 (the "Charter") and all amendments thereto and
(2) validate and declare effective the shares of the Company's common stock, par
value $0.0001 and other securities issued in reliance on the validity of the
Charter. Concurrently with the Petition, the Company filed a motion to expedite
the hearing on the Petition.
On February 10, 2023, the Court of Chancery granted the motion to expedite and
set a hearing date for the Petition to be heard. The hearing has been set for
February 27, 2023 at 3:15 p.m. Eastern Time in courtroom 12B in the Leonard L.
Williams Justice Center, 500 North King Street, Wilmington, Delaware 19801. As
required by the Court of Chancery, a copy of the Petition in the form filed with
the Court of Chancery is available at https://investors.eose.com.
This Form 8-K constitutes notice of the hearing. If any stockholder of the
Company wishes to express a position on the Petition, such stockholders of the
Company may (i) appear at the hearing or (ii) file a written submission with the
Register in Chancery, Leonard L. Williams Justice Center, 500 North King Street,
Wilmington, Delaware 19801, referring to the case caption, In re Eos Energy
Enterprises, Inc., C.A. No. 2023-0165-LWW (Del. Ch.), in advance of the hearing,
and any such written submission should be emailed to the Company's counsel,
Kevin M. Coen, Morris, Nichols Arsht & Tunnell LLP, at kcoen@morrisnichols.com.
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