Eos Energy Enterprises, Inc. - FORM 8-K - EX-4.1 - SPECIMEN COMMON STOCK CERTIFICATE - November 20, 2020

Attached files

file filename
EX-99.1 - UNAUDITED PRO FORMA CONDENSED FINANCIAL INFORMATION OF THE COMPANY - Eos Energy Enterprises, Inc.ea130208ex99-1_eosenergy.htm
EX-21.1 - SUBSIDIARIES OF THE COMPANY - Eos Energy Enterprises, Inc.ea130208ex21-1_eosenergy.htm
EX-16.1 - LETTER FROM MARCUM LLP TO THE SEC, DATED NOVEMBER 20, 2020 - Eos Energy Enterprises, Inc.ea130208ex16-1_eosenergy.htm
EX-10.13 - FORM OF INDEMNITY AGREEMENT - Eos Energy Enterprises, Inc.ea130208ex10-13_eosenergy.htm
EX-10.12 - EMPLOYMENT AGREEMENT, DATED JUNE 1, 2020, BY AND BETWEEN THE COMPANY AND MACK TR - Eos Energy Enterprises, Inc.ea130208ex10-12_eosenergy.htm
EX-10.11 - EMPLOYMENT AGREEMENT, DATED JUNE 22, 2020, BY AND BETWEEN THE COMPANY AND JOE MA - Eos Energy Enterprises, Inc.ea130208ex10-11_eosenergy.htm
EX-10.10 - B. RILEY PRINCIPAL MERGER CORP. II 2020 INCENTIVE PLAN - Eos Energy Enterprises, Inc.ea130208ex10-10_eosenergy.htm
EX-10.9 - REGISTRATION RIGHTS AGREEMENT, DATED NOVEMBER 16, 2020, BY AND AMONG THE COMPANY - Eos Energy Enterprises, Inc.ea130208ex10-9_eosenergy.htm
EX-10.8 - SPONSOR EARNOUT LETTER - Eos Energy Enterprises, Inc.ea130208ex10-8_eosenergy.htm
EX-10.7 - FORM OF SUBSCRIPTION AGREEMENT - Eos Energy Enterprises, Inc.ea130208ex10-7_eosenergy.htm
EX-4.2 - SPECIMEN WARRANT CERTIFICATE - Eos Energy Enterprises, Inc.ea130208ex4-2_eosenergy.htm
EX-3.2 - AMENDED AND RESTATED BYLAWS OF THE COMPANY - Eos Energy Enterprises, Inc.ea130208ex3-2_eosenergy.htm
EX-3.1 - THIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF THE COMPANY - Eos Energy Enterprises, Inc.ea130208ex3-1_eosenergy.htm
8-K - CURRENT REPORT - Eos Energy Enterprises, Inc.ea130208-8k_eosenergy.htm

Exhibit 4.1

 

NUMBER

C-

   SHARES
     
SEE REVERSE FOR CERTAIN DEFINITIONS    
     
    CUSIP 29415C 101

 

EOS ENERGY ENTERPRISES, INC.

 

COMMON STOCK

 

THIS CERTIFIES THAT                   is the owner of                     fully paid and non-assessable shares of common stock, par value $0.0001 per share (the “Common Stock”), of Eos Energy Enterprises, Inc., a Delaware corporation (the “Company”), transferable on the books of the Company in person or by duly authorized attorney upon surrender of this certificate properly endorsed.

 

This certificate is not valid unless countersigned by the Transfer Agent and registered by the Registrar of the Company.

 

Witness the facsimile signature of a duly authorized signatory of the Company.

 

     
Authorized Signatory   Transfer Agent

 

 

 

 

EOS ENERGY ENTERPRISES, INC.

 

The Company will furnish without charge to each stockholder who so requests, a statement of the powers, designations, preferences and relative, participating, optional or other special rights of each class of stock or series thereof of the Company and the qualifications, limitations, or restrictions of such preferences and/or rights. This certificate and the shares represented thereby are issued and shall be held subject to all the provisions of the Company’s Third Amended and Restated Certificate of Incorporation and all amendments thereto and resolutions of the Board of Directors providing for the issue of securities (copies of which may be obtained from the secretary of the Company), to all of which the holder of this certificate by acceptance hereof assents.

 

The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations:

 

TEN COM — as tenants in common UNIF GIFT MIN ACT —   Custodian  
TEN ENT — as tenants by the entireties     (Cust)   (Minor)

  

JT TEN — as joint tenants with right of survivorship and not as tenants in common    

under Uniform Gifts to Minors Act

 

(State)

 

Additional abbreviations may also be used though not in the above list.

 

For value received,                    hereby sells, assigns and transfers unto

 

(PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER(S) OF ASSIGNEE(S))

 

(PLEASE PRINT OR TYPEWRITE NAME(S) AND ADDRESS(ES), INCLUDING ZIP CODE, OF ASSIGNEE(S))

 

shares of Common Stock represented by the within Certificate, and hereby irrevocably constitutes and appoints

 

Attorney to transfer the said shares of Common Stock on the books of the within named Company with full power of substitution in the premises.

 

Dated:

 

   
  Notice: The signature(s) to this assignment must correspond with the name as written upon the face of the certificate in every particular, without alteration or enlargement or any change whatever.

 

 

 

 

Signature(s) Guaranteed:

 

   
   
THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM, PURSUANT TO S.E.C. RULE 17Ad-15 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED (OR ANY SUCCESSOR RULE).  

 

 

 

 

Eos Energy Enterprises, Inc. Reports