What changed 10-K

Item 3. Legal Proceedings

2023-02-28 compared with 2022-02-25 · 7 added, 3 removed, 2 unchanged (83% of the section changed)

LEGAL PROCEEDINGS

From time to time, we may be involved in litigation relating to claims arising out of our operations.

There is no material litigation, arbitration or governmental proceeding currently pending against us or any members of our management team in their capacity as such.

Refer to Note 10 for discussion of a potential legal proceeding.

From time to time, the Company may be involved in litigation relating to claims arising out of the Company’s operations.

As disclosed in Note 17, Commitments and Contingencies to our consolidated financial statements included elsewhere in this Annual Report, the Company was under a previously-reported investigation by the U.S.

Department of Justice (the “DOJ”) for underpayment of certain custom duties in past years in connection with imports of batteries and battery components manufactured abroad.

On July 7, 2022, the Company entered into a settlement agreement (the “Settlement Agreement”) with the DOJ and Vincent Icolari (“Relator”) to resolve the investigation.

The investigation resulted from a qui tam lawsuit (the “Civil Action”) filed by the Relator in December 2019 alleging violations of the False Claims Act.

Pursuant to the terms of the Settlement Agreement, Eos Energy has agreed to pay a total of $1.0 million to the United States and $0.1 million to Relator’s counsel.

The Company has fully settled this liability as of December 31, 2022.

MINE SAFETY DISCLOSURES

Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.