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FuelCell Energy | 8-K: Amendment No. 1 to the Open Market Sale Agreement

SEC announcement ·  Apr 11 05:23
Summary by Futu AI
On April 10, 2024, FuelCell Energy, Inc. announced the entry into Amendment No. 1 to their 2022 Sales Agreement with a consortium of investment banks, including Jefferies LLC and J.P. Morgan Securities LLC, among others. This amendment pertains to an at-the-market offering program allowing the company to sell up to $300 million of its common stock. The shares will be sold pursuant to a shelf registration statement that became effective on October 13, 2023. The company filed a prospectus supplement related to the offering on the same day as the amendment. Sales may be made at market prices and the company has agreed to pay a commission of 2.0% on gross proceeds from each sale to the agents, along with reimbursing legal fees up to...Show More
On April 10, 2024, FuelCell Energy, Inc. announced the entry into Amendment No. 1 to their 2022 Sales Agreement with a consortium of investment banks, including Jefferies LLC and J.P. Morgan Securities LLC, among others. This amendment pertains to an at-the-market offering program allowing the company to sell up to $300 million of its common stock. The shares will be sold pursuant to a shelf registration statement that became effective on October 13, 2023. The company filed a prospectus supplement related to the offering on the same day as the amendment. Sales may be made at market prices and the company has agreed to pay a commission of 2.0% on gross proceeds from each sale to the agents, along with reimbursing legal fees up to $75,000. FuelCell Energy has the option to sell the shares through only one agent per trading day and has the right to suspend sales with proper notice. The offering will continue until the maximum aggregate amount of shares is sold or the agreement is otherwise terminated. The company has also agreed to indemnify the agents against certain liabilities.

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