FUELCELL ENERGY, INC. Material Contracts
Every material contract the company filed as Exhibit 10 (executive pay plans, credit agreements, supplier and indemnity agreements), newest first, with the filing's own description.
- 2019-12-20: Form 8-K; Exhibit 10.1; Description Amendment to Loan Agreement, dated December 19, 2019, between Connecticut Green Bank and FuelCell Energy, Inc..
- 2019-11-25: Form 8-K; Exhibit 10.2; Description Payoff Letter dated November 22, 2019 by and between Groton Station Fuel Cell, LLC and Fifth Third Bank..
- 2019-11-25: Form 8-K; Exhibit 10.1; Description First Amendment to Credit Agreement, dated as of November 22, 2019, by and among FuelCell Energy, Inc., each of the Guarantors party to the Credit Agreement, the Lenders party to the Credit Agreement and Orion Energy Partners Investment Agent, LLC..
- 2019-11-06: Form 8-K; Exhibit 10.9; Description Payoff Letter, dated October 30, 2019, by and between FuelCell Energy Finance II, LLC and Generate Lending, LLC..
| Filed | Form | Exhibit | Description |
|---|---|---|---|
| 2019-12-20 | 8-K | 10.1 | Amendment to Loan Agreement, dated December 19, 2019, between Connecticut Green Bank and FuelCell Energy, Inc. |
| 2019-11-25 | 8-K | 10.2 | Payoff Letter dated November 22, 2019 by and between Groton Station Fuel Cell, LLC and Fifth Third Bank. |
| 2019-11-25 | 8-K | 10.1 | First Amendment to Credit Agreement, dated as of November 22, 2019, by and among FuelCell Energy, Inc., each of the Guarantors party to the Credit Agreement, the Lenders party to the Credit Agreement and Orion Energy Partners Investment Agent, LLC. |
| 2019-11-06 | 8-K | 10.9 | Payoff Letter, dated October 30, 2019, by and between FuelCell Energy Finance II, LLC and Generate Lending, LLC. |
| 2019-11-06 | 8-K | 10.8 | Payoff Letter, dated October 31, 2019, by and between FuelCell Energy Finance, LLC and NRG Energy, Inc. |
| 2019-11-06 | 8-K | 10.7 | Observer Rights Agreement, dated October 31, 2019, among FuelCell Energy, Inc., the Subsidiaries from time to time party thereto, Orion Energy Credit Opportunities Fund II, L.P., Orion Energy Credit Opportunities Fund II PV, L.P., and Orion Energy Credit Opportunities Fund II GPFA, L.P. |
| 2019-11-06 | 8-K | 10.6 | Form of Warrant issued/to be issued to the Lenders Pursuant to the Credit Agreement. |
| 2019-11-06 | 8-K | 10.5 | Agent Reimbursement Letter dated October 31, 2019 from Orion Energy Partners Investment Agent, LLC to FuelCell Energy, Inc, |
| 2019-11-06 | 8-K | 10.4 | Loan Discount Letter dated October 31, 2019 from Orion Energy Partners Investment Agent, LLC to FuelCell Energy, Inc. |
| 2019-11-06 | 8-K | 10.3 | Pledge and Security Agreement, dated as of October 31, 2019, among FuelCell Energy, Inc., each of the Subsidiaries party thereto, and Orion Energy Partners Investment Agent, LLC. |
| 2019-11-06 | 8-K | 10.2 | Credit Agreement, dated as of October 31, 2019, among FuelCell Energy, Inc., the Guarantors party thereto, the Lenders party thereto, and Orion Energy Partners Investment Agent, LLC. |
| 2019-11-06 | 8-K | 10.1 | Joint Development Agreement, effective as of October 31, 2019, between FuelCell Energy, Inc. and ExxonMobil Research and Engineering Company. |
| 2019-10-25 | 8-K | 10.1 | Amendment No. 2 to Construction Loan Agreement, dated as of October 21, 2019, by and between and Groton Station Fuel Cell, LLC and Fifth Third Bank. |
| 2019-10-04 | 8-K | 10.1 | At Market Issuance Sales Agreement between FuelCell Energy, Inc. and B. Riley FBR, Inc., dated October 4, 2019. |
| 2019-10-02 | 8-K | 10.4 | Payoff Letter, dated September 30, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital, Inc. and Hercules Funding II, LLC. (1) |
| 2019-10-02 | 8-K | 10.3 | Third Amendment to Right to Finance Agreement, dated as of September 30, 2019, by and among FuelCell Energy, Inc., FuelCell Energy Finance II, LLC and Generate Lending, LLC. |
| 2019-10-02 | 8-K | 10.2 | Third Amendment to Construction Loan Agreement, dated as of September 30, 2019, by and among FuelCell Energy Finance II, LLC, Bakersfield Fuel Cell 1, LLC, BRT Fuel Cell, LLC, CR Fuel Cell, LLC, Yaphank Fuel Cell, LLC, Homestead Fuel Cell 1, LLC, Derby Fuel Cell, LLC and Generate Lending, LLC. |
| 2019-10-02 | 8-K | 10.1 | Seventh Amendment to Loan Agreement, dated as of September 30, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc. |
| 2019-09-09 | 10-Q | 10.31 | Form of Letter Agreement Issued to Employees Under Cash Incentive Plan of FuelCell Energy, Inc. |
| 2019-09-09 | 10-Q | 10.30 | Summary of Cash Incentive Plan of FuelCell Energy, Inc. |
| 2019-08-20 | 8-K | 10.2 | Employment Agreement, effective as of August 26, 2019, by and between FuelCell Energy, Inc. and Jason B. Few. |
| 2019-08-20 | 8-K | 10.1 | Amendment to Engagement Letter, dated August 19, 2019 and effective as of August 26, 2019, between FuelCell Energy, Inc. and Huron Consulting Services LLC. |
| 2019-08-13 | 8-K | 10.4 | Amendment No. 1 to Construction Loan Agreement, dated as of August 13, 2019, by and between Groton Station Fuel Cell, LLC and Fifth Third Bank |
| 2019-08-13 | 8-K | 10.3 | Second Amendment to Right to Finance Agreement, dated as of August 13, 2019 by and between FuelCell Energy, Inc. and Generate Lending, LLC. |
| 2019-08-13 | 8-K | 10.2 | Second Amendment to Construction Loan Agreement, dated as of August 13, 2019, by and among FuelCell Energy Finance II, LLC, Bakersfield Fuel Cell 1, LLC, BRT Fuel Cell, LLC, CR Fuel Cell, LLC, Yaphank Fuel Cell Park, LLC, Homestead Fuel Cell 1, LLC, Derby Fuel Cell, LLC and Generate Lending, LLC. |
| 2019-08-13 | 8-K | 10.1 | Sixth Amendment to Loan Agreement, dated as of August 8, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc. |
| 2019-07-30 | 8-K | 10.2 | Employment Agreement, dated as of July 30, 2019, by and between FuelCell Energy, Inc. and Anthony Leo. |
| 2019-07-30 | 8-K | 10.1 | Employment Agreement, dated as of July 30, 2019, by and between FuelCell Energy, Inc. and Michael Lisowski. |
| 2019-07-25 | 8-K | 10.1 | Tenth Amendment to Loan and Security Agreement, dated July 24, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital, Inc. and Hercules Funding II, LLC. |
| 2019-07-12 | 8-K | 10.1 | Fifth Amendment to Loan Agreement, dated as of July 11, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc. |
| 2019-07-03 | 8-K | 10.2 | First Amendment to Right to Finance Agreement dated as of June 28, 2019 by and among FuelCell Energy, Inc., FuelCell Energy Finance II, LLC and Generate Lending, LLC. |
| 2019-07-03 | 8-K | 10.1 | First Amendment to Construction Loan Agreement dated as of June 28, 2019 by and among FuelCell Energy Finance II, LLC and Generate Lending, LLC. |
| 2019-06-17 | 10-Q | 10.3 | Fourth Amendment to Loan Agreement, dated as of June 13, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc. |
| 2019-06-17 | 10-Q | 10.2 | Engagement Letter, dated and effective as of June 2, 2019 between the Company and Huron Consulting Services LLC. |
| 2019-06-17 | 10-Q | 10.1 | *Employment Agreement, dated and effective as of February 8, 2011, between the Company and Arthur Bottone, President and Chief Executive Officer. |
| 2019-06-12 | 8-K | 10.2 | Ninth Amendment to Loan and Security Agreement, dated June 11, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital, Inc. and Hercules Funding II, LLC. (1)(2) |
| 2019-06-12 | 8-K | 10.1 | License Agreement, effective as of June 11, 2019, between ExxonMobil Research and Engineering Company and FuelCell Energy, Inc. |
| 2019-05-22 | 8-K | 10.2 | Schedule to the 1992 Master Agreement dated as of May 16, 2019 between Fifth Third Risk Solutions and Bridgeport Fuel Cell, LLC. |
| 2019-05-22 | 8-K | 10.1 | International Swap Dealers Association, Inc. Master Agreement dated as of May 16, 2019 between Fifth Third Financial Risk Solutions and Bridgeport Fuel Cell, LLC. |
| 2019-05-14 | 8-K | 10.11 | Eighth Amendment to Loan and Security Agreement, dated May 8, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital, Inc. and Hercules Funding II, LLC. |
| 2019-05-14 | 8-K | 10.10 | Pledge and Security Agreement dated as of May 9, 2019 by FuelCell Energy Finance, LLC for the benefit of the Connecticut Green Bank, as Administrative Agent. |
| 2019-05-14 | 8-K | 10.9 | Security Agreement dated as of May 9, 2019 by Dominion Bridgeport Fuel Cell, LLC in favor of the Connecticut Green Bank, as Administrative Agent. |
| 2019-05-14 | 8-K | 10.8 | $6,026,165.34 Promissory Note from Dominion Bridgeport Fuel Cell, LLC for the benefit of Connecticut Green Bank. |
| 2019-05-14 | 8-K | 10.7 | Credit Agreement, dated as of May 9, 2019 among Dominion Bridgeport Fuel Cell, LLC, as Borrower, and Connecticut Green Bank, as Administrative Agent and Collateral Agent, the Lenders. |
| 2019-05-14 | 8-K | 10.6 | Pledge and Security Agreement dated as of May 9, 2019 by FuelCell Energy Finance, LLC for the benefit of Liberty Bank, as Administrative Agent. |
| 2019-05-14 | 8-K | 10.5 | Security Agreement dated as of May 9, 2019 by Dominion Bridgeport Fuel Cell, LLC in favor of Liberty Bank, as Administrative Agent. |
| 2019-05-14 | 8-K | 10.4 | $12,500,000 Promissory Note from Dominion Bridgeport Fuel Cell, LLC for the benefit of Fifth Third Bank. |
| 2019-05-14 | 8-K | 10.3 | $12,500,000 Promissory Note from Dominion Bridgeport Fuel Cell, LLC for the benefit of Liberty Bank. |
| 2019-05-14 | 8-K | 10.2 | Credit Agreement, dated as of May 9, 2019 among Dominion Bridgeport Fuel Cell, LLC, as Borrower, Liberty Bank, as Administrative Agent and Co-Lead Arranger and Fifth Third Bank, as Co-Lead Arranger, the Lenders. |
| 2019-05-14 | 8-K | 10.1 | Second Amendment to Membership Interest Purchase Agreement dated as of May 9, 2019 between Dominion Generation, Inc. and FuelCell Energy Finance, LLC. |
| 2019-04-03 | 8-K | 10.2 | Third Amendment to Loan Agreement, dated as of March 29, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc. |
| 2019-04-03 | 8-K | 10.1 | Seventh Amendment to Loan and Security Agreement, dated March 29, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital, Inc. and Hercules Funding II, LLC. |
| 2019-03-05 | 8-K | 10.3 | Sixth Amendment to Loan and Security Agreement, dated February 28, 2019 and effective as of February 22, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital, Inc. and Hercules Funding II, LLC. |
| 2019-03-05 | 8-K | 10.2 | Guaranty Agreement, dated as of February 28, 2019, by FuelCell Energy, Inc. in favor of Fifth Third Bank. |
| 2019-03-05 | 8-K | 10.1 | Construction Loan Agreement, dated as of February 28, 2019, by and between Groton Station Fuel Cell, LLC and Fifth Third Bank. |
| 2019-02-21 | 8-K | 10.3 | Form of Consent and Waiver, dated February 21, 2019, by and between FuelCell Energy, Inc. and each Holder of Series D Convertible Preferred Stock. |
| 2019-02-21 | 8-K | 10.2 | Exchange Agreement, dated February 21, 2019, by and between FuelCell Energy, Inc. and the Holder of the Series A Warrant to Purchase Common Stock, issued on July 12, 2016. |
| 2019-02-21 | 8-K | 10.1 | Waiver Agreement, dated February 21, 2019, by and between FuelCell Energy, Inc. and the Sole Holder of Series C Convertible Preferred Stock. |
| 2019-02-05 | 8-K | 10.1 | Second Amendment to Assistance Agreement, dated as of January 24, 2019, and approved by the State of Connecticut, Office of the Attorney General on January 28, 2019. |
| 2019-01-10 | 10-K | 10.114 | First Amendment to Loan Agreement, dated as of April 18, 2016, by and among FuelCell Energy Finance, LLC, Riverside FuelCell, LLC and NRG Energy, Inc. |
| 2019-01-10 | 10-K | 10.112 | Membership Interest Purchase Agreement, dated October 31, 2018, by and between FuelCell Energy Finance, LLC and Dominion Generation, Inc. |