STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (“STTA”) dated as of October 27, 2009 between FUELCELL ENERGY, INC. and POSCO POWERStack Technology Transfer and License Agreement • November 2nd, 2009 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (this “Agreement”) is made and entered into this 27th day of October, 2009, by and between FUELCELL ENERGY, INC., a Delaware corporation having a place of business at 3 Great Pasture Rd., Danbury, CT 06813, U.S.A. (“FCE”) and POSCO POWER, a Korean corporation having a place of business at Posteel Tower 20th floor, 735-3, Yeoksam-dong, Gangnam-gu, Seoul 135-080, Korea (“POSCO Power”).
SECURITIES PURCHASE AGREEMENT by and between FUELCELL ENERGY, INC. and POSCO POWER June 9, 2009Securities Purchase Agreement • November 2nd, 2009 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of June 9, 2009, is made by and between FUELCELL ENERGY, INC., a Delaware corporation (the “Company”), and POSCO POWER, a Korean corporation, together with its permitted transferee (the “Purchaser”). Capitalized terms used herein and not otherwise defined have the meanings given to them in Exhibit A.
PURCHASE AND SALE CONTRACTPurchase and Sale Contract • November 2nd, 2009 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This PURCHASE AND SALE CONTRACT (the “Contract”) is made and entered into this 9th day of June, 2009, by and between POSCO Power Corporation, a corporation duly organized and existing under the laws of the Republic of Korea having a place of business at Posteel Tower 20th floor, 735-3, Yeoksam-dong, Gangnam-gu, Seoul 135-080, Korea (hereinafter referred to as “POSCO Power” or the “Buyer”) and FuelCell Energy, Inc., a corporation duly organized and existing under the laws of the State of Delaware, U.S.A., with its principal office at 3 Great Pasture Rd., Danbury, Connecticut, U.S.A. (hereinafter referred to as “FCE” or the “Seller”).
