0000950123-10-053270 Sample Contracts

FORM OF SUBORDINATED INDENTURE by and between FUELCELL ENERGY, INC. as Issuer, and as Trustee Dated as of Page 1 of 131
Subordinated Indenture • May 26th, 2010 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

SUBORDINATED INDENTURE (this “Indenture”), dated as of , by and between FUELCELL ENERGY, INC., a Delaware corporation (the “Company”), as issuer, and , a , as trustee (the “Trustee”).

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FORM OF SENIOR INDENTURE by and between FUELCELL ENERGY, INC. as Issuer, and as Trustee Dated as of
Senior Indenture • May 26th, 2010 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

SENIOR INDENTURE (this “Indenture”), dated as of ___________, by and between FUELCELL ENERGY, INC., a Delaware corporation (the “Company”), as issuer, and _______________, a _______________, as trustee (the “Trustee”).

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