10,400,000 Shares of Common Stock And Warrants to Purchase 3,120,000 Shares of Common Stock Plug Power Inc. Common Stock (par value $0.01 per share) UNDERWRITING AGREEMENTUnderwriting Agreement • December 21st, 2016 • Plug Power Inc • Electrical industrial apparatus • New York
Plug Power Inc., a Delaware corporation (the “Company”), proposes to issue and sell to Oppenheimer & Co. Inc. (the “Underwriter” or “Oppenheimer”) (i) 10,400,000 shares of its common stock, par value $0.01 (the “Shares”) and (ii) warrants to purchase 3,120,000 shares of Common Stock (the “Warrants,” and together with the Shares, the “Securities”). The shares of common stock, par value $0.01 of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.” The shares of Common Stock underlying the Warrants are hereinafter referred to as the “Warrant Shares.” The Shares and the Warrants shall be sold together as a fixed combination, each consisting of one Share and 0.3 of a Warrant to purchase one share of Common Stock. The Shares and the Warrants shall be immediately separable and transferable upon issuance. The terms of the Warrants are set forth in the form of Warrant attached as Exhibit A hereto.
18,500 Shares of Series D Convertible Preferred Stock And Warrants to Purchase 7,381,500 Shares of Common Stock Plug Power Inc. Series D Convertible Preferred Stock (par value $0.01 per share) Common Stock (par value $0.01 per share) UNDERWRITING...Underwriting Agreement • December 21st, 2016 • Plug Power Inc • Electrical industrial apparatus • New York
Plug Power Inc., a Delaware corporation (the “Company”), proposes to issue and sell to Oppenheimer & Co. Inc. (the “Underwriter” or “Oppenheimer”) (i) 18,500 shares of its Series D Convertible Preferred stock, par value $0.01 (the “Shares”) and (ii) warrants to purchase 7,381,500 shares of common stock (the “Common Stock”), par value $0.01 per share (the “Warrants,” and together with the Shares, the “Securities”). The shares of Common Stock underlying the Shares are hereinafter referred to as the “Conversion Shares.” The shares of Common Stock underlying the Warrants are hereinafter referred to as the “Warrant Shares.” The Shares and the Warrants shall be sold together as a fixed combination, each consisting of one Share and 399 Warrants to purchase one share of Common Stock. The Shares and the Warrants shall be immediately separable and transferable upon issuance. The terms of the Warrants are set forth in the form of Warrant attached as Exhibit A hereto.
