0001104659-18-020700 Sample Contracts

PLUG POWER INC. AND WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of March 27, 2018 5.50% Convertible Senior Notes due 2023
Indenture • March 28th, 2018 • Plug Power Inc • Electrical industrial apparatus • New York

INDENTURE, dated as of March 27, 2018, between PLUG POWER INC., a Delaware corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in Section 1.01).

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Re: Forward Stock Purchase Transaction
Forward Stock Purchase Transaction • March 28th, 2018 • Plug Power Inc • Electrical industrial apparatus • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between Morgan Stanley & Co. LLC (“Dealer”) and Plug Power Inc. (“Issuer” or “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

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