0001104659-18-065758 Sample Contracts

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • November 2nd, 2018 • Plug Power Inc • Electrical industrial apparatus • New York

This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of November 1, 2018, is by and among Plug Power Inc., a Delaware corporation with offices located at 968 Albany Shaker Road, Latham, New York 12110 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).

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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • November 2nd, 2018 • Plug Power Inc • Electrical industrial apparatus • New York

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 2, 2018, is by and among Plug Power Inc., a Delaware corporation with offices located at 968 Albany Shaker Road, Latham, New York 12110 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).

FIFTH LIMITED WAIVER TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 2nd, 2018 • Plug Power Inc • Electrical industrial apparatus • New York

THIS FIFTH LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this “Fifth Limited Waiver”), dated as of November 1, 2018, by and among PLUG POWER INC., a Delaware corporation, EMERGING POWER INC., a Delaware corporation, EMERGENT POWER INC., a Delaware corporation and each of their Qualified Subsidiaries (hereinafter collectively referred to as the “Borrower”) and NY GREEN BANK (the “Lender”), a division of the New York State Energy Research & Development Authority (“NYSERDA”).

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