0001104659-20-073840 Sample Contracts

OPEN MARKET SALE AGREEMENTSM
Open Market Sale • June 16th, 2020 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

FuelCell Energy, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Jefferies LLC, as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.0001 per share (the “Common Shares”), having an aggregate offering price of up to $75,000,000 on the terms set forth in this agreement (this “Agreement”).

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