0001144204-07-009760 Sample Contracts

SECURITIES PURCHASE AGREEMENT BY AND BETWEEN FUELCELL ENERGY, INC. AND POSCO POWER FEBRUARY 7, 2007
Securities Purchase Agreement • February 23rd, 2007 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated and effective as of February 7, 2007, is made by and between FUELCELL ENERGY, INC., a Delaware corporation (the “Company”), and POSCO POWER, a Korean corporation, together with its permitted transferee (the “Purchaser”). Capitalized terms used herein and not otherwise defined have the meanings given to them in Exhibit A.

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