0001193125-12-204971 Sample Contracts

SECURITIES PURCHASE AGREEMENT by and between FUELCELL ENERGY, INC. and POSCO ENERGY CO., LTD. April 30, 2012
Securities Purchase Agreement • May 2nd, 2012 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of April 30, 2012, is made by and between FUELCELL ENERGY, INC., a Delaware corporation (the “Company”), and POSCO ENERGY Co., Ltd., 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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