SECURITIES EXCHANGE AGREEMENT dated as of December 20, 2012 by and among FUELCELL ENERGY, INC. as the “FCE” - and - VERSA POWER SYSTEMS, INC, as the “Company” - and - The STOCKHOLDERS OF THE COMPANY identified on the Annex 1 attached hereto, as the...Securities Exchange Agreement • December 26th, 2012 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • Delaware
This SECURITIES EXCHANGE AGREEMENT (this “Agreement”), dated as of December 20, 2012, by and among FuelCell Energy, Inc., a Delaware corporation (the “FCE”), Versa Power Systems, Inc., a Delaware corporation (the “Company”) and the stockholders of the Company listed on Annex 1 attached hereto (each, herein individually an “Exchanging Stockholder” and collectively, the “Exchanging Stockholders”). FCE, the Exchanging Stockholders and the Company are sometimes referred to collectively herein as the “Parties” and each as a “Party.” Certain capitalized terms which are used herein are defined in ARTICLE VII below.
