PLUG POWER INC. Shares of Common Stock and Warrants to Purchase Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 5th, 2013 • Plug Power Inc • Electrical industrial apparatus • New York
Plug Power Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named on Schedule I hereto (the “Underwriters,” or each, an “Underwriter”) an aggregate of (i) shares (the “Firm Shares”) of Common Stock, par value $0.01 per share (the “Common Stock”), of the Company and (ii) warrants (the “Firm Warrants”) to purchase up to shares of Common Stock of the Company (the “Firm Warrant Shares”). The Company has granted the Underwriters the option to purchase an aggregate of up to (i) shares of Common Stock (the “Option Shares”) and/or (ii) warrants (the “Option Warrants”) to purchase up to shares of Common Stock of the Company (the “Option Warrant Shares” and together with the Firm Warrant Shares, the “Warrant Shares”) as may be necessary to cover over-allotments made in connection with the offering. The Firm Shares and Option Shares are collectively referred to as the “Shares” and the Firm Warr
