0001193125-15-006644 Sample Contracts

FORM OF SUBORDINATED INDENTURE by and between FUELCELL ENERGY, INC. as Issuer, and as Trustee Dated as of
Subordinated Indenture • January 9th, 2015 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

SUBORDINATED INDENTURE (this “Indenture”), dated as of , by and between FUELCELL ENERGY, INC., a Delaware corporation (the “Company”), as issuer, and , a , as trustee (the “Trustee”).

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FORM OF SENIOR INDENTURE by and between FUELCELL ENERGY, INC. as Issuer, and as Trustee Dated as of
Senior Indenture • January 9th, 2015 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

SENIOR INDENTURE (this “Indenture”), dated as of , by and between FUELCELL ENERGY, INC., a Delaware corporation (the “Company”), as issuer, and , a , as trustee (the “Trustee”).

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