Plug Power Inc Sample Contracts

Agreement
Plug Power Inc • October 27th, 1999 • Electrical industrial apparatus • New York
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BY AND AMONG
Agreement and Plan of Merger • November 13th, 2002 • Plug Power Inc • Electrical industrial apparatus • Delaware
WITNESSETH:
Assignment and Assumption Agreement • September 14th, 1999 • Plug Power Inc • Electrical industrial apparatus • New York
EXHIBIT 10.1 AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT
Limited Liability Company Agreement • October 28th, 1999 • Plug Power Inc • Electrical industrial apparatus • New York
UNDERWRITING AGREEMENT ----------------------
Underwriting Agreement • October 1st, 1999 • Plug Power Inc • Electrical industrial apparatus • New York
ARTICLE III REPRESENTATIONS AND WARRANTIES OF PLUG POWER
Investment Agreement • March 29th, 2002 • Plug Power Inc • Electrical industrial apparatus • Delaware
3.75% Convertible Senior Notes due 2025
Indenture • May 19th, 2020 • Plug Power Inc • Electrical industrial apparatus • New York

INDENTURE, dated as of May 18, 2020, between PLUG POWER INC., a Delaware corporation, as issuer (the “Company”, as more fully set forth in ‎Section 1.01) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in ‎Section 1.01).

BETWEEN
Joint Venture Agreement • September 14th, 1999 • Plug Power Inc • Electrical industrial apparatus • New York
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF GE FUEL CELL SYSTEMS, L.L.C.
Limited Liability Company Agreement • March 29th, 2002 • Plug Power Inc • Electrical industrial apparatus
28,000,000 Shares PLUG POWER INC. COMMON STOCK, par value $0.01 per share UNDERWRITING AGREEMENT
Underwriting Agreement • January 28th, 2021 • Plug Power Inc • Electrical industrial apparatus • New York

The undersigned understands that you, as representative of the several Underwriters (as defined below), propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Plug Power Inc., a Delaware corporation (the “Company”), providing for the public offering (the “Offering”) by the several Underwriters (the “Underwriters”), of shares (the “Shares”) of common stock, par value $0.01 per share, of the Company (the “Common Stock”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Underwriting Agreement.

PLUG POWER INC. Common Stock (par value $0.01 per share) At Market Issuance Sales Agreement
Plug Power Inc • April 13th, 2020 • Electrical industrial apparatus • New York
SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • November 2nd, 2018 • Plug Power Inc • Electrical industrial apparatus • New York

This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of November 1, 2018, is by and among Plug Power Inc., a Delaware corporation with offices located at 968 Albany Shaker Road, Latham, New York 12110 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).

18,600,000 Shares PLUG POWER INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • September 11th, 2013 • Plug Power Inc • Electrical industrial apparatus • New York
Agreement
Plug Power Inc • September 14th, 1999 • Electrical industrial apparatus • New York
REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • November 2nd, 2018 • Plug Power Inc • Electrical industrial apparatus • New York

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 2, 2018, is by and among Plug Power Inc., a Delaware corporation with offices located at 968 Albany Shaker Road, Latham, New York 12110 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).

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AGREEMENT
Agreement • October 21st, 1999 • Plug Power Inc • Electrical industrial apparatus • New York
PLUG POWER INC. 18,910,000 Shares of Common Stock and Warrants to Purchase 18,910,000 Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • February 14th, 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) 18,910,000 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 18,910,000 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) 2,836,500 shares of Common Stock (the “Option Shares”) and/or (ii) warrants (the “Option Warrants”) to purchase up to 2,836,500 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 ref

OPTION TO PURCHASE COMMON STOCK OF PLUG POWER INC.
Plug Power Inc • March 29th, 2002 • Electrical industrial apparatus • Delaware
RECITALS
Form of Voting Agreement • November 13th, 2002 • Plug Power Inc • Electrical industrial apparatus • Delaware
Plug Power Inc. 11,000,000 Shares Common Stock ($.01 par value) Underwriting Agreement
Underwriting Agreement • August 5th, 2005 • Plug Power Inc • Electrical industrial apparatus • New York

Plug Power Inc., a corporation organized under the laws of Delaware (the “Company”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, the number of shares of Common Stock, $.01 par value (“Common Stock”), of the Company set forth in Schedule I hereto (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to the number of additional shares of Common Stock set forth in Schedule II hereto to cover over-allotments (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule II other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms Representatives and Underwri

RECITALS --------
Registration Rights Agreement • March 29th, 2002 • Plug Power Inc • Electrical industrial apparatus
PLUG POWER, LLC
Interest Purchase Agreement • September 14th, 1999 • Plug Power Inc • Electrical industrial apparatus
DIRECTOR INDEMNIFICATION AGREEMENT
Director Indemnification Agreement • October 29th, 2013 • Plug Power Inc • Electrical industrial apparatus • Delaware

This Indemnification Agreement (this “Agreement”) is made as of ________________ by and between Plug Power Inc., a Delaware corporation (the “Company”), and ____________ (“Indemnitee”).

Plug Power Inc. and American Stock Transfer & Trust Company, LLC as Rights Agent Shareholder Rights Agreement Dated as of June 23, 2009 Page
Shareholder Rights Agreement • June 24th, 2009 • Plug Power Inc • Electrical industrial apparatus • Delaware
FORM OF INDEMNIFICATION AGREEMENT
Indemnification Agreement • May 14th, 2021 • Plug Power Inc • Electrical industrial apparatus • Delaware

This Agreement made and entered into this ____ day of ______, (the “Agreement”), by and between Plug Power Inc., a Delaware corporation (the “Company,” which term shall include, where appropriate, any Entity (as hereinafter defined) controlled directly or indirectly by the Company) and ____________ (the “Indemnitee”):

AGREEMENT
Agreement • August 27th, 1999 • Plug Power Inc
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