AMENDMENT NO. 5 TO SHAREHOLDER RIGHTS AGREEMENTShareholder Rights Agreement • May 8th, 2013 • Plug Power Inc • Electrical industrial apparatus • Delaware
This Amendment No. 5, effective as of May 8, 2013 (the “Amendment”), amends the Shareholder Rights Agreement, dated as of June 23, 2009 (as amended by Amendment No. 1 dated as of May 6, 2011, Amendment No. 2 dated as of March 16, 2012, Amendment No. 3 dated as of March 23, 2012, and Amendment No. 4 dated as of February 11, 2013, (the “Rights Agreement”), between Plug Power Inc., a Delaware corporation (the “Company”), and Broadridge Corporate Issuer Solutions, Inc., a Pennsylvania corporation (the “Rights Agent”). Capitalized terms used herein but not defined herein shall have their defined meanings set forth in the Rights Agreement.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 8th, 2013 • Plug Power Inc • Electrical industrial apparatus • Delaware
This SECURITIES PURCHASE AGREEMENT, dated as of May 8, 2013 (this “Agreement”), is made by and between Plug Power Inc., a corporation incorporated under the laws of the State of Delaware (the “Company”), and Air Liquide Investissements d'Avenir et de Demonstration, a company incorporated under the laws of France (the “Purchaser”).
