EXCHANGE AGREEMENTExchange Agreement • February 21st, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This Exchange Agreement (the “Agreement”) is entered into as of February 21, 2019, by and among FuelCell Energy, Inc., a Delaware corporation with offices located at 3 Great Pasture Road, Danbury, Connecticut 06810 (the “Company”), and the investor signatory hereto (the “Holder”), with reference to the following facts:
FUELCELL ENERGY, INC. CONSENT AND WAIVERConsent and Waiver • February 21st, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • Delaware
THIS CONSENT AND WAIVER (this “Consent”) is made as of February 21, 2019 by and between FuelCell Energy, Inc., a Delaware corporation (the “Company”), and the investor named on the signature page attached hereto (the “Waiving Party”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Certificate of Designations, Preferences and Rights of the Series D Convertible Preferred Stock of the Company, dated August 29, 2018 (the “Series D Certificate of Designations”).
