Fuelcell Energy Inc 8-K, filed Oct 8, 2020
Fuelcell Energy Inc (FCEL)
About this 8-K
Fuelcell Energy Inc filed this 8-K on October 8, 2020, reporting on events of October 6, 2020.
Items reported
- Item 8.01: Other events
- Item 9.01: Financial statements and exhibits
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM
CURRENT REPORT
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Securities Exchange Act of 1934
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Securities registered pursuant to Section 12(b) of the Act:
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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
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Item 8.01. |
Other Events.
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Exercise of Warrants by Orion Entities
On October 6, 2020, Orion Energy Credit Opportunities Fund II, L.P., Orion Energy Credit Opportunities Fund II PV, L.P., Orion Energy Credit Opportunities Fund II GPFA, L.P., and Orion Energy Credit Opportunities FuelCell Co-Invest, L.P. (collectively, the “Orion Lenders”) exercised certain of the warrants issued to them on November 22, 2019 by FuelCell Energy, Inc. (the “Company”) to purchase a total of 5,300,000 shares of the Company’s common stock for an aggregate exercise price of $1,282,600 (or $0.242 per share). Following this warrant exercise, the Orion Lenders continue to hold warrants to purchase up to 2,700,000 shares of the Company’s common stock, at an exercise price of $0.242 per share. In addition, following this warrant exercise, the Orion Lenders will hold a total of 14,696,320 shares of the Company’s common stock, and a total of 294,699,041 shares of the Company’s common stock will be outstanding.
These warrants were issued to the Orion Lenders pursuant to the Credit Agreement, dated as of October 31, 2019 and amended on November 22, 2019, January 20, 2020, February 11, 2020, April 30, 2020 and June 8, 2020, among the Company, certain of its affiliates as guarantors, the Orion Lenders, and Orion Energy Partners Investment Agent, LLC, as administrative agent and collateral agent.
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Item 9.01. |
Financial Statements and Exhibits. |
(d) Exhibits:
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Exhibit No. |
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Description |
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104 |
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Cover Page Interactive Data File (embedded within the Inline XBRL document) |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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FUELCELL ENERGY, INC. |
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Date: October 8, 2020 |
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By: |
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/s/ Michael S. Bishop |
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Michael S. Bishop |
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Executive Vice President, Chief Financial Officer and Treasurer |