FuelCell Energy ups ATM offering to $300M via amendment to sales agreement

FUELCELL ENERGY INC

Amended ATM agreement raises maximum aggregate offering price to $300,000,000 from prior 95,000,000 share cap.
Shares sold under existing Form S-3ASR (File No. 333-274971) filed October 13, 2023.
Same nine agents retained; commission unchanged at 2.0% of gross proceeds.
Company has no obligation to sell shares and may suspend sales at any time.
Amendment effective April 10, 2024; prospectus supplement filed same day.

Key facts

Extracted from this filing and checked against the source text.

Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

FUELCELL ENERGY INC amended Amendment No. 1 with Jefferies LLC, B. Riley Securities, Inc., Barclays Capital Inc., BMO Capital Markets Corp., BofA Securities, Inc., Canaccord Genuity LLC, Citigroup Global Markets Inc., J.P. Morgan Securities LLC and Loop Capital Markets LLC valued at $300,000,000 (effective 2024-04-10).

Action: amendment
Agreement: atm program
Counterparty: Jefferies LLC, B. Riley Securities, Inc., Barclays Capital Inc., BMO Capital Markets Corp., BofA Securities, Inc., Canaccord Genuity LLC, Citigroup Global Markets Inc., J.P. Morgan Securities LLC and Loop Capital Markets LLC
Value: $300,000,000
Effective: 2024-04-10

Exact text from the filing

On April 10, 2024, FuelCell Energy, Inc. (the “Company”) entered into Amendment No. 1 (the “Amendment”) to the Open Market Sale Agreement SM , dated July 12, 2022 (the “2022 Sales Agreement”), with Jefferies LLC, B. Riley Securities, Inc., Barclays Capital Inc., BMO Capital Markets Corp., BofA Securities, Inc., Canaccord Genuity LLC, Citigroup Global Markets Inc., J.P. Morgan Securities LLC and Loop Capital Markets LLC (each, an “Agent” and together, the “Agents”)

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Source: SEC EDGAR

accession 0001104659-24-045894

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