þ | Quarterly Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 |
o | Transition Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 |
Delaware (State or other jurisdiction of incorporation or organization) |
06-0853042 (I.R.S. Employer Identification Number) |
|
3 Great Pasture Road Danbury, Connecticut (Address of Principal Executive Offices) |
06813 Zip Code |
Large accelerated filer o | Accelerated filer þ | Non-accelerated filer o | Small reporting company o |
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Item 6. | EXHIBITS |
Exhibit No. | Description | |||
4.1 | Certificate of Designation for the 5% Series B Cumulative Convertible
Perpetual Preferred Stock (Liquidation Preference $1,000) (incorporated by
reference to Exhibit 3.1 contained in the Companys Form 8-K, dated
November 22, 2004) |
|||
4.2 | Schedule A to Articles of Amendment of FuelCell Energy, Ltd., setting
forth the rights, privileges, restrictions and conditions of Class A
Cumulative Redeemable Exchangeable Preferred Shares (incorporated by
reference to Exhibit 4.2 contained in the Companys Form 10-Q for the
period ended January 31, 2009) |
|||
10.1 | Alliance Agreement between FuelCell Energy, Inc. and POSCO Power, dated as
of February 7, 2007 (incorporated by reference to Exhibit 10.1 contained
in the Companys Form 10-Q/A for the period ended January 31, 2009) |
|||
10.2 | Technology Transfer, License and Distribution Agreement between FuelCell
Energy, Inc. and POSCO Power, dated as of February 7, 2007 |
|||
10.3 | Loan agreement, dated April 29, 2008, between the Company and the
Connecticut Development Authority. (incorporated by reference to Exhibit
10.3 contained in the Companys Form 10-Q for the period ended January 31,
2009) |
|||
14 | Code of Ethics applicable to the Companys principal executive officer,
principal financial officer and principal accounting officer (incorporated
by reference to Exhibit 14 contained in the Companys 10-K
for the year ended October 31, 2003) |
|||
31.1 | CEO Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 |
|||
31.2 | CFO Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 |
|||
32.1 | CEO Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
|||
32.2 | CFO Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
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FUELCELL ENERGY, INC. (Registrant) |
||||
February 5, 2010 Date |
/s/ Joseph G. Mahler | |||
Joseph G. Mahler | ||||
Senior Vice President, Chief Financial Officer, Treasurer and Corporate Secretary (Principal Financial Officer and Principal Accounting Officer) |
||||
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Exhibit No. | Description | |||
10.2 | Technology Transfer, License and Distribution Agreement between FuelCell
Energy, Inc. and POSCO Power, dated as of February 7, 2007 |
|||
31.1 | CEO Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 |
|||
31.2 | CFO Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 |
|||
32.1 | CEO Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
|||
32.2 | CFO Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
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