FUELCELL ENERGY INC Contracts & Agreements

Amendment No. 4 to Joint Development Agreement between FuelCell Energy, Inc. and ExxonMobil Technology and Engineering Company, executed on August 25, 2023 and effective as of... (Filed With SEC on August 28, 2023)

Amendment No. 1 to Financing Agreement, dated as of August 11, 2023, among FuelCell Energy Opco Finance 1, LLC (as Borrower), Investec Bank plc (as Administrative Agent and... (Filed With SEC on August 17, 2023)

Letter Agreement between ExxonMobil Technology and Engineering Company and FuelCell Energy, Inc. dated May 8, 2023 (Filed With SEC on June 8, 2023)

Third Amendment to Assistance Agreement by and between the State of Connecticut Acting by the Department of Economic and Community Development, and FuelCell Energy, Inc.,... (Filed With SEC on May 30, 2023)

FuelCell Energy, Inc. 2018 Employee Stock Purchase Plan, as amended and restated effective as of May 22, 2023 (Filed With SEC on May 23, 2023)

FuelCell Energy, Inc. Third Amended and Restated 2018 Omnibus Incentive Plan, effective as of May 22, 2023 (Filed With SEC on May 23, 2023)

Lease, dated May 20, 2005, between Westpen Properties Ltd. and Versa Power Systems Ltd (Filed With SEC on March 9, 2023)

Lease Amending Agreement, dated April 20, 2006, between Westpen Properties Ltd. and Versa Power Systems Ltd (Filed With SEC on March 9, 2023)

Lease Renewal Agreement, dated November 11, 2010, between 52nd Street Business Centre LP, by its General Partner, 52nd Street Business Centre GP Inc., and Versa Power Systems Ltd (Filed With SEC on March 9, 2023)

Lease Extension and Amending Agreement, dated October 29, 2013, between 52nd Street Business Centre LP, by its General Partner, 52nd Street Business Centre GP Inc., and Versa... (Filed With SEC on March 9, 2023)

Lease Extension Agreement, dated November 9, 2016, between 52nd Street Business Centre LP, by its General Partner, 52nd Street Business Centre GP Inc., and Versa Power Systems Ltd (Filed With SEC on March 9, 2023)

Lease Extension Agreement, dated January 10, 2020, between 52nd Street Business Centre LP, by its General Partner, 52nd Street Business Centre GP Inc., and Versa Power Systems Ltd (Filed With SEC on March 9, 2023)

Lease Expansion, Extension and Amending Agreement, dated January 5, 2023, between 52nd Street Business Centre LP, by its General Partner, 52nd Street Business Centre GP Inc., and... (Filed With SEC on March 9, 2023)

Lease Expansion and Amending Agreement Short Term, dated February 20, 2023, between 52nd Street Business Centre LP, by its General Partner, 52nd Street Business Centre GP Inc.,... (Filed With SEC on March 9, 2023)

Description of Securities Registered Under Section 12 of the Securities Exchange Act of 1934, as amended (Filed With SEC on December 20, 2022)

Amendment No. 3 to Joint Development Agreement between FuelCell Energy, Inc. and ExxonMobil Technology and Engineering Company, fully executed on December 19, 2022 and effective... (Filed With SEC on December 19, 2022)

Open Market Sale AgreementSM among FuelCell Energy, Inc., Jefferies LLC, B. Riley Securities, Inc., Barclays Capital Inc., BMO Capital Markets Corp., BofA Securities, Inc.,... (Filed With SEC on July 12, 2022)

Amendment No. 2 to Joint Development Agreement between FuelCell Energy, Inc. and ExxonMobil Technology and Engineering Company, effective as of April 30, 2022 (Filed With SEC on May 5, 2022)

Employment Agreement, dated as of March 31, 2022 and effective as of April 18, 2022, by and between FuelCell Energy, Inc. and Mark Feasel (Filed With SEC on April 5, 2022)

Description of Securities Registered Under Section 12 of the Securities Exchange Act of 1934, as amended (Filed With SEC on December 29, 2021)

Settlement Agreement, dated December 20, 2021, by and between FuelCell Energy, Inc., POSCO Energy Co., Ltd., and Korea Fuel Cell Co., Ltd (Filed With SEC on December 27, 2021)

Amendment No. 1 to Joint Development Agreement between FuelCell Energy, Inc. and ExxonMobil Research and Engineering Company, fully executed on October 29, 2021 and effective as... (Filed With SEC on November 2, 2021)

Letter Agreement, dated as of October 28, 2021 and effective as of October 29, 2021, between FuelCell Energy, Inc. and ExxonMobil Research and Engineering Company (Filed With SEC on November 2, 2021)

Employment Agreement, dated August 2, 2021 between Joshua Dolger and FuelCell Energy, Inc (Filed With SEC on September 14, 2021)

Open Market Sale AgreementSM between FuelCell Energy, Inc. and Jefferies LLC and Barclays Capital Inc., dated June 11, 2020 (Filed With SEC on June 11, 2021)

FuelCell Energy, Inc. Second Amended and Restated 2018 Omnibus Incentive Plan, effective as of April 8, 2021 (Filed With SEC on April 14, 2021)

FuelCell Energy, Inc. Second Amended and Restated 2018 Omnibus Incentive Plan, effective as of April 8, 2021 (Filed With SEC on April 8, 2021)

Description of Securities Registered Under Section 12 of the Securities Exchange Act of 1934, as amended (Filed With SEC on January 21, 2021)

Second Amendment, dated as of January 19, 2021, to the Employment Agreement, effective as of August 26, 2019, between FuelCell Energy, Inc. and Jason B. Few (Filed With SEC on January 20, 2021)

Payoff Letter, dated December 16, 2020, between FuelCell Energy, Inc., FCE FuelCell Energy Ltd., and Enbridge Inc. with respect to the Class A Preferred Shares of FCE FuelCell... (Filed With SEC on December 21, 2020)

Underwriting Agreement, dated as of December 1, 2020, by and among FuelCell Energy, Inc., the Selling Stockholders named therein, and J.P. Morgan Securities LLC, as representative... (Filed With SEC on December 4, 2020)

Payoff Letter, dated November 30, 2020, among FuelCell Energy, Inc., each of the Guarantors party thereto, and Orion Energy Partners Investment Agent, LLC (Filed With SEC on December 1, 2020)

FuelCell Energy, Inc. Fiscal Year 2021 Long Term Incentive Plan, as approved November 24, 2020 (Filed With SEC on November 27, 2020)

Form of FuelCell Energy, Inc. 2018 Omnibus Incentive Plan Relative TSR Performance Share Award Agreement (Filed With SEC on November 27, 2020)

Form of FuelCell Energy, Inc. 2018 Omnibus Incentive Plan Absolute TSR Performance Share Award Agreement (Filed With SEC on November 27, 2020)

Underwriting Agreement, dated as of September 29, 2020, by and among FuelCell Energy, Inc., and J.P. Morgan Securities LLC, Barclays Capital Inc. and Canaccord Genuity LLC, as... (Filed With SEC on October 2, 2020)

FuelCell Energy, Inc. Long Term Incentive Plan as approved August 24, 2020 (Filed With SEC on August 24, 2020)

Form of FuelCell Energy, Inc. 2018 Omnibus Incentive Plan Performance Share Award (Relative TSR) (Filed With SEC on August 24, 2020)

Form of FuelCell Energy, Inc. 2018 Omnibus Incentive Plan Performance Share Award (Absolute TSR) (Filed With SEC on August 24, 2020)

Open Market Sale AgreementSM between FuelCell Energy, Inc. and Jefferies LLC, dated June 16, 2020 (Filed With SEC on June 16, 2020)

Articles of FCE FuelCell Energy Ltd., effective as of January 20, 2020, including in Article 27.2 the Special Rights and Restrictions of the Class A Preferred Shares of FCE... (Filed With SEC on June 12, 2020)

FuelCell Energy, Inc. 2018 Omnibus Incentive Plan, as amended and restated, effective as of May 8, 2020 (Filed With SEC on May 12, 2020)

Fourth Amendment to Credit Agreement, dated as of April 30, 2020, by and among FuelCell Energy, Inc., each of the Guarantors party to the Credit Agreement, each of the lenders... (Filed With SEC on May 4, 2020)

Paycheck Protection Program Promissory Note entered into on April 20, 2020 and dated April 16, 2020, between Liberty Bank and FuelCell Energy, Inc (Filed With SEC on April 24, 2020)

First Amendment, dated as of April 23, 2020, to the Employment Agreement, effective as of August 26, 2019, between FuelCell Energy, Inc. and Jason B. Few (Filed With SEC on April 24, 2020)

Purchase and Sale Agreement, dated February 11, 2020, by and between Central CA Fuel Cell 2, LLC and Crestmark Equipment Finance (Filed With SEC on February 13, 2020)

Letter Agreement, dated January 20, 2020, among FuelCell Energy, Inc., FCE FuelCell Energy Ltd., and Enbridge Inc. relating to the amendment of the terms of the Class A Cumulative... (Filed With SEC on January 22, 2020)

Schedule A setting forth the amended rights, privileges, restrictions and conditions of the Class A Cumulative Preferred Stock of FCE FuelCell Energy Ltd (Filed With SEC on January 22, 2020)

Description of Securities Registered Under Section 12 of the Securities Exchange Act of 1934, as amended (Filed With SEC on January 22, 2020)

Amendment to Membership Interest Purchase Agreement dated as of January 15, 2019 between Dominion Generation, Inc. and FuelCell Energy Finance, LLC (Filed With SEC on January 22, 2020)

Second Amendment to Credit Agreement, dated as of January 20, 2020, by and among FuelCell Energy, Inc., each of the Guarantors party to the Credit Agreement, each of the lenders... (Filed With SEC on January 22, 2020)

Amendment to Loan Agreement, dated December 19, 2019, between Connecticut Green Bank and FuelCell Energy, Inc (Filed With SEC on December 20, 2019)

First Amendment to Credit Agreement, dated as of November 22, 2019, by and among FuelCell Energy, Inc., each of the Guarantors party to the Credit Agreement, the Lenders party to... (Filed With SEC on November 25, 2019)

Payoff Letter dated November 22, 2019 by and between Groton Station Fuel Cell, LLC and Fifth Third Bank (Filed With SEC on November 25, 2019)

Joint Development Agreement, effective as of October 31, 2019, between FuelCell Energy, Inc. and ExxonMobil Research and Engineering Company (Filed With SEC on November 6, 2019)

Amendment No. 2 to Construction Loan Agreement, dated as of October 21, 2019, by and between and Groton Station Fuel Cell, LLC and Fifth Third Bank (Filed With SEC on October 25, 2019)

At Market Issuance Sales Agreement between FuelCell Energy, Inc. and B. Riley FBR, Inc., dated October 4, 2019 (Filed With SEC on October 4, 2019)

Seventh Amendment to Loan Agreement, dated as of September 30, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc (Filed With SEC on October 2, 2019)

Third Amendment to Construction Loan Agreement, dated as of September 30, 2019, by and among FuelCell Energy Finance II, LLC, Bakersfield Fuel Cell 1, LLC, BRT Fuel Cell, LLC, CR... (Filed With SEC on October 2, 2019)

Third Amendment to Right to Finance Agreement, dated as of September 30, 2019, by and among FuelCell Energy, Inc., FuelCell Energy Finance II, LLC and Generate Lending, LLC (Filed With SEC on October 2, 2019)

Payoff Letter, dated September 30, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital, Inc. and Hercules Funding II,... (Filed With SEC on October 2, 2019)

Summary of Cash Incentive Plan of FuelCell Energy, Inc (Filed With SEC on September 9, 2019)

Form of Letter Agreement Issued to Employees Under Cash Incentive Plan of FuelCell Energy, Inc (Filed With SEC on September 9, 2019)

Amendment to Engagement Letter, dated August 19, 2019 and effective as of August 26, 2019, between FuelCell Energy, Inc. and Huron Consulting Services LLC (Filed With SEC on August 20, 2019)

Employment Agreement, effective as of August 26, 2019, by and between FuelCell Energy, Inc. and Jason B. Few (Filed With SEC on August 20, 2019)

Sixth Amendment to Loan Agreement, dated as of August 8, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc (Filed With SEC on August 13, 2019)

Second Amendment to Construction Loan Agreement, dated as of August 13, 2019, by and among FuelCell Energy Finance II, LLC, Bakersfield Fuel Cell 1, LLC, BRT Fuel Cell, LLC, CR... (Filed With SEC on August 13, 2019)

Second Amendment to Right to Finance Agreement, dated as of August 13, 2019 by and between FuelCell Energy, Inc. and Generate Lending, LLC (Filed With SEC on August 13, 2019)

Amendment No. 1 to Construction Loan Agreement, dated as of August 13, 2019, by and between Groton Station Fuel Cell, LLC and Fifth Third Bank (Filed With SEC on August 13, 2019)

Employment Agreement, dated as of July 30, 2019, by and between FuelCell Energy, Inc. and Michael Lisowski (Filed With SEC on July 30, 2019)

Employment Agreement, dated as of July 30, 2019, by and between FuelCell Energy, Inc. and Anthony Leo (Filed With SEC on July 30, 2019)

Tenth Amendment to Loan and Security Agreement, dated July 24, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital,... (Filed With SEC on July 25, 2019)

Fifth Amendment to Loan Agreement, dated as of July 11, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc (Filed With SEC on July 12, 2019)

First Amendment to Construction Loan Agreement dated as of June 28, 2019 by and among FuelCell Energy Finance II, LLC and Generate Lending, LLC (Filed With SEC on July 3, 2019)

First Amendment to Right to Finance Agreement dated as of June 28, 2019 by and among FuelCell Energy, Inc., FuelCell Energy Finance II, LLC and Generate Lending, LLC (Filed With SEC on July 3, 2019)

Employment Agreement, dated and effective as of February 8, 2011, between the Company and Arthur Bottone, President and Chief Executive Officer (Filed With SEC on June 17, 2019)

Engagement Letter, dated and effective as of June 2, 2019 between the Company and Huron Consulting Services LLC (Filed With SEC on June 17, 2019)

Fourth Amendment to Loan Agreement, dated as of June 13, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc (Filed With SEC on June 17, 2019)

License Agreement, effective as of June 11, 2019, between ExxonMobil Research and Engineering Company and FuelCell Energy, Inc (Filed With SEC on June 12, 2019)

Ninth Amendment to Loan and Security Agreement, dated June 11, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital,... (Filed With SEC on June 12, 2019)

International Swap Dealers Association, Inc. Master Agreement dated as of May 16, 2019 between Fifth Third Financial Risk Solutions and Bridgeport Fuel Cell, LLC (Filed With SEC on May 22, 2019)

Schedule to the 1992 Master Agreement dated as of May 16, 2019 between Fifth Third Risk Solutions and Bridgeport Fuel Cell, LLC (Filed With SEC on May 22, 2019)

Second Amendment to Membership Interest Purchase Agreement dated as of May 9, 2019 between Dominion Generation, Inc. and FuelCell Energy Finance, LLC (Filed With SEC on May 14, 2019)

$12,500,000 Promissory Note from Dominion Bridgeport Fuel Cell, LLC for the benefit of Liberty Bank (Filed With SEC on May 14, 2019)

$12,500,000 Promissory Note from Dominion Bridgeport Fuel Cell, LLC for the benefit of Fifth Third Bank (Filed With SEC on May 14, 2019)

Security Agreement dated as of May 9, 2019 by Dominion Bridgeport Fuel Cell, LLC in favor of Liberty Bank, as Administrative Agent (Filed With SEC on May 14, 2019)

Pledge and Security Agreement dated as of May 9, 2019 by FuelCell Energy Finance, LLC for the benefit of Liberty Bank, as Administrative Agent (Filed With SEC on May 14, 2019)

$6,026,165.34 Promissory Note from Dominion Bridgeport Fuel Cell, LLC for the benefit of Connecticut Green Bank (Filed With SEC on May 14, 2019)

Security Agreement dated as of May 9, 2019 by Dominion Bridgeport Fuel Cell, LLC in favor of the Connecticut Green Bank, as Administrative Agent (Filed With SEC on May 14, 2019)

Pledge and Security Agreement dated as of May 9, 2019 by FuelCell Energy Finance, LLC for the benefit of the Connecticut Green Bank, as Administrative Agent (Filed With SEC on May 14, 2019)

Eighth Amendment to Loan and Security Agreement, dated May 8, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital, Inc.... (Filed With SEC on May 14, 2019)

Credit Agreement, dated as of May 9, 2019 among Dominion Bridgeport Fuel Cell, LLC, as Borrower, Liberty Bank, as Administrative Agent and Co-Lead Arranger and Fifth Third Bank,... (Filed With SEC on May 14, 2019)

Credit Agreement, dated as of May 9, 2019 among Dominion Bridgeport Fuel Cell, LLC, as Borrower, and Connecticut Green Bank, as Administrative Agent and Collateral Agent, the... (Filed With SEC on May 14, 2019)

Seventh Amendment to Loan and Security Agreement, dated March 29, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital,... (Filed With SEC on April 3, 2019)

Third Amendment to Loan Agreement, dated as of March 29, 2019, by and among FuelCell Energy Finance, LLC, Central CA Fuel Cell 2, LLC, and NRG Energy, Inc (Filed With SEC on April 3, 2019)

Guaranty Agreement, dated as of February 28, 2019, by FuelCell Energy, Inc. in favor of Fifth Third Bank (Filed With SEC on March 5, 2019)

Sixth Amendment to Loan and Security Agreement, dated February 28, 2019 and effective as of February 22, 2019, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa... (Filed With SEC on March 5, 2019)

Construction Loan Agreement, dated as of February 28, 2019, by and between Groton Station Fuel Cell, LLC and Fifth Third Bank (Filed With SEC on March 5, 2019)

Waiver Agreement, dated February 21, 2019, by and between FuelCell Energy, Inc. and the Sole Holder of Series C Convertible Preferred Stock (Filed With SEC on February 21, 2019)

Exchange Agreement, dated February 21, 2019, by and between FuelCell Energy, Inc. and the Holder of the Series A Warrant to Purchase Common Stock, issued on July 12, 2016 (Filed With SEC on February 21, 2019)

Form of Consent and Waiver, dated February 21, 2019, by and between FuelCell Energy, Inc. and each Holder of Series D Convertible Preferred Stock (Filed With SEC on February 21, 2019)

Second Amendment to Assistance Agreement, dated as of January 24, 2019, and approved by the State of Connecticut, Office of the Attorney General on January 28, 2019 (Filed With SEC on February 5, 2019)

First Amendment to Loan Agreement, dated as of April 18, 2016, by and among FuelCell Energy Finance, LLC, Riverside FuelCell, LLC and NRG Energy, Inc (Filed With SEC on January 10, 2019)

Membership Interest Purchase Agreement, dated October 31, 2018, by and between FuelCell Energy Finance, LLC and Dominion Generation, Inc (Filed With SEC on January 10, 2019)

Construction Loan Agreement, dated December 21, 2018, by and among FuelCell Energy Finance II, LLC and Generate Lending, LLC (Filed With SEC on December 26, 2018)

Right to Finance Agreement, dated December 21, 2018, by and between FuelCell Energy, Inc., FuelCell Energy Finance II, LLC and Generate Lending, LLC (Filed With SEC on December 26, 2018)

Guaranty Agreement, dated December 21, 2018, by FuelCell Energy, Inc. in favor of Generate Lending, LLC (Filed With SEC on December 26, 2018)

Fifth Amendment to Loan and Security Agreement, dated December 19, 2018, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital,... (Filed With SEC on December 26, 2018)

Second Amendment to Loan Agreement, dated as of December 13, 2018, by and among FuelCell Energy Finance, LLC and NRG Energy, Inc (Filed With SEC on December 20, 2018)

Second Amendment to Loan Agreement, dated as of December 13, 2018, by and among FuelCell Energy Finance, LLC and NRG Energy, Inc (Filed With SEC on December 19, 2018)

Form of Restricted Stock Unit Award Agreement (Non-Employee Directors) (Filed With SEC on November 13, 2018)

Underwriting Agreement, dated as of August 27, 2018, by and between FuelCell Energy, Inc. and Oppenheimer & Co (Filed With SEC on August 29, 2018)

Specimen Series D Convertible Preferred Stock Certificate (Filed With SEC on August 29, 2018)

Fourth Amendment to Loan and Security Agreement, dated August 29, 2018, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital,... (Filed With SEC on August 29, 2018)

At Market Issuance Sales Agreement among FuelCell Energy, Inc., B. Riley FBR, Inc. and Oppenheimer & Co. Inc., dated June 13, 2018 (Filed With SEC on June 13, 2018)

Form of Restricted Stock Award Agreement (U.S. Employees) (Filed With SEC on April 6, 2018)

Form of Restricted Stock Unit Award Agreement (U.S. Employees) (Filed With SEC on April 6, 2018)

Form of Option Award Agreement (Non-Employee Directors) (Filed With SEC on April 6, 2018)

Third Amendment to Loan and Security Agreement dated March 28, 2018 by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital Inc.... (Filed With SEC on April 2, 2018)

Second Amendment to Loan and Security Agreement dated October 27, 2017, by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital,... (Filed With SEC on November 1, 2017)

Underwriting Agreement, dated as of September 5, 2017, by and between FuelCell Energy, Inc. and Oppenheimer & Co (Filed With SEC on September 8, 2017)

First Amendment to Loan and Security Agreement dated September 5, 2017 by and among FuelCell Energy, Inc., Versa Power Systems, Inc., Versa Power Systems Ltd., Hercules Capital,... (Filed With SEC on September 8, 2017)

Employment Agreement, dated April 7, 2017 between FuelCell Energy, Inc. and Jennifer D. Arasimowicz, Senior Vice President, General Counsel and Corporate Secretary (Filed With SEC on June 8, 2017)

SERIES C WARRANT (Filed With SEC on April 28, 2017)

SERIES D WARRANT (Filed With SEC on April 28, 2017)

12,000,000 Shares of Common Stock par value $0.0001 and Series C Warrants to Purchase 12,000,000Shares of Common Stock Series D Warrants to Purchase 12,000,000Shares of Common... (Filed With SEC on April 28, 2017)

LEAK-OUT AGREEMENT (Filed With SEC on April 28, 2017)

FIRST AMENDMENT TO ASSISTANCE AGREEMENT (Filed With SEC on April 21, 2017)

Exhibit 10.1 MEMORANDUM OF UNDERSTANDING FOR MARKET TRANSITION (Filed With SEC on March 21, 2017)

PURCHASE AND SALE AGREEMENT (Filed With SEC on January 12, 2017)

LEASE AGREEMENT (Filed With SEC on January 12, 2017)

PLEDGE AGREEMENT (Filed With SEC on January 12, 2017)

AMENDMENT TO ALLIANCE AGREEMENT (Filed With SEC on October 14, 2016)

AMENDMENT TO TECHNOLOGY TRANSFER, LICENSE AND DISTRIBUTION AGREEMENT (Filed With SEC on October 14, 2016)

AMENDMENT TO STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (Filed With SEC on October 14, 2016)

AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENT (Filed With SEC on July 12, 2016)

PLACEMENTAGENCY AGREEMENT (Filed With SEC on July 7, 2016)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on July 7, 2016)

[FORM OF SERIES A WARRANT] (Filed With SEC on July 7, 2016)

[FORM OF SERIES B WARRANT] (Filed With SEC on July 7, 2016)

THIRD MODIFICATION OF LEASE (Filed With SEC on April 28, 2016)

LOAN AND SECURITY AGREEMENT (Filed With SEC on April 20, 2016)

FUELCELL ENERGY, INC. AMENDED AND RESTATED 1998 EQUITY INCENTIVE PLAN (Filed With SEC on January 8, 2016)

FUELCELL ENERGY, INC. 2006 EQUITY INCENTIVE PLAN (Filed With SEC on January 8, 2016)

FuelCell Energy, Inc. Amended & Restated 2010 Equity Incentive Plan (Filed With SEC on January 8, 2016)

Signature Page Follows (Filed With SEC on January 8, 2016)

EXHIBIT 10.84 ASSISTANCE AGREEMENT BY AND BETWEEN THE STATE OF CONNECTICUT ACTING BY THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (An Equal Opportunity Employer) AND... (Filed With SEC on January 8, 2016)

PHASE 1 PROMISSORY NOTE (Filed With SEC on January 8, 2016)

AMENDMENT TO EXPORT LOAN AGREEMENT (Filed With SEC on September 9, 2015)

FuelCell Energy, Inc. Executive Compensation Recovery Policy Approved December 18, 2014 (Filed With SEC on December 24, 2014)

FuelCell Energy, Inc. Stock Ownership Guidelines AdoptedDecember 18, 2014 (Filed With SEC on December 24, 2014)

SECURITIES PURCHASE AGREEMENT by and between FUELCELL ENERGY, INC. and NRG ENERGY INC. July30, 2014 (Filed With SEC on September 9, 2014)

EXPORT LOAN AGREEMENT (Filed With SEC on August 6, 2014)

Promissory Note$4,000,000.00Date: August 1, 2014 (Filed With SEC on August 6, 2014)

22,000,000 Shares of Common Stock par value $0.0001 3,300,000 Over-Allotment Shares FUELCELL ENERGY, INC. UNDERWRITING AGREEMENT (Filed With SEC on January 17, 2014)

SENIOR INDENTURE by and between FUELCELL ENERGY, INC. as Issuer, and U.S. BANK NATIONAL ASSOCIATION as Trustee Dated as of June 25, 2013 TABLE OF CONTENTS (Filed With SEC on June 25, 2013)

FIRST SUPPLEMENTAL INDENTURE Dated as of June 25, 2013 between FuelCell Energy, Inc. and U.S. Bank National Association, as Trustee 8% SENIOR CONVERTIBLE NOTES DUE 2018 TABLE OF... (Filed With SEC on June 25, 2013)

FuelCell Energy, Inc. 8% Senior Convertible Notes due 2018 (Filed With SEC on June 25, 2013)

8.0% Convertible Senior Unsecured Notes FUELCELL ENERGY, INC. UNDERWRITING AGREEMENT (Filed With SEC on June 20, 2013)

LOAN AGREEMENT BETWEEN CLEAN ENERGY FINANCE AND INVESTMENT AUTHORITY, as Lender, AND FUELCELL ENERGY, INC., as Borrower. Dated: March 5, 2013 (Filed With SEC on March 12, 2013)

SECURITY AGREEMENT (Filed With SEC on March 12, 2013)

CELL TECHNOLOGY TRANSFER ANDLICENSE AGREEMENT dated as of October 31, 2012 between FUELCELL ENERGY, INC. and POSCO ENERGY CO., LTD. (Filed With SEC on January 7, 2013)

SECURITIES EXCHANGE AGREEMENT dated as of December 20, 2012 by and among FUELCELL ENERGY,INC. as the FCE - and - VERSA POWER SYSTEMS, INC, as the Company - and - The STOCKHOLDERS... (Filed With SEC on December 26, 2012)

CONTRACT FOR THE SUPPLY OF DFC COMPONENTS FROM FUELCELL ENERGY INC. (SELLER) TO POSCO ENERGY (BUYER) October 31, 2012 (Filed With SEC on November 6, 2012)

CELL TECHNOLOGY TRANSFER AND LICENSE AGREEMENT dated as of October 31, 2012 between FUELCELL ENERGY, INC. and POSCO ENERGY CO., LTD. (Filed With SEC on November 6, 2012)

AMENDMENT TO TECHNOLOGY, TRANSFER, DISTRIBUTION AND LICENSING AGREEMENT AND STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (Filed With SEC on November 6, 2012)

FUELCELL ENERGY, INC. AMENDED & RESTATED 2010 EQUITY INCENTIVE PLAN (Filed With SEC on June 20, 2012)

EXPORT LOAN AGREEMENT (Filed With SEC on June 8, 2012)

Export-Import Bank of the United States Working Capital Guarantee Program Borrower Agreement TABLE OF CONTENTS (Filed With SEC on June 8, 2012)

Exhibit 10.64 Promissory Note$5,000,000.00 Date: April 3, 2012 (Filed With SEC on June 8, 2012)

SECURITIES PURCHASE AGREEMENT by and between FUELCELL ENERGY, INC. and POSCO ENERGY CO., LTD. April 30, 2012 TABLE OF CONTENTS (Filed With SEC on May 2, 2012)

20,000,000 Shares of Common Stock par value $0.0001 3,000,000 Over-Allotment Shares FUELCELL ENERGY, INC. UNDERWRITING AGREEMENT (Filed With SEC on March 22, 2012)

ANNEX B AMENDED & RESTATED FUELCELL ENERGY, INC. 2010 EQUITY INCENTIVE PLAN (Filed With SEC on March 21, 2012)

EX-101 INSTANCE DOCUMENT (Filed With SEC on January 17, 2012)

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (Filed With SEC on December 23, 2011)

Current assets (Filed With SEC on June 9, 2011)

FuelCell Energy, Inc. and Enbridge Inc. GUARANTEE AMENDING AGREEMENT April 1, 2011 (Filed With SEC on April 6, 2011)

SCHEDULE A Special Rights and Restrictions Attached to the Class A Preferred shares of FuelCell Energy, Ltd. (the Company) (Filed With SEC on April 6, 2011)

Near-zero pollutants (Filed With SEC on January 14, 2011)

10,160,428 Units EachUnit consisting of One Share of Common Stock, par value $0.0001, andOne Warrant to Purchase 1.0 Share of Common Stock And up to 10,000,000 Additional Shares... (Filed With SEC on January 10, 2011)

SUBSCRIPTION AGREEMENT (Filed With SEC on January 10, 2011)

FUELCELL ENERGY, INC. Warrant To Purchase Common Stock (Filed With SEC on January 10, 2011)

Underwriting Agreement, dated as of June 25, 2010, among FuelCell Energy, Inc., Lazard Capital Markets LLC and Canaccord Genuity Inc (Filed With SEC on June 25, 2010)

I. DEFINITIONS 5 II. LICENSE GRANT 10 2.1 FCE Technology License 10 2.2 Distribution Rights 11 2.3 POSCO Technology License 11 2.4 License to POSCO Power Upon Expiration of the... (Filed With SEC on April 13, 2010)

CONTRACT (Filed With SEC on April 13, 2010)

STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (STTA) dated as of October 27, 2009 between FUELCELL ENERGY, INC. and POSCO POWER (Filed With SEC on March 19, 2010)

CONTRACT (Filed With SEC on March 19, 2010)

STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (STTA) dated as of October 27, 2009 between FUELCELL ENERGY, INC. and POSCO POWER (Filed With SEC on February 17, 2010)

CONTRACT (Filed With SEC on February 17, 2010)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on November 2, 2009)

STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (STTA) dated as of October 27, 2009 between FUELCELL ENERGY, INC. and POSCO POWER (Filed With SEC on November 2, 2009)

CONTRACT (Filed With SEC on November 2, 2009)

6,737,166 Shares (Filed With SEC on June 17, 2009)

Current assets (Filed With SEC on March 12, 2009)

SECURITIES PURCHASE AGREEMENT BY AND BETWEEN FUELCELL ENERGY, INC. AND POSCO POWER FEBRUARY 7, 2007 TABLE OF CONTENTS (Filed With SEC on February 23, 2007)

EMPLOYMENT AGREEMENT (Filed With SEC on January 17, 2006)

[FuelCell Stationery] (Filed With SEC on January 17, 2006)

FuelCell Energy, Inc. 100,000 Shares of 5% Series B Cumulative Convertible Perpetual Preferred Stock (Liquidation Preference $1,000 per share)* Purchase Agreement (Filed With SEC on November 22, 2004)

FuelCell Energy, Inc. 100,000 Shares of 5% Series B Cumulative Convertible Perpetual Preferred Stock (Liquidation Preference $1000 per share)* REGISTRATION RIGHTS AGREEMENT (Filed With SEC on November 22, 2004)