Current Report Filing (8-k)
September 10 2020 - 07:36AM
Edgar (US Regulatory)
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2020-09-10 iso4217:USD xbrli:shares iso4217:USD xbrli:shares
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
September 10, 2020
FUELCELL ENERGY, INC.
(Exact Name of Registrant as Specified in its Charter)
Delaware |
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1-14204 |
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06-0853042 |
(State or Other Jurisdiction of
Incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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3 Great Pasture Road
Danbury,
Connecticut
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06810 |
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(Address of Principal Executive
Offices) |
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(Zip Code) |
Registrant’s telephone number, including area code: (203) 825-6000
Not Applicable
(Former Name or Former Address, if Changed Since Last
Report)
Check the appropriate box below if the Form 8-K filing is intended
to simultaneously satisfy the filing obligation of the registrant
under any of the following provisions:
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¨ |
Written communications pursuant to Rule 425 under the
Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c)) |
Securities registered pursuant to Section 12(b) of the
Act:
Title of each class |
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Trading Symbol(s) |
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Name of each exchange on which registered |
Common Stock, $0.0001 par value per share |
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FCEL |
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The Nasdaq Stock Market LLC
(Nasdaq Global Market) |
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).
Emerging growth company
¨
If an emerging growth company, indicate by check mark if the
registrant has elected not to use the extended transition period
for complying with any new or revised financial accounting
standards provided pursuant to Section 13(a) of the Exchange Act.
¨
Item 2.02. |
Results
of Operations and Financial Condition. |
On September 10, 2020, FuelCell Energy, Inc. (the “Company”) issued
a press release announcing its financial results and providing a
business update as of and for the three and nine months ended July
31, 2020. A copy of this press release is furnished with
this report as Exhibit 99.1 and is incorporated herein by
reference.
The information furnished in this Item 2.02, including Exhibit
99.1, is not deemed to be “filed” for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended (the “Exchange Act”),
or otherwise subject to the liability of that section. This
information will not be deemed to be incorporated by reference into
any filing under the Securities Act of 1933, as amended (the
“Securities Act”), or the Exchange Act, except to the extent that
the Company specifically incorporates it by reference.
Item
7.01. |
Regulation FD
Disclosure. |
A copy of the investor presentation slides that will be used by the
Company during its September 10, 2020 earnings call is furnished
with this report as Exhibit 99.2.
The information furnished in this Item 7.01, including Exhibit
99.2, is not deemed to be “filed” for purposes of Section 18 of the
Exchange Act, or otherwise subject to the liability of that
section. This information will not be deemed to be incorporated by
reference into any filing under the Securities Act or the Exchange
Act, except to the extent that the Company specifically
incorporates it by reference.
By filing this Current Report on Form 8-K and furnishing
the information contained herein, the Company makes no admission as
to the materiality of any information in this report that is
required to be disclosed solely by reason of Regulation FD.
The information contained in the investor presentation furnished as
Exhibit 99.2 is summary information that is intended to be
considered in the context of the Company’s Securities and Exchange
Commission (“SEC”) filings and other public announcements that the
Company may make, by press release or otherwise, from time to time.
The Company undertakes no duty or obligation to publicly update or
revise the information contained in this presentation, although it
may do so from time to time. Any such updating may be made through
the filing of other reports or documents with the SEC, through
press releases or through other public disclosure.
Item
9.01. |
Financial
Statements and Exhibits. |
(d) The following exhibits are being furnished
herewith:
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: September
10, 2020 |
By: |
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/s/ Michael
S. Bishop |
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Michael S.
Bishop |
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Executive
Vice President and Chief Financial Officer |