Statement of Changes in Beneficial Ownership (4)
December 02 2022 - 06:43PM
Edgar (US Regulatory)
FORM 4
[ ] Check this box if no longer subject to Section
16. Form 4 or Form 5 obligations may continue. See
Instruction 1(b).
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL
OWNERSHIP OF SECURITIES
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OMB
APPROVAL
OMB Number: 3235-0287
Estimated average burden
hours per response... 0.5 |
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Filed pursuant to Section 16(a) of the
Securities Exchange Act of 1934 or Section 30(h) of the Investment
Company Act of 1940
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1. Name
and Address of Reporting Person * Hull Martin
Daniel |
2. Issuer Name and Ticker or Trading
Symbol PLUG POWER INC [ PLUG ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)_____
Director _____
10% Owner
__X__ Officer (give title
below) _____ Other
(specify below)
Corporate Controller and CAO |
(Last)
(First)
(Middle)
C/O PLUG POWER INC., 968 ALBANY SHAKER ROAD |
3. Date of Earliest Transaction (MM/DD/YYYY)
8/19/2022
|
(Street)
LATHAM, NY 12110
(City)
(State)
(Zip)
|
4. If Amendment, Date Original Filed
(MM/DD/YYYY)
|
6. Individual or Joint/Group Filing
(Check Applicable Line) _X _ Form filed by One Reporting Person
___ Form filed by More than One Reporting Person |
Table I - Non-Derivative Securities Acquired, Disposed of, or
Beneficially Owned
|
1.Title of Security
(Instr. 3) |
2. Trans. Date |
2A. Deemed Execution Date, if any |
3. Trans. Code
(Instr. 8) |
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) |
5. Amount of Securities Beneficially Owned Following
Reported Transaction(s)
(Instr. 3 and 4) |
6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4) |
7. Nature of Indirect Beneficial Ownership (Instr.
4) |
Code |
V |
Amount |
(A) or (D) |
Price |
Common Stock |
8/19/2022 |
|
F(1)(2) |
|
7576 |
D |
$28.43 (3) |
172326 (4) |
D |
|
Common Stock |
9/22/2022 |
|
F(1)(5) |
|
2652 |
D |
$25.52 (6) |
169674 |
D |
|
Common Stock |
9/28/2022 |
|
F(1) |
|
5303 |
D |
$21.85 (7) |
164371 |
D |
|
Common Stock |
|
|
|
|
|
|
|
29041 |
I |
401(k) Plan (8) |
Table II - Derivative Securities Beneficially Owned
(e.g., puts, calls, warrants, options, convertible
securities)
|
1. Title of Derivate Security
(Instr. 3) |
2. Conversion or Exercise Price of Derivative
Security |
3. Trans. Date |
3A. Deemed Execution Date, if any |
4. Trans. Code
(Instr. 8) |
5. Number of Derivative Securities Acquired (A) or
Disposed of (D)
(Instr. 3, 4 and 5) |
6. Date Exercisable and Expiration Date |
7. Title and Amount of Securities Underlying
Derivative Security
(Instr. 3 and 4) |
8. Price of Derivative Security
(Instr. 5) |
9. Number of derivative Securities Beneficially
Owned Following Reported Transaction(s) (Instr. 4) |
10. Ownership Form of Derivative Security: Direct
(D) or Indirect (I) (Instr. 4) |
11. Nature of Indirect Beneficial Ownership (Instr.
4) |
Code |
V |
(A) |
(D) |
Date Exercisable |
Expiration Date |
Title |
Amount or Number of Shares |
Explanation of
Responses: |
(1) |
Tendered to Issuer to
satisfy tax withholding obligations of the Reporting Person
incurred in connection with the vesting of the Reporting Person's
restricted stock awards. |
(2) |
The initial grant of the
restricted stock award was reported on a Form 4 filed on August 21,
2019, but was inadvertently disclosed as a restricted stock unit
award instead of a restricted stock award. |
(3) |
Pursuant to the Plug Power
Inc. Third Amended and Restated 2011 Stock Option and Incentive
Plan, each share was tendered to Issuer at the price per share on
the closing date of August 18, 2022, which is the date prior to the
date withholding was effected. |
(4) |
The total Amount of
Securities Beneficially Owned in Table I, Column 5 reflects the
addition of 16,667 shares of the restricted stock award that was
previously reported inadvertently on Table II as part of a grant of
50,000 restricted stock units on the Form 4 filed on August 21,
2019. |
(5) |
The initial grant of this
restricted stock award was reported on a Form 4 filed on November
9, 2021, but was inadvertently described in the accompanying
footnote as a restricted stock unit award instead of a restricted
stock award. |
(6) |
Pursuant to the Plug Power
Inc. 2021 Stock Option and Incentive Plan, as amended, each share
was tendered to Issuer at the price per share on the closing date
of September 21, 2022, which is the date prior to the date
withholding was effected. |
(7) |
Pursuant to the Plug Power
Inc. Third Amended and Restated 2011 Stock Option and Incentive
Plan, each share was tendered to Issuer at the price per share on
the closing date of September 27, 2022, which is the date prior to
the date withholding was effected. |
(8) |
The Reporting Person holds
29,041 shares of common stock in Plug Power Inc.'s 401(k) plan. The
information in this report is based on a plan statement as of
November 14, 2022. |
Reporting
Owners
|
Reporting Owner Name / Address |
Relationships
|
Director |
10% Owner |
Officer |
Other |
Hull Martin Daniel
C/O PLUG POWER INC.
968 ALBANY SHAKER ROAD
LATHAM, NY 12110 |
|
|
Corporate Controller and CAO |
|
Signatures
|
/s/ Gerard L. Conway, Jr.,
Attorney-in-Fact |
|
12/2/2022 |
**Signature
of Reporting Person |
Date |
Reminder: Report on a separate line for each class
of securities beneficially owned directly or
indirectly. |
* |
If the form is filed by more than one
reporting person, see Instruction 4(b)(v). |
** |
Intentional misstatements or omissions
of facts constitute Federal Criminal Violations. See 18
U.S.C. 1001 and 15 U.S.C. 78ff(a). |
Note: |
File three copies of this Form, one of
which must be manually signed. If space is insufficient, see
Instruction 6 for procedure. |
Persons who respond to the collection of information
contained in this form are not required to respond unless the form
displays a currently valid OMB control number. |
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