Plug Power Inc. Files Material Definitive Agreement

TL;DR

PLUG signed a big deal on 7/18, details TBD.

AI Summary

On July 18, 2024, Plug Power Inc. entered into a material definitive agreement. The filing does not provide specific details about the agreement or any associated dollar amounts or parties involved.

Why It Matters

This filing indicates a significant new agreement for Plug Power Inc., which could impact its future operations and financial performance.

Risk Assessment

Risk Level: medium — The lack of specific details in the filing regarding the material definitive agreement introduces uncertainty about its implications.

Key Players & Entities

• Plug Power Inc. (company) — Registrant
• July 18, 2024 (date) — Date of earliest event reported

FAQ

Key Financial Figures

• $0.01 — ch registered Common Stock, par value $0.01 per share PLUG The Nasdaq Capital M
• $2.54 — Stock"), at a public offering price of $2.54 per share (the "Offering") . Under the
• $190.6 million — e by the Company, will be approximately $190.6 million (or approximately $219.2 million if the
• $219.2 million — mately $190.6 million (or approximately $219.2 million if the Underwriters exercise their opti

Filing Documents

• tm2419697d5_8k.htm (8-K) — 30KB
• tm2419697d5_ex1-1.htm (EX-1.1) — 169KB
• tm2419697d5_ex5-1.htm (EX-5.1) — 9KB
• tm2419697d5_ex5-1img001.jpg (GRAPHIC) — 10KB
• 0001104659-24-081548.txt ( ) — 472KB
• plug-20240718.xsd (EX-101.SCH) — 3KB
• plug-20240718_def.xml (EX-101.DEF) — 26KB
• plug-20240718_lab.xml (EX-101.LAB) — 35KB
• plug-20240718_pre.xml (EX-101.PRE) — 24KB
• tm2419697d5_8k_htm.xml (XML) — 4KB

01 Entry Into a Material Definitive Agreement

Item 1.01 Entry Into a Material Definitive Agreement. On July 18, 2024, Plug Power Inc. (the "Company") entered into an underwriting agreement (the "Underwriting Agreement") with Morgan Stanley & Co. LLC, as representative of the several underwriters named in Schedule I thereto (the "Underwriters"), pursuant to which the Company agreed to issue and sell 78,740,157 shares of its common stock, par value $0.01 per share (the "Common Stock"), at a public offering price of $2.54 per share (the "Offering") . Under the terms of the Underwriting Agreement, the Company granted the Underwriters a 30-day option to purchase up to an additional 11,811,023 shares of Common Stock at the public offering price, less the underwriting discount. The Company estimates that the net proceeds from the Offering, after deducting the underwriting discount and estimated offering expenses payable by the Company, will be approximately $190.6 million (or approximately $219.2 million if the Underwriters exercise their option to purchase additional shares of Common Stock in full). The Company intends to use the net proceeds from the Offering for general corporate purposes. The Offering closed on July 22, 2024 and was made pursuant to a prospectus supplement dated July 18, 2024 and a base prospectus dated June 8, 2022 relating to the Company's registration statement on Form S-3 (File No. 333-265488). The Underwriting Agreement contains customary representations, warranties, covenants and agreements by the Company, customary conditions to closing and indemnification obligations of the Company and the Underwriters, including for liabilities under the Securities Act of 1933, as amended. The representations, warranties, covenants and agreements contained in the Underwriting Agreement were made only for purposes of such agreement and as of specific dates, were solely for the benefit of the parties to such agreement and may be subject to limitations agreed upon by the contracting parties. The forego

01. Financial Statements and Exhibits

Item 9.01. Financial Statements and Exhibits. (d) Exhibits. Exhibit Number Title 1.1 Underwriting Agreement, dated July 18, 2024, by and among Plug Power Inc., and Morgan Stanley & Co. LLC, as representative of the several underwriters named in Schedule I thereto 5.1 Opinion of Goodwin Procter LLP 23.1 Consent of Goodwin Procter LLP (contained in Exhibit 5.1) 104 Cover Page Interactive Data File (embedded with the Inline XBRL document) 2 SIGNATURE 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. Plug Power Inc. Date: July 22, 2024 By: /s/ Paul Middleton Name: Paul Middleton Title: Chief Financial Officer 3

View Full Filing

View this 8-K filing on SEC EDGAR