Plug Power Inc. Files 8-K: Material Agreement & Exhibits

TL;DR

PLUG filed an 8-K on 8/15/25 for a material agreement and exhibits.

AI Summary

On August 15, 2025, Plug Power Inc. filed an 8-K report. The filing indicates an entry into a material definitive agreement and includes financial statements and exhibits. Specific details regarding the agreement or financial figures were not immediately available in the provided text.

Why It Matters

This filing signals a significant business development for Plug Power Inc., potentially involving new contracts or financial arrangements that could impact its operations and future performance.

Risk Assessment

Risk Level: medium — Material definitive agreements can introduce new risks or opportunities, and the inclusion of financial statements suggests potential financial implications that warrant closer examination.

Key Players & Entities

• Plug Power Inc. (company) — Registrant
• August 15, 2025 (date) — Date of earliest event reported
• Delaware (jurisdiction) — State of incorporation
• 1-34392 (identifier) — Commission File Number
• 22-3672377 (identifier) — IRS Employer Identification No.
• 125 Vista Boulevard, Slingerlands, New York 12159 (address) — Address of principal executive offices
• 5187827700 (phone_number) — Registrant's telephone number

FAQ

Key Financial Figures

• $0.01 — h registered Common Stock, par value $0.01 per share PLUG The Nasdaq Capital M
• $1.0 billion — an aggregate gross sales price of up to $1.0 billion in an "at the market offering" as defin
• $25,000 — gal expenses in an amount not to exceed $25,000 in connection with Amendment No. 3. The

Filing Documents

• tm2523585d2_8k.htm (8-K) — 29KB
• tm2523585d2_ex1-1.htm (EX-1.1) — 20KB
• tm2523585d2_ex5-1.htm (EX-5.1) — 11KB
• tm2523585d2_ex5-1img001.jpg (GRAPHIC) — 7KB
• 0001104659-25-079039.txt ( ) — 240KB
• plug-20250815.xsd (EX-101.SCH) — 3KB
• plug-20250815_lab.xml (EX-101.LAB) — 33KB
• plug-20250815_pre.xml (EX-101.PRE) — 22KB
• tm2523585d2_8k_htm.xml (XML) — 3KB

01 Entry into a Material Definitive Agreement

Item 1.01 Entry into a Material Definitive Agreement. As previously disclosed, Plug Power Inc. (the "Company") entered into an At Market Issuance Sales Agreement, dated January 17, 2024 (the "Original Agreement"), as amended by Amendment No. 1 to the Original Agreement, dated February 23, 2024 ("Amendment No. 1"), and Amendment No. 2 to the Original Agreement, dated November 7, 2024 ("Amendment No. 2" and together with the Original Agreement and Amendment No. 1, the "Sales Agreement"), with B. Riley Securities, Inc. ("B. Riley"), pursuant to which the Company may, from time to time, offer and sell shares of the Company's common stock, par value $0.01 per share (the "Shares"), through or to B. Riley, as sales agent or principal, having an aggregate gross sales price of up to $1.0 billion in an "at the market offering" as defined in Rule 415 promulgated under the Securities Act of 1933, as amended (the "Securities Act"). On August 15, 2025, the Company and B. Riley entered into Amendment No. 3 to the Sales Agreement ("Amendment No. 3") to extend the term of the Sales Agreement. Unless earlier terminated, the Sales Agreement, as amended by Amendment No. 3, will terminate upon the earlier to occur of (i) August 15, 2027 and (ii) the issuance and sale of all of the Shares under the Sales Agreement. The Company has agreed to reimburse B. Riley for its legal expenses in an amount not to exceed $25,000 in connection with Amendment No. 3. The material terms and conditions of the Sales Agreement otherwise remain unchanged. The Shares will be issued pursuant to the Company's automatic shelf registration statement on Form S-3 (File No. 333-287577), which became effective upon filing with the Securities and Exchange Commission (the "SEC") on May 27, 2025 and the prospectus supplement, dated and filed with the SEC pursuant to Rule 424(b) under the Securities Act on August 15, 2025. The foregoing description of Amendment No. 3 does not purport to be complete and is qualified

01. Financial Statements and Exhibits

Item 9.01. Financial Statements and Exhibits. (d) Exhibits. Exhibit Number Title 1.1 Amendment No. 3 to At Market Issuance Sales Agreement, dated August 15, 2025, by and between Plug Power Inc. and B. Riley Securities, Inc. 5.1 Opinion of Goodwin Procter LLP 23.1 Consent of Goodwin Procter LLP (included in Exhibit 5.1) 104 Cover Page Interactive Data File (embedded with the Inline XBRL document). 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: August 15, 2025 By: /s/ Paul Middleton Name: Paul Middleton Title: Chief Financial Officer

View Full Filing

View this 8-K filing on SEC EDGAR