PLUG POWER INC. (NASDAQ:PLUG) Files An 8-K Entry into a Material Definitive Agreement

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PLUG POWER INC. (NASDAQ:PLUG) Files An 8-K Entry into a Material Definitive Agreement

Item 1.01. Entry into a Material Definitive
Agreement.

On April 3, 2017 , Plug Power Inc. (the Company or we) entered
into an At Market Issuance Sales Agreement (the Sales Agreement)
with FBR Capital Markets Co., as sales agent (FBR), to which we
may offer and sell, from time to time through FBR, shares of our
common stock par value $0.01 per share (the Common Stock) having
an aggregate offering price of up to $75.0 million (the Shares).

Under the Sales Agreement, FBR may sell Shares in sales deemed to
be at the market offerings as defined in Rule415 promulgated
under the Securities Act of 1933, as amended. We may instruct FBR
not to sell Shares if the sales cannot be effected at or above
the price designated by us from time to time.

We are not obligated to make any sales of the Shares under the
Sales Agreement. The offering of Shares to the Sales Agreement
will terminate upon the earlier of (a)the sale of all of the
Shares subject to the Sales Agreement or (b)the termination of
the Sales Agreement by FBR or the Company, as permitted therein.

We will pay FBR a commission rate equal to 3.0% of the aggregate
gross proceeds from each sale of Shares and have agreed to
provide FBR with customary indemnification and contribution
rights. We will also reimburse FBR for certain specified expenses
in connection with entering into the Sales Agreement.

The foregoing description of the Sales Agreement is not complete
and is qualified in its entirety by reference to the full text of
such agreement, a copy of which is filed herewith as Exhibit10.1
to this Current Report on Form8-K and is incorporated herein by
reference. The opinion of our counsel regarding the validity of
the Shares that will be issued to the Sales Agreement is also
filed herewith as Exhibit5.1.

This Current Report on Form8-K shall not constitute an offer to
sell or the solicitation of an offer to buy the common stock
discussed herein, nor shall there be any offer, solicitation, or
sale of common stock in any state in which such offer,
solicitation or sale would be unlawful prior to registration or
qualification under the securities laws of any such state.

Item 9.01. Financial Statements and Exhibits

d) Exhibits.

Exhibit Number

Description

5.1

Opinion of Goodwin Procter LLP

10.1

At Market Issuance Sales Agreement, dated April 3, 2017,
by and between Plug Power Inc. and FBR Capital Markets
Co.

23.1

Consent of Goodwin Procter LLP (included in Exhibit5.1)


About PLUG POWER INC. (NASDAQ:PLUG)

Plug Power Inc. is a provider of alternative energy technology focused on the design, development, commercialization and manufacture of hydrogen fuel cell systems used for the industrial off-road market and the stationary power market. The Company’s product line includes GenKey, GenDrive, GenFuel, GenCare and ReliOn. GenKey offers solutions to customers transitioning their material handling vehicles to fuel cell power. GenDrive is a hydrogen fueled proton exchange membrane (PEM) fuel cell system. It provides power to material handling vehicles. GenFuel is a hydrogen fueling delivery system. It is designed to allow customers to refuel its GenDrive units for productivity. GenCare is an ongoing maintenance program for both the GenDrive fuel cells and GenFuel products. ReliOn is a stationary fuel cell solution. It provides scalable, modular PEM fuel cell power to support the backup and grid-support power requirements of the telecommunications, transportation and utility sectors.

PLUG POWER INC. (NASDAQ:PLUG) Recent Trading Information

PLUG POWER INC. (NASDAQ:PLUG) closed its last trading session down -0.06 at 1.32 with 4,749,445 shares trading hands.