SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-A
FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
PURSUANT TO SECTION 12(b) OR 12(g) OF THE
SECURITIES EXCHANGE ACT OF 1934
FUELCELL ENERGY, INC.
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(Exact name of registrant as specified in its charter)
Delaware 06-0853042
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(State of (IRS Employer
Incorporation or Organization) Identification No.)
3 Great Pasture Road, Danbury, Connecticut 06813
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(Address of Principal Executive Offices) (Zip Code)
If this form relates to the registration of a class of securities pursuant to
Section 12(b) of the Exchange Act and is effective pursuant to General
Instruction A.(c), please check the following box. [ ]
If this form relates to the registration of a class of securities pursuant to
Section 12(g) of the Exchange Act and is effective pursuant to General
Instruction A.(d), please check the following box. [X]
Securities Act registration statement file number to which this
form relates: N/A
Securities to be registered pursuant to Section 12(b) of the Act:
Title of Each Class Name of Each Exchange on Which
to be so Registered Each Class is to be Registered
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N/A N/A
Securities to be registered pursuant to Section 12(g) of the Act:
Common Stock, $.0001 par value
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(Title of Class)
Item 1. Description of Registrant's Securities to be Registered
A description of the Registrant's Common Stock is set forth under the
caption "DESCRIPTION OF CAPITAL STOCK" contained in the prospectus included in
the Company's Registration Statement on Form S-3 (File No. 333-32972), and is
incorporated herein by reference.
Item 2. Exhibits.
See Exhibit Index immediately following signature page.
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SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange
Act of 1934, the registrant has duly caused this registration statement to be
signed on its behalf by the undersigned, thereto duly authorized.
FUELCELL ENERGY, INC.
Date: June 6, 2000 By: /s/ Joseph G. Mahler
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Joseph G. Mahler
Senior Vice President,
Chief Financial Officer,
Secretary and Treasurer
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FUELCELL ENERGY, INC.
EXHIBIT INDEX
to
FORM 8-A
Exhibit
Number Description
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3.1 Certificate of Incorporation of the registrant, as amended,
(incorporated by reference to Exhibit 3.1 contained in the
registrant's Current Report on Form 8-K dated September 21, 1999)
3.2 Restated By-Laws of the registrant, dated July 13, 1999 (incorporated
by reference to Exhibit 3.2 contained in the registrant's Current
Report on Form 8-K dated September 21, 1999)
4.1 Specimen of Common Share Certificate (incorporated by reference to
Exhibit 4 contained in the registrant's Annual Report on Form 10-K for
the fiscal year ended October 31, 1999)
