Item 5.02.Departure of Directors or Certain Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On January 19, 2021, due to the travel impacts of the COVID-19 pandemic,
FuelCell Energy, Inc. (the "Company") entered into a second amendment (the
"Amendment") to the Employment Agreement, effective as of August 26, 2019,
between the Company and Jason B. Few, the Company's President and Chief
Executive Officer (the "CEO"), as amended by the first amendment, dated as of
April 23, 2020 (the "Employment Agreement"). The Amendment provides that the
Company shall pay to the CEO a lump sum cash payment in the gross amount of
$200,000, within 30 days following his relocation to the Danbury, Connecticut
area, provided that (i) such relocation occurs by no later than October 31, 2021
and (ii) the CEO is employed by the Company on the date of such payment. The
Amendment also replaces the CEO's monthly travel allowance with a monthly
reimbursement of his actual commuting expenses incurred, subject to a limit of
$13,000 per month, extends the period of time during which the Company will pay
certain of the CEO's apartment expenses until October 31, 2021 and provides for
the Company's reimbursement of travel expenses of the CEO's spouse for two trips
to facilitate relocation. All other terms and conditions of the Employment
Agreement remain in full force and effect.
The foregoing description of the Amendment is a summary and is qualified in its
entirety by reference to the full text of the Amendment, which is attached as
Exhibit 10.1 to this Current Report on Form 8-K and is incorporated by reference
into this Item 5.02.
Item 9.01.Financial Statements and Exhibits.
(d) The following exhibit is being filed herewith:
Exhibit No. Description
10.1 Second Amendment, dated as of January 19, 2021, to the Employment
Agreement, effective as of August 26, 2019, between FuelCell Energy,
Inc. and Jason B. Few.
104 Cover Page Interactive Data File (embedded within the Inline XBRL
document)
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FUELCELL ENERGY, INC. 
