FuelCell Energy Inc (FCEL)

[M4dsc1]

About the Warrants and their re-sale:

In addition, the Company has granted to the holders of the Warrants certain registration rights. Specifically, the Company has agreed to use its commercially reasonable efforts to effect, as soon as practicable after issuance of the Warrants, but in no event later than March 16, 2020, the registration of resales of all shares of common stock issuable upon exercise of the Warrants on a delayed or continuous basis at then-prevailing market prices.

(page 6 of the 11/06 8-K)

So it is all possible that the warrants have indeed been fully exercised and re-sold. If not by now, certainly by March 16, 2020 at which time the sales must be marked as effective by the SEC or else...

In the event that (a) such a registration statement is not declared effective by the Securities and Exchange Commission (“SEC”) on or before March 16, 2020.......such that a holder is unable to sell all of the shares of stock issuable upon exercise of the Warrant without restriction under Rule 144, then, as partial relief to the holder......the Company shall pay to the holder $25,000 in cash on the date of such Effectiveness Failure............and on every subsequent 30-day anniversary.............. In the event that any of such payment is not timely made, such payment shall bear interest at the rate of 1.0% per month, prorated for partial months, until paid in full.