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Re: Renee post# 26835

Thursday, 09/03/2020 6:52:43 PM

Thursday, September 03, 2020 6:52:43 PM

Post# of 61393
That sounds like potential trouble for FCEL (but thankfully the charges cited pertain to before the year 2018). For example it says;

"1. This proceeding concerns failures by FuelCell, a Connecticut-based, publicly traded company that designs, manufactures, installs, and services fuel cell power plants, to satisfy its prospectus delivery obligations to investors in connection with five offerings the company conducted from 2005 to 2017.



17. As a result of the conduct described above, FuelCell violated Section 5(b)(2) of the Securities Act, which makes it unlawful for any person, directly or indirectly, to carry or cause to be carried through the mails or interstate commerce any security for the purpose of sale or for delivery after sale, unless accompanied or preceded by a prospectus that meets the requirements of Section 10(a) of the Securities Act.



In view of the foregoing, the Commission deems it appropriate to impose the sanctions agreed to in Respondent FuelCell’s Offer.

Accordingly, it is hereby ORDERED that:

A. Pursuant to Section 8A of the Securities Act, Respondent FuelCell shall cease and desist from committing or causing any violations and any future violations of Section 5(b)(2) of the Securities Act.

B. Respondent acknowledges that the Commission is not imposing a civil penalty based upon its cooperation in a Commission investigation. If at any time following the entry of the Order, the Division of Enforcement (“Division”) obtains information indicating that Respondent knowingly provided materially false or misleading information or materials to the Commission, or in a related proceeding, the Division may, at its sole discretion and with prior notice to the Respondent, petition the Commission to reopen this matter and seek an order directing that the Respondent pay a civil money penalty. Respondent may contest by way of defense in any resulting administrative proceeding whether it knowingly provided materially false or misleading information, but may not: (1) contest the findings in the Order; or (2) assert any defense to liability or remedy, including, but not limited to, any statute of limitations defense.

By the Commission.



Vanessa A. Countryman

Secretary"

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