Replies to post #9895 on FuelCell Energy Inc (FCEL)

[Trading4it]

Max, I'm fairly confident I'm right (but jury is still out). I also think that by virtue of additional clauses included in the "Waiver Agreement", "Exchange Agreement" & "Form of Consent and Waiver" each dated 2/21/2019, the PS hldrs relinquished their PS status to that of CS status. Which in effect means a BK filing would screw them too.

Waiver Agreement
https://www.sec.gov/Archives/edgar/data/886128/000114420419009210/tv514228_ex10-1.htm

Exchange Agreement
https://www.sec.gov/Archives/edgar/data/886128/000114420419009210/tv514228_ex10-2.htm

Form of Consent and Waiver
https://www.sec.gov/Archives/edgar/data/886128/000114420419009210/tv514228_ex10-3.htm