UNITED STATES
SECURITIES AND
EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to
Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): March 25, 2010
FUELCELL ENERGY,
INC.
(Exact name of registrant as
specified in its charter)
| Delaware | 1-14204 | 06-0853042 | ||
| (State or other Jurisdiction of Incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| 3 Great Pasture Road,
Danbury, Connecticut |
06813 | |
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code: (203) 825-6000
| Not
Applicable |
| (Former name or former address if changed since last report.) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting material pursuant
to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule
14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule
13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 5.07. Submission of Matters to a Vote of Security Holders.
There were three matters submitted to a vote of securities holders at the FuelCell Energy, Inc. Annual Shareholders’ Meeting, which was held on March 25, 2010. Following are the three proposals:
(1) To elect nine directors to serve for the ensuing year and until their successors are duly elected and qualified.
The results of the voting were as follows:
| NAME OF DIRECTOR | VOTES FOR |
VOTES WITHHELD |
||
|
R. Daniel Brdar
|
48,349,963 | 1,577,853 | ||
Richard A. Bromley |
48,610,135 | 1,317,681 | ||
James Herbert England |
48,478,175 | 1,449,641 | ||
James D. Gerson |
48,595,508 | 1,332,308 | ||
Thomas L. Kempner |
48,552,890 | 1,374,926 | ||
William A. Lawson |
48,403,679 | 1,524,137 | ||
George K. Petty |
48,454,715 | 1,473,101 | ||
John A. Rolls |
48,630,382 | 1,297,434 | ||
Togo Dennis West, Jr. |
48,438,703 | 1,489,112 |
(2) To ratify the selection of KPMG LLP as the independent registered public accounting firm for fiscal year 2010.
The results of the voting were as follows:
|
VOTES FOR
|
64,808,376 | |||
|
VOTES AGAINST
|
623,076 | |||
|
ABSTAINED
|
253,193 |
(3) To adopt the 2010 FuelCell Energy, Inc. Equity Incentive Plan.
The results of the voting were as follows:
|
VOTES FOR
|
36,468,216 | |||
|
VOTES AGAINST
|
12,981,431 | |||
|
ABSTAINED
|
478,168 |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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| FUELCELL ENERGY, INC. | ||||
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Date: March 29, 2010
|
By: | /s/ Joseph G. Mahler | ||
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| Joseph G. Mahler | ||||
| Senior Vice President, Chief Financial Officer, Corporate Secretary and Treasurer | ||||
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