8-K 1 fcel-8k_20200318.htm 8-K fcel-8k_20200318.htm










Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of report (Date of earliest event reported): March 18, 2020



(Exact Name of Registrant as Specified in its Charter)








(State or Other Jurisdiction of




File Number)


(IRS Employer

Identification No.)





3 Great Pasture Road,

Danbury,  Connecticut





(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:

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Securities registered pursuant to Section 12(b) of the Act:


Title of each class


Trading Symbol(s)


Name of each exchange on which registered

Common Stock, $0.0001 par value per share




The Nasdaq Stock Market LLC
(Nasdaq Global Market)



Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company  

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  







Item 7.01.

Regulation FD Disclosure.


On March 20, 2020, FuelCell Energy, Inc. (the “Company”) issued a press release announcing the recent developments with respect to its Torrington manufacturing facility discussed under Item 8.01 of this Current Report on Form 8-K.  A copy of the press release is furnished herewith as Exhibit 99.1 to this Current Report on Form 8-K.


The information furnished in this Item 7.01, including Exhibit 99.1, shall be deemed “furnished” and not “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) and is not subject to the liabilities of that section, nor shall it be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.


Item 8.01.Other Events.


On March 18, 2020, the Company, in response to the escalating global coronavirus (COVID-19) outbreak, temporarily suspended operations at its Torrington manufacturing facility. The Company currently expects its manufacturing facility to remain closed through April 20, 2020. The Company further required all employees, except those performing business critical work that cannot be done off-site, to work remotely through at least April 1, 2020. The Company has taken these actions to secure the safety of its employees and to adhere to government recommendations of social distancing and limited public exposure in connection with the COVD-19 pandemic. All Company employees unable to work from home will continue to receive full pay and benefits for their scheduled shifts during this time. These decisions will be re-evaluated as new information becomes available regarding the COVID-19 pandemic.


Item 9.01.

Financial Statements and Exhibits.


(d)  Exhibits.  The following exhibit is being furnished herewith:


Exhibit No.








FuelCell Energy, Inc. Press Release dated March 20, 2020.









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.








Date:  March 20, 2020




/s/ Michael S. Bishop





Michael S. Bishop





Executive Vice President and Chief Financial Officer