SEC Company Response from FUELCELL ENERGY INC (FCEL, FCELB) (CIK 0000886128) (FCEL) — May 11, 2005
FUELCELL ENERGY INC (FCEL, FCELB) (CIK 0000886128)
Date: May 11, 2005 · CIK: 0000886128 · Accession: 0001144204-05-014864
AI Filing Summary & Sentiment
File numbers found in text: 333-122216, 333-122241
Letter
Re: FUELCELL ENERGY, INC. AMENDMENT NO. 3 TO REGISTRATION STATEMENTS ON FORM S-1 FILE NO. 333-122216 FILE NO. 333-122241
RICHARD A. KRANTZ
Financial Centre 695 East Main Street P.O. Box 10305 Stamford, CT 06904-2305 Main (203) 462-7500 Fax (203) 462-7599 rkrantz@rc.com Direct (203) 462-7505
Also admitted in New York and Massachusetts
May 11, 2005
Division of Corporation Finance United States Securities and Exchange Commission 450 Fifth Street, N.W. Washington, DC 20549
Ladies and Gentlemen:
FuelCell Energy, Inc. (the "Company") has today filed Amendment No. 3 to the Registration Statement on Form S-1 (No. 333-122216) (the "Registration Statement").
In response to the comments raised in your letter of April 29, 2005, the Company has decided not to register shares of its common stock for sale in connection with its cash payment of dividends to holders of its 5% Series B Cumulative Convertible Perpetual Preferred Stock ("Series B preferred stock"). Accordingly, the Registration Statement has been revised to delete all references with respect to the registration of 1,500,000 shares of its common stock relating to the payments of dividends to holders of its Series B preferred stock. As revised, the Company is solely registering in the Registration Statement 300,000 shares of its common stock to be issued as partial payment of annual bonuses to certain of its employees as provided therein.
The Company has also filed today Amendment No. 3 to its Registration Statement on Form S-1(No. 333-122241), to update the information contained therein.
Please contact the undersigned if you have additional concerns or questions.
Very truly yours,
/s/ Richard A. Krantz
---------------------
Richard A. Krantz
Show Raw Text
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RICHARD A. KRANTZ
Financial Centre
695 East Main Street
P.O. Box 10305
Stamford, CT 06904-2305
Main (203) 462-7500
Fax (203) 462-7599
rkrantz@rc.com
Direct (203) 462-7505
Also admitted in New York
and Massachusetts
May 11, 2005
Division of Corporation Finance
United States Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549
Re: FUELCELL ENERGY, INC.
AMENDMENT NO. 3 TO REGISTRATION STATEMENTS ON FORM S-1
FILE NO. 333-122216
FILE NO. 333-122241
Ladies and Gentlemen:
FuelCell Energy, Inc. (the "Company") has today filed Amendment No. 3 to the
Registration Statement on Form S-1 (No. 333-122216) (the "Registration
Statement").
In response to the comments raised in your letter of April 29, 2005, the Company
has decided not to register shares of its common stock for sale in connection
with its cash payment of dividends to holders of its 5% Series B Cumulative
Convertible Perpetual Preferred Stock ("Series B preferred stock"). Accordingly,
the Registration Statement has been revised to delete all references with
respect to the registration of 1,500,000 shares of its common stock relating to
the payments of dividends to holders of its Series B preferred stock. As
revised, the Company is solely registering in the Registration Statement 300,000
shares of its common stock to be issued as partial payment of annual bonuses to
certain of its employees as provided therein.
The Company has also filed today Amendment No. 3 to its Registration Statement
on Form S-1(No. 333-122241), to update the information contained therein.
Please contact the undersigned if you have additional concerns or questions.
Very truly yours,
/s/ Richard A. Krantz
---------------------
Richard A. Krantz
RAK:mab
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