Plug Power Inc. filed SEC Form 8-K: Other Events, Financial Statements and Exhibits
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Item 8.01 |
Other Events. |
On May 24, 2024, Plug Power Inc. (the “Company”) filed with the Securities and Exchange Commission a prospectus supplement (the “Prospectus Supplement”) to its automatic shelf registration statement on Form S-3 (File No. 333-265488) relating to the resale by certain selling stockholders of up to 3,461,371 shares of the Company’s common stock issuable upon exercise of the warrants that were issued to the selling stockholders pursuant to that certain Agreement and Plan of Merger, dated June 22, 2020 (as amended, supplemented or modified from time to time), by and among the Company, Giner ELX Sub, LLC, Giner ELX Merger Sub, Inc., Giner ELX, Inc., and Giner, Inc., as the representative of the stockholders.
In connection with the filing of the Prospectus Supplement, the Company is filing an opinion of its counsel, Goodwin Procter LLP, regarding the legality of the common stock issuable upon exercise of the warrants, which opinion is attached as Exhibit 5.1 to this Current Report on Form 8-K and incorporated herein by reference.
Item 9.01. | Financial Statements and Exhibits. |
(d) Exhibits.
Exhibit No. |
Description | |
5.1 | Opinion of Goodwin Procter LLP. | |
23.1 | Consent of Goodwin Procter LLP (included in its opinion filed as Exhibit 5.1). | |
104 | Cover Page Interactive Data File - the cover page iXBRL tags are embedded within the Inline XBRL document. |
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.
PLUG POWER INC. | ||
Date: May 24, 2024 | By: | /s/ Paul Middleton |
Paul Middleton | ||
Chief Financial Officer |