UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
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Emerging growth company
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Item 5.03 | Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year. |
On August 9, 2023, the Board of Directors of Bloom Energy Corporation (“Bloom Energy” or the “Company”) adopted an amendment and restatement of the Company’s Amended and Restated Bylaws (as so amended and restated, the “Amended and Restated Bylaws”), effective as of such date, in order to, among other things:
• | Clarify timing, procedural and disclosure requirements related to business proposals and director nominations submitted by stockholders, including with respect to the amendment of business proposals and nominations, identification of substitute director nominees, timing for completion of director nominee questionnaires, verification of certain information, and the disclosure of information related to the proposing stockholder’s intent to solicit proxies and regarding other persons related to the proposing stockholder, as well as clarifying the Company’s ability to disregard such nominations or proposals in the event such stockholder does not so comply; and |
• | Update stockholder list requirements in line with recent amendments to the Delaware General Corporation Law. |
The Amended and Restated Bylaws also incorporate certain ministerial, conforming and other clarifying changes.
The foregoing description of the Amended and Restated Bylaws does not purport to be complete and is qualified in its entirety by reference to the complete text of the Amended and Restated Bylaws, a copy of which is filed with this report as Exhibit 3.1 and incorporated into this report by reference.
Item 9.01 | Financial Statements and Exhibits |
(d) Exhibits
Exhibit No. |
Description | |
3.1 | Amended and Restated Bylaws of the Company, effective August 9, 2023 | |
104 | Cover page interactive data file (embedded within the inline XBRL document) |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
BLOOM ENERGY CORPORATION | ||||||
Date: August 11, 2023 | By: | /s/ Shawn M. Soderberg | ||||
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Shawn M. Soderberg | |||||
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EVP, General Counsel and Secretary |