FuelCell Energy Files Prospectus Supplement; Legal Opinion Attached

What Happened

• On July 21, 2026, FuelCell Energy, Inc. filed a prospectus supplement to its automatic shelf registration statement on Form S-3 (Registration No. 333-296607) with the SEC.
• This Form 8-K was filed solely to furnish the opinion of Latham & Watkins LLP regarding the legality of the issuance and sale of the securities described in that prospectus supplement; that opinion is filed as Exhibit 5.1.

Key Details

• Filing date: July 21, 2026.
• Registration: prospectus supplement to automatic shelf registration on Form S-3 (Reg. No. 333-296607).
• Legal opinion: Latham & Watkins LLP opinion on legality of issuance and sale of the securities (Exhibit 5.1).
• Consent: Latham & Watkins’ consent is included in the opinion (Exhibit 23.1).

Why It Matters

• The filing indicates FuelCell Energy has placed documentation in the SEC record to support issuing securities under its existing shelf registration; the 8-K itself does not announce specific offering terms or that securities have been sold.
• Investors should watch for the prospectus supplement details and any future filings (e.g., pricing notices or sale announcements) to learn what types and amounts of securities might be offered and how that could affect capitalization or dilution.