BLOOM ENERGY CORPORATION Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
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The Restated Bylaws have been revised to, among other things:
•provide greater flexibility to the Board upon the adjournment of an annual or
special meeting of stockholders (Article I, Section 1.4);
•give the Board (and not just the chairperson) authority to adopt rules of
conduct for stockholder meetings (Article I, Section 1.6);
•revise the advance notice provisions to, among other things: (i) clarify that
the notice must comply with the Restated Bylaws; (ii) provide the Company
broader authority to request information from director nominees; (iii) clarify
the use of definitional terms used in this section; and (iv) provide for
reopening of the window if there is an increase in the size of the Board at any
point after the advance notice window closes (Article I, Section 1.11);
•update to give the chairperson authority to adjourn Board meetings (Article II,
Section 2.6);
•update the notice provisions to track current
The foregoing description of the Restated Bylaws does not purport to be complete and is qualified in its entirety by reference to the full text of the Restated Bylaws, a copy of which is attached hereto as Exhibit 3.2 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 3.2 Amended and Restated Bylaws, as effectiveNovember 5, 2020 Cover page interactive data file (embedded within the inline 104 XBRL document)
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