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BCON > SEC Filings for BCON > Form 8-K on 22-Dec-2008All Recent SEC Filings

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Form 8-K for BEACON POWER CORP


22-Dec-2008

Entry into a Material Definitive Agreement, Financial Statements and Exhibits


Item 1.01 Entry Into a Material Definitive Agreement.

On December 19, 2008, Beacon Power Corporation (the "Company") entered into a Placement Agency Agreement whereby Merriman Curhan Ford & Co. will receive a placement fee equal to 6.5% of the proceeds received by the Company to act as placement agent in connection with the offering, issuance and sale to investors (the "Investors") of 8,966,00 units, each of which consists of one share of the Company's common stock, par value $0.01 per share (the "Common Stock"), and a warrant (the "Warrant") to purchase one share of Common Stock at an exercise price of $0.74 per share. The Warrant has a term of five years from the date of exercisability and is first exercisable six months and one day after their issuance. The Warrant is immediately separable from the units. A copy of the Placement Agency Agreement is attached as Exhibit 1.1 hereto and is incorporated herein by reference.

On December 19, 2008, the Company entered into Subscription Agreements with the Investors pursuant to which the Investors agreed to purchase an aggregate of 8,966,000 units at a purchase price of $0.50 per unit. A copy of the form of Subscription Agreement and form of Warrant entered into between the Company and the Investors are attached hereto as Exhibits 1.2 and 1.3 and are incorporated herein by reference.

On December 22, 2008, the Company issued a press release announcing the offering. A copy of the press release is attached hereto as Exhibit 99.1, and is incorporated herein by reference.



Item 9.01 Financial Statements and Exhibits.

(c) Exhibits.

                                                                         Exhibit
                         Exhibit Description                              Number

Placement Agency Agreement dated as of December 19, 2008 by and            1.1
between Beacon Power Corporation and Merriman Curhan Ford & Co.

Form of Subscription Agreement dated December 19, 2008                     1.2

Form of Warrant to be issued to the Investors                              1.3

Opinion of Edwards Angell Palmer & Dodge LLP                               5.1

Consent of Edwards Angell Palmer & Dodge LLP (included in its opinion      23.1
filed as Exhibit 5.1 hereto)

Press Release dated December 22, 2008                                      99.1


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