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BCON > SEC Filings for BCON > Form 8-K on 5-Nov-2009All Recent SEC Filings

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Form 8-K for BEACON POWER CORP


5-Nov-2009

Results of Operations and Financial Condition, Other Events, Financial Statemen


Item 2.02. Results of Operations and Financial Condition.

On November 4, 2009, Beacon Power Corporation issued a press release announcing its financial results for the quarter and nine month period ended September 30, 2009. Pursuant to Item 2.02, a copy of the press release is hereby furnished to the Commission as Exhibit 99.1 to this report and is incorporated by reference herein.



Item 8.01 Other Events.

As previously disclosed, Beacon Power Corporation (the "Company") has entered into a Common Stock Purchase Agreement dated as of February 19, 2009 between the Company and Seaside 88, LP and a first amendment to such agreement dated as of June 19, 2009 (as so amended, the "Agreement"). Under the Agreement, the Company is required to issue and Seaside to buy 1,500,000 shares of the Company's common stock twice each month at closings on the 5th day and 20th day of each month during the term of the Agreement (or if that day is not a business day, then on the next business day) at a purchase price equal to 86% of the volume weighted average trading price of the Company's common stock over the ten trading day period immediately preceding each closing, but in no event below $0.20 per share, and in each case subject to the terms and conditions of the Agreement.

Pursuant to the Agreement, the Company will issue, and Seaside will purchase, 1,500,000 shares of common stock on November 5, 2009 at a price per share of $0.57620, for gross proceeds of $864,300. The price per share is equal to the daily volume weighted average trading price for the ten consecutive trading days immediately preceding the closing date, multiplied by 86%. In addition, the Company will pay Seaside $9,000 in non-accountable expenses. This represents the fourteenth closing under the Agreement.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

5.1                 Opinion of Edwards Angell Palmer & Dodge LLP



23.2              Consent of Edwards Angell Palmer & Dodge LLP (contained in
Exhibit 5.1)

99.1 Press release of Beacon Power Corporation dated November 4, 2009 reporting Beacon's financial results for the quarter and nine month period ended September 30, 2009.


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