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Item 9B. Other Information. On June 9, 2011, our Board of Directors unanimously approved a second amendment (the ‘‘Second Amendment’’) to the Rights Agreement, dated July 7, 2005, between the Company and Mellon Investor Services LLC (as amended, the ‘‘Rights Agreement’’). The Rights Agreement, as amended, will be submitted for approval by the Company’s stockholders at the 2011 annual meeting of stockholders. The Second Amendment adds an additional ‘‘sunset provision,’’ which provides that the Rights Agreement will expire on the 30th day after the 2014 annual meeting of stockholders unless continuation of the Rights Agreement is approved by the stockholders at that meeting. The Second Amendment also provides for an update to the definition of ‘‘Beneficial Owner’’ to include derivative interests in the calculation of a stockholder’s ownership. In addition, the Second Amendment clarifies the manner in which the exchange provision of the Rights Agreement shall be effected. PART III Item 10. Directors, Executive Officers and Corporate Governance. Directors Information contained under the caption ‘‘Proposal 1: Election of Directors to the Board of Directors’’ included in our proxy statement relating to our 2011 annual meeting of stockholders is incorporated herein by reference. Executive Officers Information contained under the caption ‘‘Executive Officers of the Company’’ included in our proxy statement relating to our 2011 annual meeting of stockholders is incorporated herein by reference. Compliance with Section 16(a) of the Exchange Act Information contained under the caption ‘‘Other Information—Section 16(a) Beneficial Ownership Reporting Compliance’’ included in our proxy statement relating to our 2011 annual meeting of stockholders is incorporated herein by reference. Code of Ethics Information contained under the caption ‘‘Other Information—Code of Business Conduct and Code of Ethics’’ included in our proxy statement relating to our 2011 annual meeting of stockholders is incorporated herein by reference. Stockholder Nominees Information contained under the caption ‘‘Governance of the Company and Practices of the Board of Directors—Director Recommendation and Nomination Process’’ included in our proxy statement relating to our 2011 annual meeting of stockholders is incorporated herein by reference. Audit and Compliance Committee Information contained under the caption ‘‘Governance of the Company and Practices of the Board of Directors—Board Committees—Audit Committee’’ included in our proxy statement relating to our 2011 annual meeting of stockholders is incorporated herein by reference. 53PDF Image | 2011 Annual Report Capstone Turbine Corporation
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