Bloom Energy Corp

Amendment of Bylaws

On August 7, 2024, the Board of Directors adopted an amendment and restatement of the Company’s Amended and Restated Bylaws (as so amended and restated, the “Amended and Restated Bylaws”), effective as of such date, in order to, among other things: (1) align the Company’s bylaws with developments in Delaware law and jurisprudence; (2) revise the advance notice provisions regarding procedural and disclosure requirements for stockholders’ director nominations and proposals for other business, including to address matters related to Rule 14a-19 under the Exchange Act; (3) revise the indemnification provisions to clarify the basis for directors and officers to obtain indemnification and advancement of expenses; (4) permit special meetings of the Board of Directors to be called on less than 24 hours’ notice, if necessary; and (5) clarify personal jurisdiction and service of process matters for foreign actions. The Amended and Restated Bylaws also implement non-substantive, technical, and conforming changes, including removing obsolete provisions.

The foregoing description does not purport to be complete and is qualified in its entirety by reference to the complete text of the Amended and Restated Bylaws, a copy of which is filed as Exhibit 3.7 to this Quarterly Report on Form 10-Q and incorporated herein by reference.

Rule 10b5-1 Trading Arrangements

During the fiscal quarter ended June 30, 2024, no director or Section 16 officer adopted orterminated any Rule 10b5-1 trading arrangement or non-Rule 10b5-1 trading arrangement (in each case as defined under SEC rules).