EFTA Document EFTA01366501

Amendment #4 Page 72 of 868 tehisMS,Ordholl adatonal costs be our &stress and may reduce ermined), generation during the time in which we ming the affected projects no compliance which could rave a rretenal adverse effect on Our lousiness, fnancel condition, results of operations cash flows and CAFD Subs:meetly all of Ott assets are also Steed to the rules and regulations apacable to power generators generally it we tail to COMply wth these mandatory rekabdity standards we crud be subsea to sand ons including substantial monetary penalises. increased comp ence oorgations and oscorcecton from the grid Ow Sponsor, and third parties with whom we have entered Into or expect to enter Info call rights agreements, may incur additional costs or delays In completing the construction of certain power generation facilities, which could materially adversely affect ow growth strategy. Cur gowth strategy is dependent to a egnhcant degree on acquiring new dean energy an:sects from out Sponsor and thrd parties. Our Sponsors or such third parties' faikre to complete such reelects in a timely manner. a at all, could have a rretenal adverse effect on our goMh strategy. The constnichon of dean energy facilities waves many nsks incluarg • delays in Waring. or the ratty tor:idea necessary permits and scenes. • delays and increased costs related to the irterconnearm of new power generation facilities to to transmapsion system, • the inabilrty to acquire or maintain land use ard access nghts. • the failure to recent contracted thirdparty services. • a-corruptions to dispatch at our facilities. • supply interruptions, • work stoppages, • labor deputes, • weather interferences, • unforeseen ergreerirg entronmentri, geological and hydrological problems • Lrenoopeted cost overtime a excess of budgeted commences • failure of col-tracts-IQ parties to perform under cortraas ncluding engineenng, procurement and constriction contractors, and • operations and maintenance costs not covered by warranties or that coos following excretion at warrartes Any of these risks could cause a delay n the cornea:on of protects order development which could have a matenal adverse effect on cur crcwth strategy Maintenance. expansion and refurbishment of power generation facilities involve signiactint risks that could result In unplanned power outages or reduced output. r fan ties :my rearm: our rod c upgrading are improvement Arty unexpected OperatiOnal Or rieriental la 'lure, inCluding failure IttatoCatted with oreakdowns are forced outages, and any decreased twatOral Or management perfamance. coati reduce our facilities' generating capacity below expected leveks, thereby reduong our revenues and ieoparding cur abely to pay oviriends to holders d our Class A common stock at 64 http://cfdocs.btogo.com:27638/cf/drv7/pub/edgar/2015/07/20/0001193125-15-256461/d78... 7/20/2015 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0058029 CONFIDENTIAL SONY GM_00204213 EFTA01366501