EFTA01366490.pdf

Amendment ::4 Page 61 of 868 Certain of our projects depend on Mirffiparty service providers for construction. operation and maintenance services, and we may not be able to control Met work as effectively as d we or our Sponsor perlormed these functions. Certain of the projects we expect to acquire in the Acquisitions may encounter transition and Integration difficulties In transferring these services to us or our Sponsor. Cur Sponsor contracts with Med-party service providers for cenan fuostory related to theconstruction and opera on of eerier, of our projects agouti:rig these turctofa evolves the nsk that third penes may rot perform to our standards, may rot produce results in a limey many, or may fail to perform at all Although we rove not experienced any sgvhcant diffeebes wen our third-party serve providers, it is possele wet we mild expenerce defames in the Mum. Certain of our protects located in China, Bran, InOa, Sash Africa Costa Rica, Peru and Uruguay Wee third-party service providers for construdon, operator, and maintenance If these third- perry service provers default on thew contractual odigators to is 4 may. 0 cause is to default in our regulatory °teeters. (a) adversely rnpact the ongoing operation of our plants, or lie) temporiser recee our capecty to generate power Caton of our acqured projects may enfant°, dif!cubes in transit:Gong operation and maintenance serves from the existing service provider to us and Ott Sponsor, which may rave a material adverse effect on the busness resuts of our operations and performance. We have a limbed operating history and as a result there is no assurance wo can operate on a profitable basis. We have a relatively new mit C Cf assos irtsjoing several projects that nave ony recent commenced operations, and a limited operating nrstory on which to base on evaluation of our business and prospects Cur prospects must be considered in hat of the risks. expenses and a Mout ie s frequently encountered by companies in their early stages cif operation panics/ay in a repoty evoSing industry such as ours We cannot assure you that we MI be successful in addressing the risks we may encase,. and our failure to do so could have a marina adverse elect on our bifiele4 financial con:Him results of operations arc rash flows We may Moir unexpected expenses if the suppler. of components in our clean energyprojects default in their surranty obligations or our operators default on their operation and maintenance obligations. Tre solar panels inverters, and other system components utilized n our soar energy projects and, in more heed crcurnslances, turbines Wired in our wind energy and hydraeledne Weds are generally covered by mansiacturera warranties. which ty peaty range from five to 20 years In the event any such components far to operate as required, we may be able Ili make a Claim against the applicable warranty to cover al or a pollen d the expense fl eeted with the faulty comisoneril /42W2Ver tree suppers could cease operations and no longer honor the warranties which would leave us lo cover the expense associated with the laity oxnpanere Our operators may default or underperform in performing operation and rreranance services which may resat Si unexpected capital expenditures major repairs and project underpenarrence Our tipsiness, financial condition results of operations and cash flows could be materially adversely affected if we cannot n-eke claims under warranties covering Our Meads The growth event business depends on locating and acquiring interests in attractive clean energy projects in emerging markets from our Sponsor and unafthiated third parties at favorable prices. Additionally, even if we consummate such acquisitions on twins that we believe are favorable, such acquisitions nosy M fact result in• decrease In cash available for cfstributIonper Class A common share. Our primary business strategy s to acquire clean energy projects Wet are operatonal at the time of emus:ton We may also. in limited cirasnstarces. acquire clean energy projects that are ma -mei atsii We intend to pursue opportunities to acqure protects from both our Sponsor and third parties The following factors. among others. could affect the availability of attractive vetoers to grow air busness • convene bids for a project, intltffirg from companies trot may have substantially greater capital and other resources than we do. 53 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-0058018 CONFIDENTIAL SDNY_GM_00204202 EFTA01366490