EFTA01366541.pdf

Amendment #4 Page 112 of 868 &Mr C ctvklencts pursuant 13 our stated cash dwdend pokey. In general, we expect mat 'cash available for distributor,' each quarter wit equal net cash provided try (used in) are operating activates of Gbbel LLC, calculated pursued toGAAP, plus or Moue charges in assets and eateries as reflected on our statements of cash flows. minus depositsirto (or plus withclawalsfrom) restricted cash accounts required by project financing arrangements to the extent they decrease (or increase) cash provided by cperatirg activities, • mnus cash dienbutons pad to non-cordoning interests in our projects, if any. • minus scheduled project-level and otter debt service paymerts and repayments in acoxdancevnth the related borrowing arrangements, to the extent they are paid from operating cash flows during a period. • mina rehearloensknerY capital exPencatures. if any. to the extort they are paid from 0peratirg cash fkowscluring a pent. • pus CaShCcolnbutions from our SPorstor Pursued to the Interest Payment Agreement. • pus operating costs and expenses paid by our Sponsor eurSuara to the Management Services Agreement to the extent such costs or expenses exceed the, fee payable by is pursuant to such agreement NA otherwise reduce our net cash provided by cperatng activities. and • plus or minus operabrg items es necessary to present the cash flows we deem representative of our core business operations, wan the apparel d our aixel committee Limitations on cash dividends and our ability to change our cash dividend policy There is no guarantee test we wdl pay quarterly cash dwrIends to holders of our Class A common stock We do nee have a legal obligation to pay our real charley do:len:tor any deer drvidend Our cash dmdend robe), may be changed at are time and is silapect tocertan resInctons and uncenantes, ncluding the following As the sole managrg member of Global LLC, we and. accordingly, our board of directors vial have are aithority to establish or cause Global LLC to establish cash reserves for woriurg capital needs and Ire prudert conduct of our business, and The establishment of or increase in those reserves could result in a reduction in cash deridends from even we currently anticipate pursuant to our stated cash davdend policy These reserves tray account for the fact that our poled-level cash flows trey vary from year to year based on among other amps, oranges in prices under °Make agreements for energy and other emsonrrertal atwbutes, other preyed contracts, changes n regulated transmisson rates. compact° wAh the terms of non-recourse doled-level frenong, ricluding debt repayment schedules, the transeon to market or reconnected prong (clewing the expiration cd dilate agreements, domestic and ntematorel tax laws arid tax rates. foreign exchange fluctiabons wafture captal requirements and the operatng performance of the assets Furthermore, our board of Medea may increase, or cause Global LLC to increase reserves to account for the seasonably that has historically existed mpg assets' cash flows and the vanances ri the pattern and frequency of disInbubons to us from ot.r assets during the year. Pncr to Global LLC making any cash ds•.ributwm to its members. Global LLC will reintxrse our Spxisor and its ofMetes for certain governmental charges they incur on our behalf pursuant to the Management Services Ageoment Global LLCS amended arid restated operating agreement wit not lime the amount of governmental charges for which our Sponsor and its affiliates may be reinexased The Management Services Agreement will provide that our Sponsor will determine in good fad, the governmental charges that are allocable to us Accordingy. the reimbursement of governmental charges and payment of fees. if any, to our Sponsor and its affiliates will reduce the amount d out cash avartade for chenbuton 104 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-0058069 CONFIDENTIAL SDNY GM_00204253 EFTA01366541