EFTA01366520.pdf

Amendment #4 Page 91 of 868 iiiittlrgt7efernli• • the level of our operaore and general and adrnnstrative expenses, including reimtursemems to our Sponsor for services voided to us in accordarce with the Management Services Agreement • seasonal variations in revenues generated by the business. • do debt service recseemels and other liabilities • fluctuations in our working captal needs. • our ability to borrow fads and access caws rrerkets • fluCtiebOnS in foreign exchange rates. • resindens contained in ors debt agreements (t-cluing our prqed-lever financing. the indenture governing the Senior Notes and. of applicable, our Revolver). and • other business asks affecting our cash levee. As a restit of all these factors. we cannot guarantee that we will have solvent cash generated from operations to pay a specre level of cash &Mends to holders of our Class A common stock Futheimore, holders of ors Class A comnon stock should be aware that the amount of cash available for deplete:in depends pnmanly on our cash flow. and is nc4 solely a function of profitabdrty. which is affected by non cash items We may nos drier expenses or liaislites dome a period that could sigencantly reduce or earnnate our cash available for Ostnbution and in Mn. impair our away to pay dradends to holders or ott Class A common stock dunng the period Because we are a ricking company. our ability to pay dividends on ors Class Acommon stock is limited by restrictions on the abilty of our subsidiaries to pay cent/ends or make ether distributions to us pi-eh/Po-9 tea/mt.:snit under the terms of the agreemems governing peoect.level financing Cur protect-level financing agreements generally Pr Ode &sin b.:lions from the protect crimes prior toCOD and in certain cases. for a period after COO. and thereafter peened clstributicns to us unless cedan specific ccrxItions are met. including the satisfaction of firencel ratios. and, in the case of our Indian protects, the consent of he lender is obtained. Ott Revoker and the irdentue governing the Senor Notes will also restrict as ability to declare and pay deedends tan event of default has occurred and is conbnurg or d the payment of the dividend *aid result in an event of default. Global LLC's CAFD will 'key fluctuate from grader to quarter. in some cases sgnficantry, due to seasonality See 'Management's dscussion and analysis of financial condition and results of operabons—Factors that sunifeenthr affect ott results of operations and tusnan—Seasonality As a result. we may cause Global LLC to reduce the amount of cash it distributes to its members n a particular darter to establish resents to hal castribrAions to its memters n future periods for which the cash distributions we world otherwise receive from Global LLC would otherwise be insufficient to fund cris quarterly den:fend rive fat to cause Global LLC to establish sufficient reserves. we may net be able 10 madam our quarterly dividend with rasped to a defter adrersery affected by seasonality. Finally dividends to holders of our Class A common stock will to paid at the discretion d me board of directors Cur board of directors may decrease the level of or entwely discontinue payment cf duclends For a description of additcnal restrictions and factors that may affect our amity to pay cash divdends, please read 'Cash dmdend poky.' Capitol controls cluedlime our Silty to finale' am acquisition of notewable energy pitfalls andaz ability to repatriate cash. CA3flainjurSictOnS a which projects in or, initial portfolio are coated on in latch we expect to acquire projects in the future impose capital controls that either restrict investment by foreign sources, restrict the 83 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-0058048 CONFIDENTIAL SDNY_GM_00204232 EFTA01366520