EFTA Document EFTA01366496

Amendment ::4 Page 67 of 868 Our ability to raise addlbonal capital to fund our operations may be limited. Cur ablity to arrange additional firianceg either al ire corporate level or at a foal-recourse project-level subeiciary, may be limited Additional financing nclucling the oasts of such finanong will be dependent on numerous factors, ncluding • general economic and capita market corchbons • credit availability from banks and o•her anemia! irettutions • investor confdence in us. ou• partners. our Sponsor as our principal stockholder (on a combined voting bass) and manager under the Management Services Agreemere and Ire regional wholesale power markets • or firence I performance and the franca, performance of our sober:mute, • cur level of indebtedness and compliance with covenants in debt agreements maintenance of acceptable project credit ratings or creO1 quality. including maintenance of the legal and tax structure of Ire project-Imre' absidiary upon which the credit ratings may depend. cur cash lions. are • provsons of tax and secunbes laws that rimy impact raising eagle' We may rot be successf In obtanng addrional finanong for these or other reasons Furtheirrore we may be unable to refinance or replace forqectlever Inancing arrangements or other credit facilities on favora bee terms or at all upcn the expiration or termination thereof Our failure. or the failure of an/ of our projects. to obtain additional capta or enter into new of repacement h naming arrangerneres when due may constette a default under such existirg indebtedness and may have a matenal adverse effect on our business. financial conzliti n. results of operations and cash flows Our *Willy to generate revenue horn certain tally energy projects depends on having Interconnection arrangements and servIces. Qo fuue excess will depend in part. on our ability to marten satisfactory interconoectoo agreements If the interconnection or transmission agreernert of an energy project Is ternnated br any reason or is net renewed we may not me able to replace it with an interconnection and transmission arrangement on terms as favorable as the exstng arrangement or at all or we may experience signecart delays or costs related to sealing a replacement if a reheak to whit one a more of the energy projects is connected expenerces 'down time: which may be due to matters not wthn ou control such as substation or ea nsmrsSion network wades, the affected project may lose revenue and be exposed to nonperformance penalties and claims from is CuStemerS bese may inclule claims for damages muffed by cuSt0mers. such as the additional cost of acquiring alternalwe elect noty supply at I ren-curent spot market rates The owners of the network will rot usual,/ compensate ebctnaly generators br lost income due to down time These faCt0rS could materially affect our abuty to forecast operators and negatively affect our bustess results of operator's finance/ condition and cash lbws For most of our projects, wo rely on electric Interconnection and transmission facilities that wo do not own or control and that are subject to transmission constrains. If those facilities fail to provide us with adequate transmission capacity, we may be restricted in our ability fo deliver electric power to our customers and we may incur additional costs or forego revenues For our utility-scale projects we depend on electric transmission facilites owned and operated by others b delwer the power we generate and sell at wholesale to our Way customers A failure or delay in the operation 5 9 http://cfdocs.btogo.com:27638/cf/drv7/pub/edgar/20 15/07/20/0001193125-15-256461/d78... 7/20/2015 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0058024 CONFIDENTIAL SONY GM_00204208 EFTA01366496