EFTA Document EFTA01366503

Amendment #4 Page 74 of 868 ehlr of Colftrel` Negative pudic or community response to the development of power projects in general. or to the call right pa cis specifically, could adversely affect our ability to acquire additional projects and thereby linat our NNW to grow our CAFD. NEcat nee puler or conmLnity response lo power protects ri general or the call right projects spececally could adversely aced our abdity to operate our power generation projects This type of negative response can lead to legat public tensions and otter challenges that impede our Sponsor's and ihrolparly developers' shifty to meet development and constructon targets and Bettie.* commercial operations for projects on wheelie This could lead to an adverse effect on our atilty to acquire add bona/ projects and grow our CAFD. For exansale, some prefects n India are and have been the subject of adminstrative and legal challenges from groups opposed to power projects in general or concerned with peter's' ermronmental, nose, healthor aesttebc impacts, impacts on property values or the rewards of property ownership, or impacts on the natcral beauty of ratite ands and rivers M increase in opposition to requests for permits a successful challenges or appeals to peirMs issued to developers d power generation protects could have a material adverse effect on out aOquettiOn plans In SOW; negative putec °onion of energy protects in particular could adversely a/ feet Ps ability to operateOur projects Amelia concerns often cited by kcal community and otter interest groups are otrecters b the aesthete dfect or noise danpton of plants and wind faints on rural sits near residential areas (eduction of farmland and the possible *solacement or dsrupton of wildlife hie expect this type of opposition to continue as Oct Sponsor and other developers complete projects and CanStruel future projects It is possible Met we may also face resistance nom aborginid communities in connection with any proposed expansion alto sites that may be eutject to land dawns. Opposition to our requests for permits or successful challenges or appeals to prints *sued to us could lead to legal, pudic relators and other drawbacks and costs that impede our ability to meet our growth targets continue operations fora project on schedule and generate revenues We are subject to environmental, haeNh and safely fan and mutations and related compliance expenditures and liabilities Our assets are subect to numerous and sgrelcant rational, provinced, state and local laws. including statutes. regclaton guidelines, polices, directives and other requirements governing or relating to, among other gongs protection of wildlife, including threatened and endangered species and their habitat. air emissions, discharges into water. water use, the storage, handling, use, transportation and distritution of dangerous goods and hazardous. residual and other regdated matenals, such as chemicals the prevention of releases of hazardous rrstenals nto the ermionmere, the prevention, investigation monconrg and remediaton of hazardous materials in soil and groundwater. both on- and off-see, land use and zoning matters; and workers' heath and safety matters Ou tackles could experience incidents, malfunctions and other unplanned everts such as dills of hazardous rrefenals that may result in personal njury. penalties and properly darrepe In adliten, certain enwronmental laws may result in lability, regardless of fat& concerning cortamnabon at a range of properties incite:erg properties curently or Farrell), Owned eased or operated by us and propertes where we disposed of. or arranged for disposal of, waste As such, the operation of cur facades cames an innerert or* of environmental health and safety liabilities (including potential cavil actions, compliance a remediabcn orders fires and other penalties). and may resit, in our invorvemerc from time to lime in admrsstratne and judicial proceedings relatrg to such rralWrs. Vvhile we have implemented environmental, heath and safety management programs designed to colinualhf improve envirehrnental, health and safety perfonnance. we cannot assure you that such Itabdroes as welt as the costs for complying ynth environmental laws and regulators. wit no rave a material adverse effect on Otr business. financial oondition. resuita0f Operations and cash flows 66 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-0058031 CONFIDENTIAL SONY GM_00204215 EFTA01366503