EFTA Document EFTA01366531

Amendment iiht Page 102 of 868 Cautionary statement concerning forward-looking statements its other than statements of historical fact included n .h are based on forecasts of futile feuds and estimates of arroprts not. yet delenndobe These statements aiso relate to ou• lilac prospects developrrents arid Ci...44-ess strategies These forwarddoolorg statements are Cent ted by the use Of !VMS and phrases such as 'anbocote,• breve "could; 'estimate.' "expect,"intend -"may,' 'plan "precact"pmect: target "wan and similar terms and phrases. inducing references la assumptons however. these wads are not the eXCILANe means of denttying such statements These statements are contained in many sectors et Ms prospectus inciudrg those entitled 'gunnery • 'Cash dmdend coley "Managements discussion HMI analysis of finance I CCCOlon and results of operations- arc ' Although we believe that our plans intentions and expectations reflected in or suggested by such forward -looking statements are reasonable we cannot assure you ire( we will scene.* those pare, intentions or expectations All lorwaralockirg statements are suttect to risks and utensil es that may cause actual results to defer rnaterely from those that we elected The following factors, among others. could cause our actual mulls. performence or achievements to differ from those set forth in the roma rdbolorg statements • the willingness of corterpanes to our °Make agreements and a b Ity to fulfill their obligatons under such agreements • delays or unexpected developments in connection with the completion of the Pending Acqusitons. • Plot fluctuations termination provsons and buyout provisions related to Our &flake agreements. • Oct ability to enter into contracts to sell cower on accestatte terms as our onto ke agreements expire • our ability to successfully identify evaluate and consummate acqusions • government reoutal on mixing complence with regulatory and permit requirements and changes n market rules, rates tariffs and erwrormental laws, • operating and financial restnclons paced on us and our subsidranes related to agreements governing our indebtedness and other agreements of certain of our subsidiaries and project-tele subsidiaries generaly and in the agreement governing our Revolver and the wider/we govern ng the Senor Notes • our ability to borrow additional funds arid access capital markets as well as our substantial indebtedness are the possibility trot we may ih•CUI aerationsl indebtedness gong forward, • changes in foreign withholding taxes and foregn o.rrency conversion rates. • Cut ability tO COMpele ageing COneent Oral and other leneeditie energy COMOrinieS, • reaardS cogiCOSIfy to Ite power production industry and power generation operatons such as unusual Weather COnditiOnS, CataStfOphiC weather. related or Oder damage to facilities, unscheduled generation cutouts maintenance or repairs. interconnection problems or other devetopments, ennfonmertal incidents. a electric transmission constraints and the possibl ty that we may not have adequate insurance to cover losses as a result of such hatifdS. • delays a UMM petted Carts during the completion of construction of or projects. • Oct ability to expand into new business segments on new geographes. 94 http://cfdocs.btogo. corn :27638/cf/dna/pub/edgar/2015/07/20/0001193 I 25-15-256461/d78... 7/20/2015 CONFIDENTIAL - PURSUANT TO FED. R. GRIM. P. 6(e) DB-SDNY-0058059 CONFIDENTIAL SDNY_GM_00204243 EFTA01366531