EFTA Document EFTA01366669

Amendment #4 Page 240 of 868 TA!! v!..cr . an, Legal proceedings Except es set forth below, we are not ofrentti a party to any materiel legal proceedings other than legal proceedings arising in the rxdoary course of ors business In the Mute. we may to party to other various legal peoceedngs. ncluding adrniristratede and regulatory proceedings. arising in the ordinary course of our business Although it not posse* to predict the substance or °tricorn/salon/ of such prOceedinge we do rot have reason to believe such matters, ndvdual/i and in the aggregate. will rove a material adverse effect on our busiest finance' condition or results of operations Cur GUVNL part/do, which isconprsed of the Wan projects SE 2S. Awe, ESP Una and Millenium a subject to pending litigation with the °Maker. GUVNL GUVNL seeks the reduction of lartfs set forth in the respective PPM Ito case was instituted by GUVNL against all of the developers, including is, that cognally sired PPAs with GUVNL We prevailed at the first level and the appeal was dismissed at appellate level, and GUVNL has now appealed to the Supreme Court of Inds. In addrbon. flee of our projects in the GUVNL portfolo Azure. ESP Una and Millenium), are subject to pending legation with GUVNL with respect to certain claims by GUVNL that ewe had been a charge in sharerolider structure of the protects eater the PPAs were executed. GUVNL cb,ms that such violation of the PPA terms entitles it to terminate the PPAs The cases are currently pending in front of the Supreme Court of Inda after Me project companies prevailed at the first level and the appeal was dismissed at the appetate eve' )Ahre we bereve we nave vaso Oft, grub trot will succeed on the meta, the outcome of our legal proceedings *difficult to predict and an adverse judgment coud rave a matenai adverse impact on our resuts of operator* See Risk factors—Rise rated to our international operabons—We are sutler to crams in Ire ordinary course of business' 232 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-0058197 CONFIDENTIAL SDNY GM_00204381 EFTA01366669