EFTA01366506.pdf

Amendment #4 Page 77 of 868 1ahlr f tomer°, We may be required to take action or restrict operations to mitigate hazards to air navigation andinterference Mtn other air space users. Wridenergy towers and It/tines can interfere with at navigation are solar !addles can generate glare that may have a distracting effect on plots T here is sorre chance that the facilities we expect to acqure told rest* in to:Norse effects on air safety, or Vet we could be ordered to mark our facilities or modify operations to avoid such effects In &Ideal we could incur Inn Of Ferrates in connection wen the failure to properly notify the proper regulatory authornies or ethelWiSe fail to comply wth regulations relating to hazardous to air revigalion Ni addition wind energy facilities can interfere with military radar operations Of teleconynunications if such interference occurs, we may be required to moctry OiS operations to avoid such interference Arty of these events could have a material adverse effect on our business financial con:Mon and results of operations Harming ofprotected spades can result in curtailment of wind project operations. The construction and operation of energy projects can adversely affect endangered threatened or otherwise prcteded anal species Wnd project% in particular, involve a risk that protected species mil be harmed, as the tubule blades travel at a high rate cf speed and may strike flying animals (lards or bats) that happen to travel into the pan of rotating blades While pe-construchon Etudes are conducted to avoid sting wind protects in areas whine protected specs are highly COnCertreled there is often a revel of unavedahle risk that flYrig speces van be hauled by circled operation. Wild energy projects hie Its ones we intend 10 acquire are Ile* to stnke and kit bats and birds, and occasionally sake and MI endangered or protected species As a result we wit impernert applicable industry cpcleines and governinentalty-recornmercied best practices to avoid harm to protected seems such as avoiding structises with perches, avodng guy wres that may loll lards or bets in fight, or aviadirg lighting fret may attract protected species at nght in adafton we will ammo to reduce the attractweness of a site to predatory lards by sae mainterenoe (e g by mowing or removal of animal and bird carcasses) Wore possible we will Wain permits for incidental take of protected species Takrg el protected species even if unentocipated or 1 the species was not known to tie present in the area pr ior to elev./wont of the poyect can result n enforcement actions and requirements to Ifni:tenant megaton stealers, which may MtfudO habitat peservation efforts or Ciftailnleft of operetaans Risks related to our international operations We operate in emerging markets and may expand ow operations Into countries where we currently have no presence. which subjects us to economic. social and political rises end uncertainties. Cu( retell patrolo consols of projects located in China Grail india South Affsta, elcrians, Costa Rica Nicaragua, Peru, Uruguay. Malaysia and Thailand Vo intend to rapidly expend and diversify our intial portfolio by aoquang additional utility-scale and distributed clean generation assets located in other emerging markets in Asia (except Japan). Since and Latin America. and in smile geographies in the Shade East Our operations in emerging markets nvokie a number of risks that are more prevalent than in developed markets Asa result. we are subpct to a nutter of risks and uncertainties associated with operating and expanding internationally and in emerging markets These include, but are not brined to • polecat social and economic instabley, including wars, acts of terrorism, political infest boycotts. tench:iris and other business restnchons. • the macroeoororrxc aerate. rcludrg high rates el Mato.", and levels of energy consungton it the couatnes where we have operations. ea 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-0058034 CONFIDENTIAL SDNY GM_00204218 EFTA01366506