ORMAT TECHNOLOGIES Lawsuit

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ORMAT TECHNOLOGIES Lawsuit ( ormat-technologies-lawsuit )

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*** "The results confirm confidence in our growth goals. We secured additional leases and raised approximately $246 million in capital by completing two stock placements and the second leg of our tax monetization transaction. The funding received from these activities provides us with ample capital as we continue to advance our growth strategy," Ms. Bronicki continued. 32. On August 6, 2008, Ormat filed its Quarterly Report with the SEC on Form 10-Q. The Company's Form 10-Q, signed by Defendant Tenne, reaffirmed the Company's financial results announced the previous day. The Company's Form 10-Q also contained Sarbanes-Oxley required certifications, substantially similar to the certifications contained in ¶ 27, supra. Additionally, the Form 10-Q stated, in relevant part: These unaudited condensed consolidated interim financial statements of Ormat Technologies, Inc. and its subsidiaries (the "Company") have been prepared in accordance with accounting principles generally accepted in the United States of America ("U.S. GAAP") and pursuant to the rules and regulations of the Securities and Exchange Commission ("SEC") for interim financial statements. 33. On November 5, 2008, the Company issued a press release entitled "Ormat Technologies, Inc. Reports Third Quarter 2008 Results." Therein, the Company stated, in relevant part: For the three month period ended September 30, 2008, total revenues were $99.7 million, an increase of 25.5% from $79.5 million in the third quarter of 2007, consisting of a 12.1 % increase in revenues from the Electricity Segment and a 71.0% increase in the Products Segment. For the quarter, the Company reported net income of $15.9 million, or $0.35 per share of common stock (basic and diluted), as compared to net income of $15.8 million, or $0.41 per share of common stock (basic and diluted), for the same period a year ago. There were 45.5 million weighted average shares used in the computation of diluted earnings per share in the third quarter of 2008 and 38.3 million weighted average shares for the same quarter in 2007. Despite the significant increase in revenues, net income remained at a level similar to last year's primarily due to two factors: the weakening of the US dollar impacting activity outside the U.S. and non-recurring consulting and legal expenses related to an acquisition which did not materialize. 34. On November 6, 2008, Ormat filed its Quarterly Report with the SEC on Form 11

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