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underlying or relating to any plan, projection or statement of future economic performance, as they were not stated to be such assumptions underlying or relating to any projection or statement of future economic performance when made, nor were any of the projections or forecasts made by defendants expressly related to or stated to be dependent on those historic or present tense statements when made. FIRST CLAIM Violation of Section 11 of The Securities Act Against All Defendants 70. Plaintiff repeats and realleges each and every allegation contained above as if fully set forth herein only to the extent, however, that such allegations do not allege fraud, scienter or the intent of defendants to defraud Plaintiff or members of the Class. This count is predicated upon defendants' strict liability for making false and materially misleading statements in the Offering Materials. 71. This claim is asserted by Plaintiff against all defendants by, and on behalf of, persons who acquired shares of the Company's securities pursuant to or traceable to the false Offering Materials issued in connection with the Company's Offering on or about May 9, 2008. 72. The Individual Defendants, as signatories of the Offering Materials, as directors and/or officers of Ormat and controlling persons of the issuer, owed to the holders of the stock obtained through the Offering Materials the duty to make a reasonable and diligent investigation of the statements contained in the Offering Materials at the time they became effective to ensure that such statements were true and correct, and that there was no omission of material facts required to be stated in order to make the statements contained therein not misleading. As such, defendants are liable to the Class. 73. Defendants issued and disseminated, caused to be issued and disseminated, and 26PDF Image | ORMAT TECHNOLOGIES Lawsuit
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