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participating in the preparation of the false the misleading Prospectus. 80. Plaintiff and other members of the Class purchased or otherwise acquired Ormat securities pursuant to and/or traceable to the defective Prospectus. Plaintiff did not know, or in the exercise of reasonable diligence could not have known, of the materially false and misleading statements and omissions in the Prospectus. 81. Class members who have sold their Ormat securities are entitled to rescissory damages. Plaintiff, individually and representatively, hereby offer to tender to defendants those securities which Plaintiff and other Class members continue to own, on behalf of all members of the Class who continue to own such securities, in return for the consideration paid for those securities together with interest thereon. 82. By reason of the conduct alleged herein, Plaintiff and members of the Class who hold Ormat securities purchased in the Offering have the right to rescind and recover the consideration paid for their Ormat securities, and hereby elect to rescind and tender their Ormat securities to the defendants sued herein. 83. This action is brought within three years from the time that the securities upon which this Count is brought were sold to the public, and within one year from the time when Plaintiff discovered or reasonably could have discovered the facts upon which this Count is based. THIRD CLAIM Violation of Section 15 of The Securities Act Against the Individual Defendants 84. 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 the defendants to defraud Plaintiff or members of the Class. This count 28PDF Image | ORMAT TECHNOLOGIES Lawsuit
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