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ORMAT TECHNOLOGIES Lawsuit

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ORMAT TECHNOLOGIES Lawsuit ( ormat-technologies-lawsuit )

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is predicated upon defendants' strict liability for making false and materially misleading statements in the Offering Materials. 85. The Individual Defendants, by virtue of their positions and specific acts were, at the time of the wrongs alleged herein and as set forth herein, controlling persons of Ormat within the meaning of Section 15 of the Securities Act. The Individual Defendants had the power and influence and exercised the same to cause Ormat to engage in the acts described herein. 86. By virtue of the conduct alleged herein, the Individual Defendants are liable for the aforesaid wrongful conduct and are liable to Plaintiff and the Class for damages suffered. FOURTH CLAIM Violation of Section 10(b) of The Exchange Act and Rule 10b-5 Promulgated Thereunder Against All Defendants 87. Plaintiff repeats and realleges each and every allegation contained above as if fully set forth herein. 88. During the Class Period, defendants carried out a plan, scheme and course of conduct which was intended to and, throughout the Class Period, did: (i) deceive the investing public, including Plaintiff and other Class members, as alleged herein; and (ii) cause Plaintiff and other members of the Class to purchase Ormat securities at artificially inflated prices. In furtherance of this unlawful scheme, plan and course of conduct, defendants, and each of them, took the actions set forth herein. 89. Defendants: (i) employed devices, schemes, and artifices to defraud; (ii) made untrue statements of material fact and/or omitted to state material facts necessary to make the statements not misleading; and (iii) engaged in acts, practices, and a course of business which operated as a fraud and deceit upon the purchasers of the Company's securities in an effort to maintain artificially high market prices for Ormat securities in violation of Section 10(b) of the 29

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