Legal Proceedings.
−Removed: October 29, 2020, a putative class action lawsuit was filed in the Supreme Court of the State of New York by a purported Switchback
−Removed: stockholder in connection with the Business Combination:
−Removed: Switchback Energy Acquisition Corporation, et al.
−Removed: 655800/2020 (Sup.
−Removed: Cnty.) (the “Bulsa Complaint”).
−Removed: Separately, on November 6, 2020, a putative class action
−Removed: lawsuit was filed in the Supreme Court of the State of New York by a different purported Switchback stockholder in connection
−Removed: with the Business Combination:
−Removed: Switchback Energy Acquisition Corporation, et al.
−Removed: 656119/2020 (Sup.
−Removed: Cnty.) (together with the Bulsa Complaint, the “Putative Class Action Complaints”).
−Removed: Additionally, on December
−Removed: 15, 2020, a complaint was filed in the United States District Court for the Southern District of New York by a purported Switchback
−Removed: stockholder in connection with the Business Combination:
−Removed: Switchback Energy Acquisition Corporation, et al.
−Removed: 1:20-cv-10577 (S.D.N.Y.) (the “Federal Complaint”).
−Removed: On December 16, 2020, a separate complaint was filed in the
−Removed: Supreme Court of the State of New York by a purported Switchback stockholder in connection with the Business Combination:
−Removed: Switchback Energy Acquisition Corporation, et al.
−Removed: 657063/2020 (Sup.
−Removed: Cnty.) (together with the Federal
−Removed: Complaint and the Putative Class Action Complaints, the “Complaints”).
−Removed: The Complaints name Switchback and current
−Removed: members of our board of directors as defendants.
−Removed: The Complaints allege, among other things, breach of fiduciary duty claims against
−Removed: our board of directors in connection with the Business Combination.
−Removed: The Complaints also allege that the proxy statement/prospectus/consent
−Removed: solicitation statement related to the Business Combination is materially misleading and/or omits material information concerning
−Removed: the Business Combination, including, with respect to the Federal Complaint, in violation of Sections 14(a) and 20(a) of the Exchange
−Removed: The Complaints generally seek injunctive relief, unspecified damages and awards of attorneys’
−Removed: and experts’
−Removed: among other remedies.
+Added: Information with respect to this item may be found in Note 8, Commitments and Contingencies , in the accompanying notes to the consolidated financial statements included in Part II, Item 8, “Financial Statements and Supplementary Data” of this Annual Report on Form 10-K, under “Legal Proceedings” which is incorporated herein by reference.
Mine Safety Disclosures.
+Added: Not applicable.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.