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New words:
affording, Amanda, Amburgey, attract, breached, Bruce, Bush, cancelled, Ch, Chancery, CIC, classified, compel, complaint, constitute, cooperatively, Del, detailed, disposition, dissenting, dissolution, donation, escrow, explanation, expressly, fiduciary, final, finalized, group, hardship, Hartwick, incumbent, inspection, Joshua, Kenneth, LTIP, maturity, mediation, Michael, Mike, misleading, NOV, owed, payout, previously, proxy, ratably, released, relevant, restructuring, situated, stockholder, Stutzman, subsequent, Supplier, Taylor, tender, unallocated, unrecognized, untrue, verified, vest, vested, vesting, withheld, withholding, wrote
Removed:
anniversary, announcement, anticipated, approach, attention, BOKF, certainty, channel, close, comparing, consummate, continuously, desired, develop, developing, disciplined, economically, eliminate, enhance, expiration, extension, formatted, fractional, green, implied, influenced, Inline, Interactive, Label, lien, Linkbase, March, match, meeting, NA, opportunity, Page, par, PM, proposal, protect, pursue, reinstate, remained, replaced, reverse, revised, rounded, Secretary, sense, significantly, slightly, split, strategically, strive, Taxonomy, team, twelve, unanticipated, unchanged, view, XBRL
Financial report summary
?Risks
- We are subject to commodity price risk.
- Our risk management policies and hedging procedures may not mitigate risk as planned, and we may fail to fully or effectively hedge our commodity supply and price risk.
- Our business is dependent on retaining licenses in the markets in which we operate.
- We may have difficulty retaining our existing customers or obtaining a sufficient number of new customers, due to competition and for other reasons.
- Increased collateral requirements in connection with our supply activities may restrict our liquidity.
- Our success depends on key members of our management, the loss of whom could disrupt our business operations.
- A large portion of our current customers are concentrated in a limited number of states, making us vulnerable to customer concentration risks.
- Increases in state renewable portfolio standards or an increase in the cost of renewable energy credit and carbon offsets may adversely impact the price, availability and marketability of our products.
- Our access to marketing channels may be contingent upon the viability of our telemarketing and door-to-door agreements with our vendors.
- Our ability to pay dividends depends on many factors, including the performance of our business, cash flows, RCE counts and the margins we receive, as well as restrictions under our Senior Credit Facility.
- The Class A common stock and Series A Preferred Stock are subordinated to our existing and future debt obligations.
- Numerous factors may affect the trading price of the Class A common stock and Series A Preferred Stock.
- There may not be an active trading market for the Class A common stock or Series A Preferred Stock, which may in turn reduce the market value and your ability to transfer or sell your shares of Class A common stock or Series A Preferred Stock.
- Mr. Maxwell holds a substantial majority of the voting power of our common stock.
- Holders of Series A Preferred Stock have extremely limited voting rights.
- We have engaged in transactions with our affiliates in the past and expect to do so in the future. The terms of such transactions and the resolution of any conflicts that may arise may not always be in our or our stockholders’ best interests.
- Our amended and restated certificate of incorporation and amended and restated bylaws, as well as Delaware law, contain provisions that could discourage acquisition bids or merger proposals, which may adversely affect the market price of our Class A common stock.
- Our amended and restated certificate of incorporation designates the Court of Chancery of the State of Delaware as the sole and exclusive forum for certain types of actions and proceedings that may be initiated by our stockholders, which could limit our stockholders’ ability to obtain a favorable judicial forum for disputes with us or our directors, officers, employees or agents.
- Future sales of our Class A common stock and Series A Preferred Stock in the public market could reduce the price of the Class A common stock and Series A Preferred Stock, and may dilute your ownership in us.
- We have issued preferred stock and may continue to do so, and the terms of such preferred stock could adversely affect the voting power or value of our Class A common stock.
- Our amended and restated certificate of incorporation limits the fiduciary duties of one of our directors and certain of our affiliates and restricts the remedies available to our stockholders for actions taken by Mr. Maxwell or certain of our affiliates that might otherwise constitute breaches of fiduciary duty.
- The Series A Preferred Stock represent perpetual equity interests in us, and investors should not expect us to redeem the Series A Preferred Stock on the date the Series A Preferred Stock becomes redeemable by us or on any particular date afterwards.
- The Series A Preferred Stock is not rated.
- The Change of Control Conversion Right may make it more difficult for a party to acquire us or discourage a party from acquiring us.
- We may not have sufficient earnings and profits in order for dividends on the Series A Preferred Stock to be treated as dividends for U.S. federal income tax purposes.
- You may be subject to tax if we make or fail to make certain adjustments to the conversion rate of the Series A Preferred Stock even though you do not receive a corresponding cash distribution.
- We are a “controlled company” under NASDAQ Global Select Market rules, and as such we are entitled to an exemption from certain corporate governance standards of the NASDAQ Global Select Market, and you may not have the same protections afforded to shareholders of companies that are subject to all of the NASDAQ Global Market corporate governance requirements.