Tax and financial reporting · Tax compliance and changes in tax law
We expect certain financial benefits as a result of tax incentives provided by the IRA. If these expected financial benefits vary significantly from our assumptions, our business, financial condition, and results of operations could be adversely affected. Any changes to the statutes or regulatory guidance regarding Section 45X of the IRC arising, for example, through technical guidance and regulations from the IRS and U.S. Treasury Department, could materially adversely impact our tax expense, financial condition, results of operations, and cash flows.
Industry regulation · Regulatory compliance and changes
Sections 7701(a)(51), 7701(a)(52), 45X(d)(4), 45Y(b)(1)(E) and 48E(b)(6) of the IRC (the 'PFE Restrictions'), enacted into law on July 4, 2025 as part of the OBBBA, bar certain foreign, or foreign-influenced, taxpayers from claiming clean energy tax credits, including the advanced manufacturing production credit under Section 45X of the IRC. New information regarding, or changes in, the IRS' interpretation of the PFE Restrictions could adversely impact our ability to comply with the PFE Restrictions.
Legal and litigation · Product liability and warranty claims
Product liability claims could harm our business and liquidity if we are not able to successfully defend or insure against such claims. We may become subject to product liability claims, even those without merit. We face an inherent risk of exposure to claims in the event our products do not perform as expected, or in the event of a malfunction resulting in personal injury or death.
Legal and litigation · Litigation and legal proceedings
We are, and from time to time may be, involved in commercial or contractual disputes, warranty claims, and other legal proceedings, which could be significant. As described in Item 3. Legal Proceedings, we are responding to a subpoena from the Department of Justice ('DOJ'), a voluntary document request from the U.S. Securities and Exchange Commission ('SEC'), and we are involved in litigation with RWE Investco EPC MGMT, LLC relating to an offtake contract.
Data and privacy · Data protection and privacy laws
We are subject to federal, state or foreign laws and regulations as well as our contractual obligations relating to privacy and data protection, and changes in laws relating to privacy and data protection could disrupt our business. We collect and maintain data, including personal information related to our customers and employees, and we face risks inherent in processing and protecting the security of such data.
Industry regulation · Regulatory compliance and changes
We are subject to substantial regulation under international, U.S. federal and state, European, and applicable local laws, including anti-bribery, export control, and safety, environmental, and sustainability laws. We expect to incur significant costs in complying with these regulations. To the extent the laws change, our products may not comply with applicable international, U.S. federal or state, European, or applicable local laws and such changes could imply the need to materially alter our operations.
Industry regulation · Safety and environmental regulations
We and our partners, suppliers, and customers are subject to numerous environmental laws and regulations governing, among other things, solid and hazardous waste storage, treatment, and disposal; and remediation of releases of hazardous materials. There are significant capital, operating, and other costs associated with compliance with these environmental, permitting, and safety laws and regulations.