According to the lawsuit, defendants made false and/or misleading statements and/or failed to disclose that:
- defendants had materially overstated the likelihood that funds attributed to the U.S. Department of Energy’s Loan would ultimately become available to Plug Power, and/or that Plug Power would ultimately construct the hydrogen production facilities necessary to receive those funds;
- as such, Plug Power was likely to pivot toward more modest projects with less commercial upside; and
- as a result, Plug Power’s public statements were materially false and misleading at all relevant times.
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