ENOC » Topics » TABLE OF CONTENTS

These excerpts taken from the ENOC 10-K filed Mar 28, 2008.

Table of Contents

PART I    
Item 1.   Business   1
Item 1A.   Risk Factors   21
Item 1B.   Unresolved Staff Comments   40
Item 2.   Properties   40
Item 3.   Legal Proceedings   40
Item 4.   Submission of Matters to a Vote of Security Holders   41

Part II

 

 
Item 5.   Market for Registrant's Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities   42
Item 6.   Selected Financial Data   45
Item 7.   Management's Discussion and Analysis of Financial Condition and Results of Operations   46
Item 7A.   Quantitative and Qualitative Disclosures About Market Risk   72
Item 8.   Financial Statements and Supplementary Data   73
Item 9.   Changes in and Disagreements with Accountants on Accounting and Financial Disclosure   73
Item 9A(T).   Controls and Procedures   73
Item 9B.   Other Information   74

PART III

 

 
Item 10.   Directors, Executive Officers and Corporate Governance   74
Item 11.   Executive Compensation   74
Item 12.   Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters   74
Item 13.   Certain Relationships and Related Transactions, and Director Independence   74
Item 14.   Principal Accounting Fees and Services   75

PART IV

 

 
Item 15.   Exhibits, Financial Statement Schedules   75
Signatures   76
Appendix A   Consolidated Financial Statements   F-1
Report of Ernst & Young LLP, Independent Registered Public Accounting Firm   F-2
Exhibit Index    

        This Annual Report on Form 10-K includes forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended, or the Exchange Act, and Section 27A of the Securities Act of 1933, as amended, or the Securities Act. For this purpose, any statements contained herein regarding our strategy, future operations, financial position, future revenues, projected costs, market position, prospects, plans and objectives of management, other than statements of historical facts, are forward-looking statements. The words "anticipates," "believes," "estimates," "expects," "intends," "may," "plans," "projects," "will," "would" and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. We cannot guarantee that we actually will achieve the plans, intentions or expectations expressed or implied in our forward-looking statements. Matters subject to forward-looking statements involve known and unknown risks and uncertainties, including economic, regulatory, competitive and other factors, which may cause actual results, levels of activity, performance or the timing of events to be materially different than those exposed or implied by forward-looking statements. Important factors that could cause or contribute to such differences include the factors set forth under the caption "Risk Factors" in Item 1A of Part I of this Annual Report on Form 10-K. Although we may elect to update forward-looking statements in the future, we specifically disclaim any obligation to do so, even if our estimates change, and readers should not rely on those forward-looking statements as representing our views as of any date subsequent to March 28, 2008.

        Our trademarks include: EnerNOC, Get More from Energy, Energy for Education, Capacity on Demand, PowerTrak, EnerNOC Exchange, Celerity Energy, eNode, ebidenergy.com and ENTREX. We have trademark applications pending that correspond to the following marks: The Greenest kWh is the One Never Used, The Greenest Kilowatt-hour is the One Never Used, The Greenest kW is the One Never Built, The Greenest Kilowatt is the One Never Built, The Cleanest kWh is the One Never Used, One-Click Curtailment, Negawatt Network and CarbonTrak.

        Other trademarks or service marks appearing in this Annual Report on Form 10-K are the property of their respective holders.



PART I

Table of Contents



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PART I  
Item 1. Business 1
Item 1A. Risk Factors 21
Item 1B. Unresolved Staff Comments 40
Item 2. Properties 40
Item 3. Legal Proceedings 40
Item 4. Submission of Matters to a Vote of Security Holders 41

Part II

 


 
Item 5. Market for Registrant's Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities 42
Item 6. Selected Financial Data 45
Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations 46
Item 7A. Quantitative and Qualitative Disclosures About Market Risk 72
Item 8. Financial Statements and Supplementary Data 73
Item 9. Changes in and Disagreements with Accountants on Accounting and Financial Disclosure 73
Item 9A(T). Controls and Procedures 73
Item 9B. Other Information 74

PART III

 


 
Item 10. Directors, Executive Officers and Corporate Governance 74
Item 11. Executive Compensation 74
Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters 74
Item 13. Certain Relationships and Related Transactions, and Director Independence 74
Item 14. Principal Accounting Fees and Services 75

PART IV

 


 
Item 15. Exhibits, Financial Statement Schedules 75
Signatures 76
Appendix A Consolidated Financial Statements F-1
Report of Ernst & Young LLP, Independent Registered Public Accounting Firm F-2
Exhibit Index  








        This
Annual Report on Form 10-K includes forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended, or the
Exchange Act, and Section 27A of the Securities Act of 1933, as amended, or the Securities Act. For this purpose, any statements contained herein regarding our strategy, future operations,
financial position, future revenues, projected costs, market position, prospects, plans and objectives of management, other than statements of historical facts, are forward-looking statements. The
words "anticipates," "believes," "estimates," "expects," "intends," "may," "plans," "projects," "will," "would" and similar expressions are intended to identify forward-looking statements, although
not all forward-looking statements contain these identifying words. We cannot guarantee that we actually will achieve the plans, intentions or expectations expressed or implied in our forward-looking
statements. Matters subject to forward-looking statements involve known and unknown risks and uncertainties, including economic, regulatory, competitive and other factors, which may cause actual
results, levels of activity, performance or the timing of events to be materially different than those exposed or implied by forward-looking statements. Important factors that could cause or
contribute to such differences include the factors set forth under the caption "Risk Factors" in Item 1A of Part I of this Annual Report on Form 10-K. Although we may
elect to update forward-looking statements in the future, we specifically disclaim any obligation to do so, even if our estimates change, and readers should not rely on those forward-looking
statements as representing our views as of any date subsequent to March 28, 2008.



        Our
trademarks include: EnerNOC, Get More from Energy, Energy for Education, Capacity on Demand, PowerTrak, EnerNOC Exchange, Celerity Energy, eNode, ebidenergy.com and ENTREX. We have
trademark applications pending that correspond to the following marks: The Greenest kWh is the One Never Used, The Greenest Kilowatt-hour is the One Never Used, The Greenest kW is the One
Never Built, The Greenest Kilowatt is the One Never Built, The Cleanest kWh is the One Never Used, One-Click Curtailment, Negawatt Network and CarbonTrak.




        Other
trademarks or service marks appearing in this Annual Report on Form 10-K are the property of their respective holders.








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PART I



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