Disclaimer
Disclaimers
While OnyxPoint Global Management GP ("OPG") uses reasonable efforts to help ensure that all material on this site is correct, accuracy cannot be guaranteed and OPG makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Any contents at this site are subject to change without notice. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. OPG further assumes no responsibility for, and makes no warranties that functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. OPG shall not be liable for any damages, viruses, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or using this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
OPG does not warrant the accuracy, adequacy or completeness of the information and material contained on the site and expressly disclaims liability for errors or omissions in the material and information.
OPG is not liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the site or any portion thereof, regardless of whether OPG has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.
There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed. Persons who obtain information from this site should inform themselves about and observe any restrictions imposed in the jurisdiction in which the site is accessed.
Material to be Consulted in its Entirety
All materials in this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Linking, Posting and Transmitting
Although OPG provides the information accessible on the site for your personal, non-commercial use, OPG retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of OPG, you MAY NOT do any of the following: (A) hyperlink to the site, whether to its homepage or to an interior page; (B) include information from the site on another site, on a server computer, or in documents; (C) modify or re-use the information from the site; or (D) transmit any commands, codes or information to the site, with the exception of those commands necessary to view the site. OPG reserves all other rights.
Do not transmit to the site or to any OPG personnel, any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications. Do not transmit to the site or to any OPG personnel any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that OPG, or other parties involved in creating, producing, or delivering the site, may monitor or review any transmissions to the site or to OPG personnel, OPG and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
By entering the site you acknowledge and agree that any communication or material you transmit to the site or OPG, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to OPG may be used by OPG, anywhere, anytime and for any reason whatsoever.
Although the site may be linked to other sites upon permission, OPG is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the site you acknowledge and agree that OPG has not reviewed all the sites that may be linked to the site and is not responsible for the content of any off-site pages or any other site linked to the site. You further acknowledge and agree that when you follow links to pages not maintained on the site, you do so at your own risk.
Copyright and Trademark Notice
OPG is the copyright owner for everything on the site or has the permission to use the material on the site. No portion of the site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of OPG, except as provided herein. The compilation of all content on the site is the exclusive property of OPG and is protected by U.S. and international copyright laws. All software used on the site is the property of OPG or its software suppliers and is protected by U.S. and international copyright laws.
By entering the site you acknowledge and agree that each name, logo, trademark (including but not limited to OnyxPoint Global and OPG), or service mark contained on the site is owned or licensed by OPG and may not be used by you without the prior written approval of OPG. OPG will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of OPG or used on the site by OPG with permission. Your use of any such materials is prohibited unless specifically permitted by OPG. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
Restricted Use of Site Materials
OPG grants you a limited license to access and make use of this site. For your personal use only, you may print copies of the information from the site and you may store information from the site on your own computer. You may not modify the site, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by OPG. OPG reserves all other rights.
Limitations on Liability
By entering the site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the site, use or browsing of the site, or through your downloading of any text or images, from the site.
Applicable Law and Jurisdiction
By visiting the site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and OPG. You hereby consent to the jurisdiction of the federal and state courts in New York for the purpose of resolving any dispute in connection with your visit to the site. OPG may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such court.
Password Protected Investor Website
If you have received a password to access information provided to investors in OPG’s investment vehicles (the “Investor Website”), you acknowledge and agree that OPG has granted you limited access to specific information pertaining to certain OPG investment vehicles, and that these Terms and Conditions apply to the Investor Website in addition to any other terms of use, confidentiality agreements, and disclaimers on the Investor Website. You agree not to attempt to access information other than that to which you are entitled as an investor. You agree that you are responsible for all activities that occur in connection with or arising out of the provided password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the Investor Website. You agree to notify OPG immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your password.
The information contained in the password protected Investor Website is confidential and subject to the confidentiality provisions contained in the governing agreements of the entities to which you are a party. The information contained in the Investor Website may not be disseminated to any third party without the express written consent of OPG.
The Investor Website may contain material non-public information regarding the OPG investment vehicles or portfolio companies. It is a violation of United States securities laws for a person to trade securities of an issuer while in possession of material non-public information regarding such issuer or to communicate such material non-public information to any other person.
If you have not received a password to access the Investor Website, you agree not to attempt to access computer files in the Investor Website.
Links To Third-Party Websites
OPG has not reviewed any of the websites that may be linked to the site and is not responsible for their content. OPG is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. OPG’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites. By accessing these links, you acknowledge that such other websites are not under the control of OPG and you agree that OPG shall not be responsible for any information or additional links found at such website, or for your use of such information.
Severability
If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.
Additional Disclosure
This website was prepared for informational purposes only and should not be construed as legal, tax, investment or other advice. It does not constitute an offer to sell, or a solicitation of an offer to buy, any interest in any investment vehicle managed by OPG or any other security. Any such offer will be made only to qualified investors, only by means of a confidential offering memorandum and only in those jurisdictions where permitted by law. Consult your own attorney, business advisor and tax advisor as to legal, business and tax advice.
The information contained herein does not purport to be complete, is qualified in its entirety by the applicable investment vehicle documentation and is subject to change without notice. All investments involve risk, including the loss of principal. Past performance is no guarantee of future results.
In considering the performance information contained herein, prospective investors should bear in mind that past performance is not necessarily indicative of future results and there can be no assurance that any particular returns will be achieved or that OPG will be able to implement its investment strategy or achieve its investment objectives.
Investment performance information for, or including, unrealized investments assumes that such unrealized investments were sold for cash at the indicated unrealized value as of the applicable date. While OPG’s valuations of unrealized investments are based on assumptions that OPG believes are reasonable under the circumstances, the actual realized returns on unrealized investments will depend on, among other factors, future operating results, the value of the assets and market conditions at the time of disposition, any related transaction costs and the timing and manner of sale, all of which may differ from the assumptions on which the valuations used in the prior performance data contained herein are based. Accordingly, the actual realized return on these unrealized investments may differ materially from the returns indicated herein.
Unless otherwise specified, total return is calculated on a net basis and reflects the deduction of management fees, expenses, incentive fees, earned interest, taxes, borrowing costs, transaction costs, and other expenses borne by investors. Total return incorporates the effect of recycling realized gains and losses, coupons and dividends received. No single investor invested in all of the investments included in the performance figures at the same time and in the same proportion as the investors in aggregate, and therefore, no single investor achieved performance figures identical to the performance figures presented herein.
The information in this website contains forecasts, projections, estimates and other forward-looking statements that are based on expectations and assumptions which existed at the time prepared, and may be accompanied by words such as “expects,” “forecasts,” “projects,” “intends,” “anticipates,” “estimates” and analogous expressions. Forward-looking statements are inherently subject to a variety of risks and uncertainties that can cause actual results to differ materially from those projected. Any forward-looking statements speak only as of the date on which they are first made. OPG does not undertake any obligation to update or alter any forward-looking statements whether as a result of changes in circumstances, new information, subsequent events or otherwise.
Further, the projected or targeted returns stated herein are based on an assumption that economic, market, political, operational, legal, tax, regulatory and other conditions will not deteriorate and, in some cases, improve. There are numerous factors, risks, and uncertainties related to the markets in general or the implementation of any specific investment program that cannot be fully accounted for in the preparation of projections, forecasts, and targets, all of which can adversely affect actual investment results. Any projected or targeted returns are therefore subject to a number of important risks, qualifications, limitations, and exceptions. As a result, an investor should not rely on such forward-looking statements in making their investment decisions and undue reliance should not be placed on the forecasts, projections, and target information included herein. No representation or warranty is made as to future performance or such forward-looking statements. None of the projections or targets contained herein were prepared with a view toward public disclosure; and, accordingly, do not necessarily comply with published guidelines of the U.S. Securities and Exchange Commission.
Certain information contained herein, particularly in respect of market data, economic and other forecasts and performance data, including certain financial projections, and product information (including summaries of product performance), has been obtained from published sources and from third parties outside OPG. While each such source and information is believed to be reliable for purposes used herein, no representations are made as to the accuracy or completeness thereof and none of OPG, its representatives and affiliates assumes responsibility for such information. Other events that were not taken into account by the relevant party may occur, and may significantly affect the analysis.
The specific investments identified and described herein do not represent all of the investments purchased, sold or recommended for OPG-managed investment vehicles. It should not be assumed that all investments were or will be profitable. The characteristics of any particular OPG portfolio company, including future portfolio companies, and OPG’ strategy with respect to any such portfolio companies, may differ materially from the portfolio company characteristics and strategies described herein. There can be no assurance that historical trends will continue during the life of any investment.