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Terms and Conditions

NOTICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

Trademarks

Napier Park Global Capital, Napier Park Global Capital and Logo Design, are trademarks and service marks of Napier Park and are used and registered throughout the world. The Knot Design is trade dress of Napier Park and is used throughout the world. Napier Park Global Capital (US) LP and Napier Park Global Capital Ltd. ("Napier Park") and their affiliates also claim rights in certain other trademarks and service marks contained in these web pages.

Use of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Napier Park's web sites and systems including but not limited to unauthorized entry into Napier Park's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Napier Park and/or its affiliates. Investment services are not bank deposits or insured by the FDIC or other entity, and are subject to investment risks, including possible loss of principal amount invested.

Links

THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF NAPIER PARK). NAPIER PARK HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, NAPIER PARK DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS NAPIER PARK LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF NAPIER PARK AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE NAPIER PARK SITE.

NO WARRANTY

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". NAPIER PARK DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL NAPIER PARK BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF NAPIER PARK, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Submissions

All information submitted to Napier Park via this site shall be deemed and remain the property of Napier Park and Napier Park shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides to Napier Park through this site. Napier Park shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Napier Park entity having the direct customer relationship or as otherwise specifically agreed or required by law.

AVAILABILITY

THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. BY OFFERING THIS SITE AND INFORMATION, OR ANY PRODUCTS OR SERVICES VIA THIS SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY NAPIER PARK TO ANY PERSON TO USE THIS SITE, OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS SITE AND SUCH INFORMATION, PRODUCTS AND SERVICES IS PROHIBITED BY LAW.

Additional Terms

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern those sections or pages.

Governing Law

Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of New York.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF SERVICE PROVIDERS

DESIGNATED AGENT

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act ("Act"), written notice OF ANY CLAIMED COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF SERVICE PROVIDERS UNDER SECTION 512 OF THE ACT must be submitted to the Designated Agent named below. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF SECTION 512(C)(3) OF COPYRIGHT REVISION ACT, AS AMENDED BY THE DIGITAL MILLENIUM COPYRIGHT ACT.

Service Provider(s): Napier Park and its affiliates.

Designated to Receive Notification of Claimed Infringement:

Name: Legal
Address: Napier Park Global Capital
280 Park Avenue, 3rd Floor
New York, New York 10017
Email:IR@napierparkglobal.com
Fax: 212-235-0700

NOTE: ALTHOUGH NOT REQUIRED, IT IS RECOMMENDED THAT NOTIFICATIONS BE SENT BOTH BY FAX AND BY EMAIL AND THAT ANY EMAIL NOTIFICATION INCLUDE "NOTICE OF ALLEGED SERVICE PROVIDER INFRINGEMENT" IN THE SUBJECT LINE OF THE EMAIL.

This contact information is provided only for the purposes stated above. We cannot respond to OTHER INQUIRIES, SUCH AS REQUESTS to open or service accounts or otherwise conduct business with Napier Park or its affiliates.

Important Information

This site and its content do not constitute an offering and are meant only to provide a broad overview for discussion purposes. All information provided herein is subject to change. If and when an investment opportunity is structured, you must obtain and carefully read the related Offering Memorandum, which will contain the information needed to evaluate the potential investment and provide important disclosures regarding risks, fees and expenses. All information provided herein is qualified in its entirety by the applicable Offering Memorandum and the related subscription agreement.

As further described in the offering documents, an investment in alternative investments is speculative and not suitable for all investors. Investing in alternative investments is only intended for experienced and sophisticated investors who are willing to bear the high economic risks associated with such an investment. Investors should carefully review and consider potential risks before investing. Certain of these risks may include:

  • loss of all or a substantial portion of the investment due to leveraging, short-selling, or other speculative practices;
  • lack of liquidity in that there may be no secondary market for the fund and none is expected to develop;
  • volatility of returns;
  • restrictions on transferring interests in the fund;
  • potential lack of diversification and resulting higher risk due to concentration of trading authority when a single advisor is utilized;
  • absence of information regarding valuations and pricing;
  • complex tax structures and delays in tax reporting;
  • less regulation and higher fees than mutual funds; and
  • advisor risk.

Individual funds will have specific risks related to their investment programs that will vary from fund to fund.

Risk factors are described in more detail in the offering materials, which should be carefully reviewed prior to making a decision to invest. Napier Park, its affiliates, and its employees are not in the business of providing tax or legal advice to any taxpayer outside of Napier Park and its affiliates. These materials and any tax-related statements are not intended or written to be used, and cannot be used or relied upon, by any such taxpayer for the purpose of avoiding tax penalties. Tax-related statements, if any, may have been written in connection with the "promotion or marketing" of the transaction(s) or matter(s) addressed by these materials, to the extent allowed by applicable law. Any such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Past performance does not guarantee future results.

While some information used in this site has been obtained from various published and unpublished sources considered to be reliable, neither Napier Park nor any of its affiliates guarantee its accuracy or completeness and accepts no liability for any direct or consequential losses arising from its use.

All expressions of opinion are as of the date hereof, subject to change without notice, not intended to be a guarantee of future events.

In the United Kingdom and in EU member countries, this document is communicated by Napier Park Global Capital Ltd., 43-45 Portman Square, 4th Floor, London W1H 6LY, which is regulated by the Financial Conduct Authority ("FCA").

Significant Considerations

Napier Park, its affiliates and its employees are not in the business of providing tax or legal advice to any taxpayer outside of, Napier Park and its affiliates. These materials and any tax related statements are not intended or written to be used, and cannot be used or relied upon, by any such taxpayer for the purpose of avoiding tax penalties. Tax-related statements, if any, may have been written in connection with the "promotion or marketing" of the transaction(s) or matter(s) addressed by these materials, to the extent allowed by applicable law. Any such taxpayer should seek advice based on the taxpayer’s particular circumstances from an independent tax advisor.

Past performance is no guarantee of future results. Actual results may vary.

While some information used in this document has been obtained from various published and unpublished sources considered to be reliable, Napier Park does not accept any liability for any direct or consequential losses arising from its use. This information is confidential and may not be duplicated without the consent of Napier Park. A prospective investor receiving this document may use it only for the intended purpose.

All expressions of opinion are as of the date herein and subject to change without notice, not intended to be a guarantee of future events, and may differ from the views of other businesses of Napier Park. Please also refer to the following jurisdictional information.

AIFM Directive: The European Directive on Alternative Investment Fund Managers (the AIFM Directive) has been adopted and has been implemented into the national legislation of certain EU member states. Other member states’ implementation is running behind. Upon implementation, it will have an impact on some or all of the funds which Napier Park manages and/or advises, and their service providers.