All persons using or accessing this site hereby accept and agree to comply with the terms, conditions and agreements set forth herein. This Notice and these terms, conditions and agreements form a complete agreement between you and Halcyon Capital Management LP (“HCM”) and its affiliates (together with HCM, “Halcyon”). Your use and access of this site constitute your assent to the terms, conditions and agreements set forth herein, in their current form as of the latest date of your access or use of this site; if you do not agree to any such terms, conditions or agreements, you must immediately and forever discontinue any use or access of this site. Please review these terms, conditions and agreements, and please contact Halcyon should you have any questions concerning your obligations.
The information presented here is Halcyon’s proprietary information. Any disclosure, reproduction, distribution or other use without the consent of Halcyon is strictly prohibited. All information on this site remains subject to Halcyon’s rights pursuant to applicable copyright, trademark, patent and other intellectual property laws and regulations. All information remains subject to all relevant copyright laws. Halcyon and the Halcyon logo are registered trademarks of HCM.
Information on the password protected sections of this site is provided to qualified users on a confidential basis subject to such users' representations to and underlying agreements with Halcyon, including, as applicable, subscription agreements for funds managed by Halcyon, and is subject to all conditions, limitations and representations of such agreements, including all obligations to keep nonpublic information confidential, and remains subject to all applicable federal and state securities laws.
Performance data provided on the password protected sections of this site reflect performance, net of all fees and expenses (including accruals for any annual incentive compensation), for a non-restricted investor in the US dollar share class of the applicable Halcyon fund, who is subject to standard fee arrangements, on an investment participating from the beginning of the year. Other than historical year-end data for years prior to 2007, all amounts are unaudited estimates. All preliminary returns are subject to adjustment upon completion of applicable valuation and accounting procedures. All preliminary data is based on Halcyon’s preliminary estimates, and do not take into account certain monthly valuation policies and procedures that are applied to various unquoted or difficult to value positions as well as certain other valuation and accounting procedures. Accordingly, all preliminary results are subject to adjustment, which may be material.
Halcyon makes no expressed or implied representation or warranty, including no warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights, and assumes no responsibility for the accuracy, reliability or completeness of the information on this site. Halcyon shall be under no obligation or responsibility to update or correct any information on this site.
Halcyon disclaims and you release it from all liability, including consequential and punitive damages, arising from your use or accessing of this site or from your reliance upon any information on this site. The illegality, invalidity, or unenforceability of any term or condition hereunder under the law of any jurisdiction shall not affect its legality, validity, or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision. If any portion of any term, condition or agreement hereunder is held to be unenforceable for any reason the parties agree that such term, condition or agreement shall be interpreted to extend only to the maximum extent in all respects as to which it may be enforceable, as determined by the court or arbitrator making such determination and in its reduced form, such term, condition or agreement shall then be enforceable, but such reduced form of term, condition or agreement shall only apply with respect to the operation of such term, condition or agreement in the particular jurisdiction in or for which such adjudication is made. The term, conditions and agreements contained herein each constitute a series of separate terms, conditions and agreements, one for each applicable State, territory or possession of the United States and for the District of Columbia, and one for each applicable foreign country, each of which is distinct and severable. If and to the extent that a court or arbitrator shall be unable as a matter of law to reform or modify any portion of any term or condition as contemplated herein, or in the event a court or arbitrator shall hold unenforceable any of the separate terms, conditions or agreements deemed included herein, then such unenforceable terms, conditions or agreements or covenants shall be deemed eliminated from the provisions herein for the purpose of such proceeding to the extent necessary to permit the remaining separate terms, conditions or agreements to be enforced in such proceeding.
None of the information or materials contained on this site should be construed as providing any type of investment or other advice. This site contains general information on Halcyon. This site is neither an offer to sell nor a solicitation of an offer to purchase interests of any fund or investment product. Offers and sales will be made only pursuant to a confidential private placement memorandum, complete documentation of the relevant investment opportunity and in accordance with the applicable securities laws, and this site is qualified in its entirety by reference to such documentation, including the risk factors and potential conflicts of interest disclosures set forth therein.
Investment Performance and Risks
There can be no guarantee that any investment objective can or will be reached. Halcyon’s investment performance may be volatile. Any investment with Halcyon is speculative and involves a high degree of risk, and an investor could lose all or a substantial amount of its investment. There is no secondary market nor is one expected to develop for investments in products managed by Halcyon. There may be restrictions on transferring investments made with Halcyon. Halcyon may use leverage in connection with its investment programs which may result in greater losses to the investors. Past performance is no indication of future results.
Jurisdiction and Governing Law
Any dispute concerning any matter herein, including the validity, termination, or enforceability of the terms, conditions or agreements herein, shall be governed by and interpreted according to the substantive laws of the state of New York without regard for its choice of law or conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York and the courts of the State of New York located in the County of New York for any such dispute.
Halcyon Event-Driven Management LP and certain of its affiliated managers are SEC-registered investment advisers and maintain their registered office at 477 Madison Avenue, New York, NY 10022. Halcyon Loan Advisors (UK) LLP (“HLAUK”) is authorized and regulated by the UK Financial Conduct Authority (“FCA”) and maintains its registered office at 30 St. James Square, 2nd Floor, London SW1Y 4AL. Halcyon European Asset Management LLP is an appointed representative of HLAUK.
Rule 2.2.3R of the FCA Conduct of Business Sourcebook (“COBS”) requires firms authorized by the FCA to disclose the nature of their commitment to the UK Financial Reporting Council's Stewardship Code (the "Code"), or, where the firm does not commit to the Code, its alternative investment strategy. HLAUK is regulated by the FCA in the UK and is therefore required to make the disclosure under COBS 2.2.3R. HLAUK supports the intended purpose of the code, but does not consider it applicable to its current strategies.