Disclaimer
This information memorandum (the “Memorandum”) has been prepared solely for prospective investors in connection with proposed acquisitions by Nihaven Capital or any of its affiliates (“Nihaven”).
The recipient hereby agrees to keep the Memorandum and the information contained therein (the “Information”) strictly confidential and shall not without the prior written consent of Nihaven make the Memorandum or the Information available to any third party save for its directors, employees or affiliates who are necessarily required to be involved in the appraisal of the investment opportunities presented in the Memorandum provided that such persons shall be bound by the foregoing obligations. Neither the recipient nor any of its directors, employees, affiliates or professional advisers shall make any contact with Nihaven’s directors, employees, affiliates or professional advisers (save for those persons whose contact details are expressly included in the Memorandum) without Nihaven’s prior written consent.
The Memorandum and Information are not and do not purport to be comprehensive in any manner whatsoever. Potential investors should not rely on the Memorandum or Information and shall satisfy themselves as to the accuracy of the Memorandum and the Information on their own merit and accord. Save in the case of willful deceit, fraud or gross negligence, neither Nihaven nor any of its directors, employees or affiliates accept any responsibility to any third party in connection with the Memorandum or the Information.
No person representing Nihaven has any authority to make, imply or give any representation or warranty whatsoever in relation to the Information and the Memorandum. No responsibility or liability is or will be accepted by Nihaven or by any of its directors, employees or affiliates in relation to any inaccuracy or incompleteness of the Memorandum and any liability is hereby expressly disclaimed. In particular, but without prejudice to the generality of the foregoing, no representation, warranty or assurance is given as to the achievement or reasonableness of any future projections, management projections, management estimates or prospects contained in the Memorandum.
The opportunities to which the Memorandum relates is available only to persons falling within one of the categories below and the controlled investment or controlled activity (within the meaning of the Financial Services and Markets Act 2000) to which it relates is available only to such persons:
persons having professional experience in matters relating to investments and as described in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “Financial Promotion Order”); and
high net worth companies, unincorporated associations, partnerships or trusts or their respective directors, officers or employees as described in Article 49(2) of the Financial Promotion Order.
Persons of any other description should not make any use of, rely on or act upon the Memorandum or the Information.
The Memorandum has been sent to prospective investors for information purposes only and upon the express understanding that it does not form the basis of a contract and does not constitute an offer or invitation for the sale or purchase of securities or any of the Nihaven- owned assets described herein.