The information, tools and materials presented in this Website are provided to you for informational purposes only and are not intended to be, and should not be, used or considered as an offer, recommendation or a solicitation to sell, or an offer, recommendation or solicitation to buy or subscribe to any financial instruments, investment management services or advisory services.
This Website does not intend to provide investment, tax or legal advice. HPS does not represent that any securities, financial instruments, strategies, products or services presented in this Website are suitable or appropriate for all investors. Decisions based on information contained in this Website are your sole responsibility. Prior to the execution of any transaction involving information provided by this Website, you should consult a business advisor, attorney, and/or tax and accounting advisors with respect to the price, suitability, value or other aspects of any security or other investment. Depending on your specific investment objectives and financial position, strategies, products and services discussed in this Website may or may not be suitable for you. It is your responsibility to weigh any decision carefully.
INTERPRETATION OF INFORMATION
Any performance data quoted on this Website represents past performance and is no guarantee of future results. You should understand that performance results will be reduced by investment advisory fees and other expenses which may be incurred in connection with the applicable investment fund or account. All materials contained within this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.
LINKS TO THIRD PARTY SITES
The Website may contain links to sites owned and operated by other parties that are not affiliated with HPS. HPS is not responsible for and has no control over the privacy policies or content of those sites. HPS encourages you to review the privacy policies of those sites prior to providing them with any information. HPS cannot provide any warranty about the accuracy or source of information found on any third party site or the content of any file you might choose to download from such sites.
OWNERSHIP OF CONTENT
The materials on this website are confidential and constitute valuable intellectual property and trade secret rights of HPS, and shall not be used except as expressly permitted herein. All text, images, graphics, sounds and software code (“Content”) on the Website are the property of HPS or its affiliates. Content may only be used for the personal education of visitors to the Website. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without the prior written consent of HPS.
“HPS Investment Partners,” “HPS” and other related marks indicated on this Website may not be used or displayed without the prior written consent of HPS or its affiliates. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.
RESTRICTIONS ON USE
This Website may not be used for any unlawful purpose or in any manner inconsistent with our Policy. This Website may not be used in any manner that could compete with the business of HPS. You agree not to violate, or attempt to violate, the security of this site, including by transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of this Website. You agree that if you or any of your employees or agents are given any digital certificate(s), user name(s), and/or password(s) which may be required to access or use any electronic services (collectively, “Credentials”), (a) you shall take all necessary actions to preserve the confidentiality of such Credentials; (b) you shall restrict access to the Credentials to those persons who are duly authorized to act on your behalf; (c) you shall notify HPS immediately in the event any such Credentials are lost, stolen, or the confidentiality of any such Credentials has been compromised in any way or the authority of any person to act on your behalf has been revoked or limited; and (d) you are responsible for and will be bound by all statements made and instructions, assents and consents communicated under any such Credentials, to the same extent that the same was under your duly signed writing.
DISCLOSURE FOR USERS IN COUNTRIES OUTSIDE OF THE UNITED STATES
HPS makes no representations or warranties that the Website is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
DISCLAIMER OF WARRANTIES
Opinions and/or estimates on the Website reflect a judgment at the original date of publication by HPS and are subject to change without notice. This Website is subject to periodic update and revision. HPS reserves the right, in its sole discretion, without any obligation and without any notice, to change, modify or delete the information, materials and descriptions on this Website and to suspend or deny access to it. HPS may discontinue or change any strategies, product or services described on this Website at any time. Materials should only be considered current as of the date of initial publication, without regard to the date on which you may access the information.
You expressly acknowledge and agree that:
- Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permissible under applicable law, HPS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
- HPS does not warrant or represent that (i) the Website will meet your requirements, (ii) use of the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this Website will be accurate or reliable, (iv) the quality of any information, services or other material obtained by you through this Website will meet your expectations, (v) the servers that make this Website available are free of viruses or other harmful components; or (vi) any errors in the site will be corrected.
- Any material downloaded or otherwise obtained through the use of this Website is downloaded or obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or obtaining of any such material. You (and not HPS or any of its affiliated companies or any of their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction.
- No advice or information, whether oral or written, obtained by you from us or through or from this Website or any of the services available on this Website shall create any warranty not expressly stated in our Policy.
RISKS OF INVESTING IN A FUND
When investing in any fund or account we sponsor or manage (a “Fund”), you are strongly urged to carefully review the risk factors and conflicts of interest disclosures in the offering materials for such Fund and in HPS’s Form ADV. The risks involved in an investment in any Fund, include, but are not limited to, the following:
General/Loss of capital. An investment in a Fund involves a high degree of risk. There can be no assurance that a Fund’s return objectives will be realized and investors in a Fund could lose up to the full amount of their invested capital. A Fund’s fees and expenses may offset a Fund’s profits. Limited liquidity. An investment in a Fund provides limited liquidity since withdrawals may be prohibited or limited and interests may not be freely transferable or redeemable. There is no secondary market for the interests in any Fund. Dependence on manager. HPS has total investment authority over a Fund. Decisions made by HPS may cause a Fund to incur losses or to miss profit opportunities on which it would otherwise have capitalized. Volatility. Investment techniques used in a Fund may include the use of leverage and derivative instruments such as futures, options and short sales, which amplify the possibilities for both profits and losses and may add volatility to a Fund’s performance. Potential conflicts of interest. The payment of a performance based fee to HPS may create an incentive for HPS to cause a Fund to make riskier or more speculative investments than it would in the absence of such incentive. Valuation. The value at which a Fund’s investments can be liquidated may differ, sometimes significantly, from the interim valuations determined by such Fund. Non-U.S. securities. A Fund may invest in non-U.S. securities, which may include exposure to currency fluctuation, reduced access to reliable information, less stringent accounting standards, illiquidity of securities and markets, higher commissions and fees and local economic or political instability. Absence of regulatory oversight. A Fund will not register as an investment company under the U.S. Investment Company Act of 1940 or similar laws or regulations. Accordingly, the provisions of such laws and regulations will not be applicable.
LIMITATION OF LIABILITY
Our Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS WEBSITE OR OUR POLICY.
COMMITMENT TO THE UK STEWARDSHIP CODE
Under Rule 2.2.3R of the FCA's Conduct of Business Sourcebook, each of HPS Investment Partners (UK) LLP and HPS Investment Partners CLO (UK) LLP (collectively, “HPS UK”) is required to disclose the nature of its commitment to the UK Financial Reporting Council's Stewardship Code (the “Code”) or, where it does not commit to the Code, its alternative investment strategy. The Code is a voluntary code and sets out a number of principles relating to engagement by investors with UK equity issuers. Investors that commit to the Code can either comply with it in full or choose not to comply with aspects of the Code, in which case they are required to explain their non-compliance.
HPS UK and its affiliates pursue a number of strategies across various jurisdictions and do not take an activist shareholder approach. While HPS UK generally supports the objectives that underlie the Code, it does not consider the Code appropriate for HPS UK’s investment strategies. If HPS UK’s investment strategies change in such a manner that the provisions of the Code become relevant, HPS UK will amend this disclosure accordingly.