DISCLAIMER

 

  1. Telesto Sub-Fund (“Telesto”), a sub-fund of the specialised investment fund, OAK Constellation Sicav-SIF SCA (the “Fund”), is reserved for “well-informed investors” pursuant to article 2 of the law of 13 February 2007 on specialised investment funds, as amended from time to time (the “SIF law”), i.e. institutional investors, professional investors or any other investors who (a) have stated in writing that they adhere to the status of well-informed investor and who (b) (i) invest a minimum of 125,000 euros in Telesto, or (ii) have been the subject of an assessment made by a credit institution within the meaning of Directive 2006/48/EC, by an investment firm within the meaning of Directive 2004/39/EC or by a management company within the meaning of Directive 2009/65/EC certifying their expertise, their experience and their knowledge to adequately appraise an investment in Telesto. 

  2. The Fund being managed by an authorised alternative investment fund manager subject to the conditions of the law of 12 July 2013 on alternative investment fund managers (the “AIFM Law”), shares of the Fund may be marketed on the basis of the AIFM passport to professional investors that are domiciled or have their registered office in a territory of the EEA other than Grand Duchy of Luxembourg, in accordance with the provision of the SIF Law and the AIFM Law. Shares of the Fund may only be marketed pursuant to such passport to professional investors in those territories of the EEA in respect of which a passport has been obtained.

  3. Neither this website, nor its contents, has been approved by the Luxembourg regulatory authority (Commission de Surveillance du Secteur Financier). Unless otherwise indicated, all figures and diagrams in this document are unaudited and are not guaranteed. Any investment activity to which this document relates, is available to and will only be engaged with persons described in the foregoing paragraph 1. It is a condition of you receiving this document that:- (i) you fall within, and you warrant to the Fund that you fall within, one of the categories of persons described in paragraph 1 above; and (ii) if you fall within category of any other investors, it is a condition of you receiving this document that: (a) you will state in writing that you adhere to the status of well-informed investor; and (b) (i) you will invest a minimum of 125,000 euros in Telesto, or (ii) you have been the subject of an assessment made by a credit institution within the meaning of Directive 2006/48/EC, by an investment firm within the meaning of Directive 2004/39/EC or by a management company within the meaning of Directive 2009/65/EC certifying your expertise, your experience and your knowledge to adequately appraise an investment in Telesto. If you do not fall within any of the above categories, you must not rely on this document and you will not be permitted to invest in Telesto. You must return the document and accompanying documentation to the Fund.

  4. This website is intended for discussion purposes only and does not create any legally binding obligations on the part of the authorised alternative investment fund manager of the Fund or on the part of the general partner of the Fund OAK Constellation Management (“OCM”). Without limitation, this document does not constitute an offer, an invitation to offer or a recommendation to enter into any transaction. Only the relevant subscription documentation provided by OCM constitutes an offer. Such subscription documentation may only be obtained by the investor after a full understanding of the investment memorandum of the Fund and the desired transaction.

  5. The distribution and availability of this product in certain jurisdictions may be restricted by law. The information provided in this website should not be accessed by any person or entity in any jurisdiction or country where, by reason of that person’s nationality, residence or otherwise, the publication or availability of this document is prohibited. Persons having access to this document are required to inform themselves about and observe any relevant restrictions. OCM does not accept any liability whatsoever for any loss howsoever arising from any use of this document or its respective contents or otherwise arising in connection therewith. OCM cannot be held responsible for any damages or losses that occur from transactions and/or services in violation of the relevant rules of the addressee’s home jurisdiction.

  6. Nothing in this website constitutes legal, accounting, tax advice or individually tailored investment advice and OCM recommends the user to seek independent legal, tax, investment and accounting advice prior to acting upon anything contained in this document. The information contained and the opinions expressed by OCM or its affiliates are provided in good faith but without legal responsibility and they are subject to change without notice and without obligation to update once published information. No guarantee or undertaking is offered regarding completeness, reliability or accuracy of the information given. When making an investment decision, you should rely solely on the final documentation relating to the transaction and not the summary contained herein.

  7. This website does neither constitute an investment advice nor a) a recommendation to invest in any financial product, investment structure or instrument, b) tax advice, to enter into any transaction or to participate in any particular trading strategy. Consequently, the information provided in the document will be superseded in its entirety by the investment memorandum of the Fund as well as any other contractual arrangement in its final form entered into for the purpose of an investment in Telesto. Any investment decision should therefore only be based on the final legal documentation, including without being limited to the investment memorandum of the Fund and the annual report. Investors should read and fully understand the investment memorandum of the Fund before making an investment decision. The transactions and products mentioned herein may not be appropriate for all investors and before entering into any transaction you should take steps to ensure that you fully understand the transaction and have made an independent assessment of the appropriateness of the transaction in light of your own objectives and circumstances, including the possible risks and benefits of entering into such transaction. The information contained in this website is based on material we believe to be reliable. Assumptions, estimates and opinions contained in this document constitute our judgment as of the date of the document and are subject to change without notice. Whilst OCM will use every reasonable effort to ensure that the information contained in this document is accurate as at the date of publication of such materials, OCM can no guarantee of the accuracy, suitability or completeness of any such information or the availability be given. Neither OCM nor any other person accepts any liability whatsoever for any loss/damage (direct or consequential) arising from any use of this document or its contents

  8. Telesto seeks to obtain a favourable medium term total return through both capital growth and current income, by implementing a diversified investments strategy that shows profitable cash flows and higher returns that traditional investment in a various asset classes with a transparent and limited downside scenario. Concretely, the underlying investments in Telesto will mainly consist of investments in other investment funds which generally invests in real estate or other type of strategies. Under certain market conditions investors seeking to redeem their holdings may experience restrictions or delays should there be liquidity restrictions within the underlying funds. Any projections are based on a number of assumptions as to market conditions and there can be no guarantee that any projected results will be achieved. Past performance is not a guarantee of future results.

  9. No investment is without risk, individual asset classes carry their own specific risks, including possible loss of principal, and alternative strategies are no exception. In addition to normal market risks, alternative strategies may also carry an enhanced liquidity risk due to their exposure to real assets, which take time to sell and could realise reduced values if needing to be sold quickly. Investors must be aware that Telesto uses leverage to increase potential investment returns and that such leverage may imply specific risks. Investors should always have access to cash and other more liquid assets in their portfolios to provide for personal immediate liquidity needs and accept their alternative asset exposure as being a long-term investment. Furthermore, an investment in a currency other than the investor’s own base currency will be subject to the movement of foreign exchange rates which may cause an additional favourable or unfavourable change in the value of the investment. Other risk factors may be applicable to Telesto and the addressee should consider the investment memorandum of the Fund in its entirety for further details regarding inter alia investment risks associated with Telesto.

  10. Please note that authorised alternative investment fund managers in principle are not covered by Directive 2014/65/EU of 15 May 2014  on markets in financial instruments and its implementing measures (the “MiFID Directive”). Therefore OCM does not warrant or guarantee that the materials and information contained in this document are compliant with the marketing requirements of the MiFID Directive, except where compelled by local laws and regulations.

  11. OCM is committed to prevent Money Laundering and Counter Terrorist Financing in accordance with European and Luxembourg laws and regulations. Accordingly, OCM may request additional information to verify your identity and carry out suitable security checks.

  12. By accepting this disclaimer as set out above, you acknowledge its content as being the mutually agreed terms for you receiving the document.