Notice to Professional Investors in the European Economic Area
WHEN MARKETING SHARES IN ANY TERRITORY OF THE EUROPEAN ECONOMIC AREA (OTHER THAN LUXEMBOURG) TO PROFESSIONAL INVESTORS THAT ARE DOMICILED OR HAVE A REGISTERED OFFICE IN THE EUROPEAN ECONOMIC AREA, THE AIFM SHALL USE THE MARKETING PASSPORT MADE AVAILABLE UNDER THE PROVISIONS OF THE AIFM DIRECTIVE. THE SHARES MAY ONLY BE MARKETED PURSUANT TO SUCH PASSPORT TO PROFESSIONAL INVESTORS (AS DEFINED IN THE AIFM DIRECTIVE) IN THOSE TERRITORIES OF THE EUROPEAN ECONOMIC AREA IN RESPECT OF WHICH THE PASSPORT HAS BEEN OBTAINED.
NOTICE TO RECIPIENTS IN SWITZERLAND
THE SHARES OF THE COMPANY SHALL BE DISTRIBUTED IN SWITZERLAND EXCLUSIVELY TO QUALIFIED INVESTORS AS DEFINED BY ARTICLE 10 § 3 OF THE COLLECTIVE INVESTMENT SCHEME ACT 2006, AS AMENDED (“CISA”) AND ARTICLE 6 OF THE COLLECTIVE INVESTMENT SCHEME ORDINANCE 2006, AS AMENDED (“CISO”) (“QUALIFIED INVESTORS”). THE COMPANY HAS NOT BEEN AND WILL NOT BE REGISTERED WITH THE SWISS FINANCIAL MARKET SUPERVISORY AUTHORITY (FINMA).
“Well-Informed Investor“ has the meaning ascribed to it by the 2007 Law, and means:
- institutional investors;
- professional investors, being those investors who are, in accordance with Luxembourg laws and regulations, deemed to have the experience, knowledge and expertise to make their own investment decisions and properly assess the risk they incur; and
- any other well-informed investor who fulfils the following conditions: he has confirmed in writing that he adheres to the status of well-informed investor, and
- he invests a minimum of one hundred and twenty five thousand Euro (€125,000) in the Company; or
he has obtained 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 his/her expertise, his/her experience and his/her knowledge in adequately appraising an investment in the Company;
2007 Law means the Luxembourg law dated 13 February 2007 relating to specialised investment funds, as amended from time to time;[…]