NO OFFER OR ADVICE
The Website is for informational purposes only and is intended to provide general information regarding Stonepeak’s capabilities for prospective portfolio companies and management teams only. You acknowledge and agree that the Website is not intended to and should not be considered an offer to sell or a solicitation of an offer to purchase interests in any securities, investment product or financial instrument, nor an offer of investment management or advisory services, and should not be relied upon for such purposes. Nothing in the Website should be deemed a recommendation to buy, sell or hold any security or other investment or a recommendation to pursue any investment style or strategy. You further acknowledge and agree that the Website is not intended to and does not constitute an offer or a solicitation of an offer to enter into an investment advisory relationship. Dated Content speaks only as of the date indicated.
This Website does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors. The Website does not intend to and may not be relied on in any manner as legal, tax, investment, accounting or other advice. You are encouraged to consult with your own advisors with respect to your individual circumstances and needs if you would like investment, accounting, tax or legal advice. You agree that Stonepeak will not be liable for any action you take or decision you make in reliance on any Content.
PAST PERFORMANCE; FORWARD-LOOKING STATEMENTS
Nothing contained on the Website constitutes a guarantee, projection or prediction of future events or results. Past performance and past investment activity information is not necessarily indicative of future results. There can be no assurance that Stonepeak will be able to implement its investment strategies and investment approaches or achieve its investment objectives. Trends and historical events do not imply, forecast or predict future events. There can be no assurance that the assumptions made or the beliefs and expectations currently held by Stonepeak will prove correct and actual events and circumstances may vary significantly.
Certain Content may constitute “forward-looking statements,” which reflect our current views with respect to, among other things, the operations and performance of our businesses. Due to various risks and uncertainties, you should not rely on such forward-looking statements, and no representation or warranty is made as to future events or results or such forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement.
Certain Content (including certain forward-looking statements and information) has been obtained from sources other than Stonepeak. In addition, certain information contained herein may have been obtained from companies in which investments have been made by Stonepeak. While such sources are believed to be reliable, none of Stonepeak, any fund, or any of their respective directors, officers, employees, partners, members, shareholders, or their affiliates, or any other person, assumes any responsibility for the accuracy or completeness of such information, and Stonepeak is under no obligation to update or keep current such information. The Website is not intended to, and does not, include all information necessary to make the statements herein not misleading.
OPERATING PARTNERS AND SENIOR ADVISORS
“Operating Partners” and “Senior Advisors” are not employees or affiliates of Stonepeak and are often compensated by Stonepeak, its funds, or its portfolio companies. The nature of the relationship varies considerably; compensation can include retainers and expense reimbursements, such as for travel. Payments to Operating Partners and Senior Advisors are not deemed paid to or received by Stonepeak and do not offset the management fee or any other fee paid to a Stonepeak fund’s investment advisor. From time to time, Stonepeak adds additional Operating Partners and Senior Advisors who were not acting as such, and thus were not named in offering documents, at the time of a fund’s offering.
STATEMENTS ABOUT STONEPEAK AND ITS PORTFOLIO COMPANIES
This Website contains certain statements made about Stonepeak and its portfolio companies by past or present Stonepeak employees, Operating Partners and portfolio company executives. These statements reflect the opinions, views and/or beliefs of such individuals and are intended to be viewed by executives of companies that could become Stonepeak portfolio companies in the future. Other past or present Stonepeak employees and Operating Partners, and other past or present portfolio company executives, may not necessarily share the same opinions, views or beliefs about Stonepeak and its portfolio companies as those expressed in these statements. In addition, other third parties that have relationships with, or knowledge of, such portfolio companies may not necessarily share the same views, beliefs, or opinions about the portfolio companies as those expressed in these statements. Stonepeak makes no representation or warranty as to the accuracy, currentness or completeness of these statements. Moreover, it should not be assumed that the portfolio companies discussed in the “Portfolio Highlights” pages were or will be profitable or that future portfolio companies will be profitable.
Stonepeak, due to its ownership interest in, and/or governance rights over, a portfolio company, is often in a position to influence decisions regarding executive compensation, executive hiring and firing, and other similar matters in relation to that portfolio company. In addition, Operating Partners are often compensated by Stonepeak, its funds or its portfolio companies, which compensation may be in the form of a salary, a bonus, director fees or equity-based compensation and other rights and economic benefits.
Such relationships give rise to potential conflicts of interest on the part of portfolio company executives and Operating Partners who make statements about Stonepeak. For example, a portfolio company executive may have an incentive to make a positive statement about Stonepeak in order to influence Stonepeak with respect to decisions Stonepeak may make in regards to the portfolio company that may benefit the executive (e.g., decisions relating to executive compensation). Similarly, an operating partner may have an incentive to make a positive statement about Stonepeak in order to influence Stonepeak with respect to decisions Stonepeak may make in regards to any compensation arrangements that it, its funds and its portfolio companies have with the Operating Partner. Moreover, both portfolio company executives and Operating Partners may have an incentive to make a positive statement about Stonepeak in order to influence Stonepeak to grant the executive or Operating Partner preferential terms with respect to any personal investment that he or she has made, or may in the future make, in a Stonepeak-managed vehicle.
REFERENCES TO “IMPACT”
References to “impact” are not a financial performance metric, are often subjective and may change over time, and are not intended to be an indication of investment return, but are intended to measure potential or actual positive social or environmental impact of an investment. Stonepeak’s assessment of “impact” is informed by third-party standards, guidelines and metrics as Stonepeak deems relevant from time to time. Certain reported impacts expected to be provided by third parties may be estimates that have not been verified by a third party and are not necessarily reported according to any particular established standards or protocols, and therefore Stonepeak does not guarantee the accuracy, adequacy or completeness of such information. There may be certain investment scenarios in which Stonepeak modifies its impact measurement methodology with respect to an investment. There may also be other metrics relevant to assessing “impact” that are not considered by Stonepeak.
LIMITATION OF LIABILITY; DISCLAIMERS; INDEMNITY
Stonepeak, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, agents and representatives (“Related Parties”) assume no responsibility for, and make no representations or warranties, and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Website, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery, that functions contained at the Website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses, bugs or other harmful components. The Website is provided on “as is” and “as available” basis.
OWNERSHIP; RESTRICTIONS ON USE
All Content, such as graphics, logos, articles and other materials, is the property of Stonepeak or others and is protected by copyright and other laws. All trademarks and logos displayed on the Website are the property of their respective owners, who may or may not be affiliated with Stonepeak. Except as otherwise provided herein, anything transmitted to the Website by you will be deemed non-confidential as between you and us, and Stonepeak will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.
Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content or trademark displayed on this Website without the written permission of Stonepeak or such other third party that may own the Content or trademark displayed on this Website. If you link other websites to this Website, you may not imply or suggest that Stonepeak has endorsed or is affiliated with such websites and you may not display this Website as “framed” within another website. Stonepeak reserves all rights with respect to ownership of all Content on this Website, including all intellectual property rights therein, and will enforce such rights to the full extent of the law.
The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction, country or territory where such distribution or use would be contrary to law or regulation or which would subject Stonepeak to any registration or other requirement within such jurisdiction, country or territory. Visitors who choose to access this Website 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 and use. Access to the Website is prohibited where such access or use violates applicable laws and regulations.
Stonepeak is not responsible to any visitor to this Website for providing protections that would be afforded to clients or for advising any such person on any transaction or investment. None of the contents of this Website should be construed as investment, legal or tax advice. To the extent that any of the contents of this Website amounts to an invitation or inducement to engage in investment activity, the promotion of such content is restricted under the Financial Services and Markets Act 2000. For such purposes, Stonepeak is an unauthorized person. The communication of information on this Website is directed only at and made only to persons who are professional investors who fall within the following categories of persons under the Financial Services and Markets Act (Financial Promotion) Order 2005, as amended (the “Order”): (a) persons having professional experience relating to private equity investments and are ‘investment professionals’ as defined in article 19(5) of the Order; and (b) high net worth undertakings (broadly companies with GBP 5 million or more called up share capital or net assets and trustees of trusts with GBP 10 million or more gross assets) as defined in article 49 of the Order. Any investment activity or related transaction is only available to such investors and will only be entered into with such investors. No other person should rely or act upon the content of the Website.
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