The terms of this disclaimer (the “Disclaimer“) apply to the information made available under the button “Substitute Notes” on this website (the “Substitute Notes Documentation“). Please read this Disclaimer carefully. The Substitute Notes Documentation is only accessible upon you agreeing to be bound by the terms and conditions of the Disclaimer. Terms defined on the website have the same meaning when used in this Disclaimer.
The Substitute Notes Documentation is provided on an “as is” and “as available” basis and may be amended or have been amended (all in accordance with its terms). LBT and the Liquidators do not make any representation or warranty that the Substitute Notes Documentation published on this website is the latest or correct version thereof.
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The Substitute Notes Documentation is being made available solely for informational purposes. The availability of the Substitute Notes Documentation on this website does not constitute the offer to sell or buy, or the solicitation of an offer to buy or sell, the Substitute Notes or any other security in any jurisdiction.
Restrictions By agreeing the terms of this Disclaimer, you are deemed to have represented to LBT and the Liquidators that (i) you are acting on behalf of, or you are either (a) an institutional investor outside the United States (as defined in Regulation S under the Securities Act), or (b) in the United States and a “qualified institutional buyer” (“QIB“) or “qualified purchaser” as defined under Section 2(a)(51)(A)(iv) of the United States Investment Company Act of 1940 (the “Investment Company Act“); (ii) if you are in any member state of the European Economic Area (“EEA“) other than the United Kingdom, you are a “qualified investor” within the meaning of Article 2(1)(e) of the Prospectus Directive (Directive 2003/71/EC and amendments thereto, including Directive 2010/73/EU, to the extent implemented in the relevant Member State of the EEA) and any implementing measure in each relevant Member State of the EEA (the “Prospectus Directive“)(“Qualified Investor“) or a person to whom the Substitute Notes Documentation may otherwise lawfully be delivered; (iii) if you are in the United Kingdom you are a person who has professional experience in matters relating to investments and who falls within the definition of investment professionals (as defined in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “Financial Promotion Order“)), or who falls within Article 49(2)(a) to (d) of the Financial Promotion Order, or who is another person to whom the Substitute Notes Documentation may otherwise lawfully be delivered under the Financial Promotion Order (all such persons together being referred to as “relevant persons”); (iv) the securities acquired by you have not been acquired on a non-discretionary basis on behalf of, nor have they been acquired with a view to their offer or resale to, any person in circumstances which may give rise to an offer of any securities to the public other than their offer or resale in any member state of the EEA which has implemented the Prospectus Directive to Qualified Investors; and (v) if you are outside the US, UK and EEA you are a person into whose possession the Substitute Notes Documentation may lawfully be delivered in accordance with the laws of the jurisdiction in which you are located.
Exclusion of liability LBT, the Liquidators and Houthoff, as well as their respective affiliates (including Houthoff London B.V., Houthoff New York B.V. and Houthoff BelgiÃ« B.V.), present or former partners, employees, agents, officers, directors or principals, nor any other adviser, lawyer, accountant, expert, agent, officer or person engaged or hired by any of the aforementioned entities or persons and regardless of whether such engagement has been terminated or is ongoing at any relevant time, shall not be liable for any direct, indirect, special, incidental, consequential, punitive, exemplary or any other damages, including lost profits (even if the Liquidators, LBT or any of the above mentioned parties are advised by any (third) party of the possibility of such damages) arising in any way from or in connection with: (i) the use of, reliance on or inability to access the Substitute Notes Documentation, (ii) the interception, modification or misuse of the Substitute Notes Documentation, or (iii) claims of third parties in connection with the use of, reliance on or inability to access the Substitute Notes Documentation.
Applicable law This Disclaimer shall be governed by and construed in accordance with the laws of The Netherlands. All disputes arising out of or in connection with this Disclaimer shall be submitted to the exclusive jurisdiction of the courts of The Netherlands.
In the event of a discrepancy or difference in interpretation between various language versions of this Disclaimer, the English language version shall prevail.
Amendments LBT and the Liquidators reserve the right, at their discretion, to remove or (if the Substitute Note Documentation is amended in accordance with its terms) to replace the Substitute Notes Documentation, including the terms of this Disclaimer, at any time and without notice. It is recommended that you review the Substitute Notes Documentation, including the terms of this Disclaimer, periodically for changes and updates. I have read and understood the terms of this Disclaimer and agree to be bound by these terms.