By accessing, using or visiting the website (the “Website”) of Monarch Alternative Capital LP (“Monarch”), you hereby accept and agree to comply with these Terms of Use, which constitute a legal agreement between you and Monarch. Monarch may change, suspend or discontinue this Website at any time and may modify these Terms of Use at any time without notice. If you do not accept these Terms of Use, do not use the Website. If you do not agree to these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Website. Your continued use of this Website following any changes to the Terms of Use constitutes acceptance of such changes.
As applicable, “Monarch” comprises Monarch Alternative Capital LP and its wholly-owned subsidiary, Monarch Alternative Capital (Europe) Ltd, which is based overseas; employee count generally includes global employees other than temporary employees and may not include individuals who have (i) notified Monarch, or been notified by Monarch, of a pending separation of employment or (ii) ceased to carry out any significant job duties. Monarch Alternative Capital LP has its primary office in New York City, with several remote offices elsewhere in the United States.
“Partner Tenure” reflects the average tenure of Monarch’s current Managing Principals.
Information regarding the calculation assets under management “AUM” can be provided upon request.
Operating partners are not Monarch employees. Instead, they are independent contractors engaged by Monarch who may also co-invest with Monarch through a joint-venture arrangement. The compensation paid to such operators may include a management fee based on the capital commitments to the relevant investment entity, incentive fees and transaction-based consideration (including promote or carried interest) paid to the management of such vehicle or arrangement or to a co-investor or related party.
The information, tools and material 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 securities, financial instruments, investment management services or advisory services.
This Website does not intend to provide investment, tax or legal advice. Monarch does not represent that the securities, financial instruments, 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, as applicable. Depending on your specific investment objectives and financial position, the investments discussed in this Website may or may not be suitable for you. It is your responsibility to weigh any decision carefully.
The Website may contain links to sites owned and operated by other parties that are not affiliated with Monarch (“Third-Party Websites”). Links to Third-Party Websites are provided solely as a convenience to you. Monarch does not control, and is not responsible for, any Third-Party Websites or their content. If you decide to access any of Third-Party Websites linked to this Website, you do so entirely at your own risk.
The materials on the Website are confidential and constitute valuable intellectual property and trade secret rights of Monarch (unless otherwise indicated) and shall not be used except as expressly permitted by Monarch. All text, images, graphics, sounds and software code (“Content”) on the Website are the property of Monarch or its affiliates. Content may only be used for the personal education of visitors to the Website and it may not be placed in the public domain. 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 Monarch.
Opinions and/or estimates on the Website reflect a judgment at the original date of publication by Monarch and are subject to change without notice. This Website is subject to periodic update and revision. Monarch 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. Monarch may discontinue or change any 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:
This Website may not be used for any unlawful purpose. This Website may not be used in any manner that could compete with the business of Monarch. 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, 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.
Under COBS 2.2.3R of the FCA Handbook, Monarch Alternative Capital (Europe) Ltd (“Monarch”) is required to make a public disclosure in relation to the nature of its commitment to the above code (the “Code”), which was published by the Financial Reporting Council ('FRC') and became effective on 1 January 2020.
Monarch notes that commitment to the Code is voluntary and Monarch does not currently comply with the Code. Instead, Monarch determines each investee company's approach to stewardship on a case by case basis, taking into account the actions that will lead to the most favourable outcome for the value of Monarch's investments.
Should the above change Monarch will review its commitment to the Code at that time and make appropriate disclosure.
Swiss Opted-Out Qualified Investors may initiate mediation proceedings before the following: Ombudsman's Office Terraxis SA, 1, Rue De La Tour De L'ile, 1204 Geneva, Switzerland. Phone: +41 22 732 61 19. Email: jgirod@terraxis.ch