The Shenkman Group entities and Sponsored Funds identified in the table below are considered to be data controllers in respect of any personal data we hold about you for the purposes of certain privacy and data protection laws that apply in jurisdictions where we operate (collectively, the “Data Protection Laws”):
Effective Date: January 2023
Last Updated: October 2024
This notice (this “Privacy Notice”) is provided by the Shenkman Group, (as defined below), as well as mutual funds, private funds (single investor or commingled), and Collateralized Loan Obligations (“CLOs”), managed by the Shenkman Group (each, a “Sponsored Fund” and, collectively “Sponsored Funds”). This Privacy Notice sets forth our policies for the collection, use, storage, sharing, disclosure (collectively, “processing”) and protection of personal data relating to current, prospective and former clients and investors in Sponsored Funds, as applicable.
References to “you,” “your,” “investor,” or “client” in this Privacy Notice mean any investor in a Sponsored Fund or client of the Shenkman Group, as applicable. References to, “we,” “us,” or “our” in this Privacy Notice mean a Sponsored Fund or the Shenkman Group, as applicable
The Shenkman Group includes Shenkman Capital Management, Inc., Shenkman Capital Management Ltd, Romark Credit Advisors LP, Romark CLO Advisors LLC, and their affiliates. Capitalized terms used but not defined herein have the meanings assigned to them in the Form ADV Part 2A of Shenkman Capital Management, Inc., or of Romark Credit Advisors LP, as applicable, each of which may be supplemented, updated or modified from time-to-time.
Certain Shenkman Group entities and Sponsored Funds are considered to be data controllers in respect of any personal data we hold about you for the purposes of certain privacy and data protection laws that apply in jurisdictions where we operate (collectively, the “Data Protection Laws”), please visit https://www.shenkmancapital.com/datacontrollers for a comprehensive list. This means that each of the Sponsored Funds and the Shenkman Group (alone or jointly, as applicable) determines the purposes and the means of the processing of your personal data.
Please note that certain service providers (collectively, the “Service Providers”) of the Shenkman Group and/or Sponsored Fund including, without limitation, administrators, transfer agents, legal advisers, depositaries, distributors, prime brokers, and custodians work under a range of professional and legal obligations that require them to process personal data (e.g., anti-money laundering legislation). In order to meet the requirements of such obligations, such Service Providers, from time-to-time, would not be acting on our instructions but instead in accordance with their own respective professional or legal obligations and, therefore, would be acting as data controllers in their own right with respect to such processing. For more specific information or requests in relation to the processing of personal data by such Service Providers, you may also contact the relevant Service Provider directly, and we can provide relevant contact information upon request. With respect to Sponsored Funds, Service Provider contact information may be found in the prospectus or confidential private placement memorandum of the applicable Sponsored Fund.
The categories of personal data we may collect include, but are not limited to: names; residential or business addresses, or other contact details; signature; nationality; tax identification, passport, or social security number or similar identification number; date of birth; place of birth; country of incorporation or domicile; jurisdiction of tax residence(s) photographs; copies of identification documents; bank account details; information about assets or net worth; credit history; information on investment activities; financial information, for example, interest, dividends, income from certain insurance contracts or products and other income generated with respect to assets held in the account or payments made with respect to the account; account balances; proceeds from the sale or redemption of property paid or credited to the account; or other personal data, such as certain special categories of personal data as specified under the applicable Data Protection Laws (including, where relevant, information on political affiliations, health, racial or ethnic origin, religious or philosophical beliefs, or criminal convictions), together with any other information required by applicable law or regulation, or otherwise volunteered to us.
We may collect personal data about you through: (i) information provided directly to us by you, or another person on your behalf; (ii) information that we obtain in relation to any transactions between you and us; (iii) your use of our website; (iv) recording and monitoring of telephone conversations with you, to the extent relevant or permissible under applicable law; and (v) instances when you choose to submit information to us through email, an online form, or other method.
If you interact with us on social media, we may collect your social media profile information, your communications with us, and your posts on our social media pages.
We also may receive your personal data from third parties or other sources, such as, but not limited to, our affiliates, the Service Providers, publicly accessible databases or registers, tax authorities, governmental and non-governmental agencies and supervisory authorities, credit agencies, background search providers, fraud prevention and detection agencies, or other publicly accessible sources, such as the internet.
We may process your personal data in the course of our business tasks, including, without limitation, in connection with:
We will use one of the permitted grounds under the applicable Data Protection Laws to process your personal data. Such grounds include, for example, circumstances where:
We may combine information that we have collected offline with information we collect online. We combine information that we have collected across other third party sites. We combine information across devices, such as computers and mobile devices. We may also combine information we get from a third party with information we already have.
Where personal data is required to satisfy a statutory or regulatory obligation (including compliance with applicable anti-money laundering or sanctions requirements) or a contractual requirement, failure to provide such information may result in our advisory agreement with you, or, as applicable, yoursubscription in the applicable Sponsored Fund being rejected or terminated, and/or your interests in a Sponsored Fund becoming subject to compulsory redemption or withdrawal, as applicable. Where there is suspicion of unlawful activity, failure to provide personal data may result in the submission of a report to the relevant law enforcement agency or supervisory authority.
We may disclose certain personal data about you to our affiliates, Service Providers or other third parties to onboard you as an advisory client, or in the case of Sponsored Fund investors, to accept your subscription, administer and maintain your account(s), or otherwise perform our contractual obligations and operate our business. We may also need to disclose your personal data: (i) with courts, ombudsmen, regulatory, tax, law enforcement, or other non-governmental regulators and/or authorities to comply with applicable legal or regulatory requirements; (ii) to respond to court orders, or in the context of regulatory requests for information, administrative proceedings, or investigations; or (iii) to investigate possible crime, such as fraud or identity theft; or (iv) when we believe in good faith that disclosure is legally required or we or a Sponsored Fund have a legitimate interestinmaking a disclosure, such as where necessary to protect our or a Sponsored Fund’s rights and property. We will also release information about you if you direct us to do so.
It may also be necessary, under anti-money laundering and similar laws, to disclose personal data about you to facilitate the establishment of trading relationships for your accounts, or in the case of Sponsored Fund investors, accounts of the Sponsored Funds, with prime brokers, custodians, executing brokers or other trading counterparties.
Wemay also disclose personal data about you, or yourtransactions and experiences with us, to our affiliates or Service Providers for our everyday business purposes, such as administration of our business, record- keeping, maintaining security of our information technology systems, reporting and monitoring of our activities, investor relations activities, and compliance with applicable legal and regulatory requirements1.
We may also disclose personal data about you to any third party that acquires, or is interested in acquiring, all or part of our assets or ownership interests, or that succeeds us in carrying on all or a part of our or its business, whether by merger, acquisition, reorganization or otherwise.
Our Site may contain hyperlinks to websites operated by third parties, which may include social media features, such as social media buttons or links. We provide such hyperlinks for your reference and convenience only. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites. It is up to you to read and fully understand their privacy policies. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Our Site and the services provided by the Shenkman Group are not intended for use by children and we do not knowingly collect personal data from children under the age of 13. If we learn that a child under the age of 13 has submitted personal information online without parental consent, we will take all reasonable measures to delete such information from our databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). If you become aware of any personal data we have collected from children under 13, please contact us at DataProtection@shenkmancapital.com.
We take standard security measures in accordance with applicable Data Protection Laws.
We will retain personal data for a minimum period of six years from the date on which you redeem all of your shares or unitsin the relevant Sponsored Fund(s) or you close your account with the Shenkman Group, or for as long as required for us to perform the services or comply with applicable legal or regulatory obligations. We may retain personal data for a longer period for the purpose of marketing our products and services or compliance with applicable law. From time-to-time, we will review the purpose for which personal data has been collected and decide whether to retain it or to delete if it no longerserves any purpose to us.
We may record and monitor telephone conversations and electronic communications with you for the purposes of: (i) ascertaining the details of instructions given, the terms on which any transaction was executed or any other relevant circumstances; (ii) ensuring compliance with our regulatory obligations; and/or (iii) detecting and preventing the commission of financial crime.
For purposes of U.S. federal law, this Privacy Notice applies to current and former clients and investors who are individuals or Individual Retirement Accounts. We are providing this additional information under U.S. federal law
We may disclose information about our clients, investors, prospective investors or former investors to affiliates (i.e., financial and non-financial companies related by common ownership or control) or non- affiliates (i.e., financial or non-financial companies not related by common ownership or control) for our everyday business purposes, such as to process your transactions, maintain your account(s) or respond to court orders and legal investigations. Thus, it may be necessary or appropriate, under anti-money laundering and similar laws, to disclose information about our clients or Sponsored Fund investors in order to accept subscriptions from them. We will also release information about you if you direct us to do so.
We may share your information with our affiliates for direct marketing purposes, such as offers of products and services to you by us or our affiliates. You may prevent this type of sharing by contacting us at DataProtection@shenkmancapital.com. If you are a new client or investor in a Sponsored Fund, we can begin sharing your information with our affiliates for direct marketing purposes 30 days from the date we sent this Privacy Notice. When you are no longer our client or an investor in a Sponsored Fund, we may continue to share your information with our affiliates for such purposes.
You may contact us at any time to limit our sharing of your personal data at DataProtection@shenkmancapital.com. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account. U.S. state laws may give you additional rights to limit sharing
We do not share your information with non-affiliates for them to market their own services to you. We may disclose information you provide to us to companies that perform marketing services on our behalf, such as any placement agent retained by a Sponsored Fund, or a client solicitor.
With respect to investors in Sponsored Funds organized under the laws of the Cayman Islands, the applicable Sponsored Fund may share your personal data with its Services Providers, including the Shenkman Group, as well as the Sponsored Fund’s administrators, transfer agents, depositories, distributors, custodians, prime brokers, or others who are located outside the Cayman Islands. It may also be necessary to share your information with the Cayman Islands Monetary Authority or the Tax Information Authority, which may, in turn, exchange this information with foreign tax authorities, regulatory or law enforcement agencies. By submitting your personal data to us, you consent to the transfer of your personal data to Shenkman and the other recipients described in this notice that are located in countries outside of the Cayman Islands. Any transfer of your personal data by us, our affiliates or Service Providers outside the Cayman Islands will be carried out in accordance with the DPA. Investors may withdraw their consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You may have certain rights under the DPA, including: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification; (iv) the right to stop or restrict processing; (v) the right to stop direct marketing; (vi) rights in relation to automated decision making; (vii) the right to seek compensation; and (viii) the right to complain to the supervisory authority. If you wish to exercise these rights, please contact DataProtection@shenkmancapital.com. A complaint in respect of a Sponsored Fund organized under the laws of the Cayman Islands may be lodged with the Office of the Ombudsman in the Cayman Islands, although, we ask that you contact DataProtection@shenkmancapital.com in the first instance to give us the opportunity to address any concerns you may have.
You may have certain rights under the EU General Data Protection Regulation (“GDPR”) and equivalent legislation adopted in the United Kingdom including the UK General Data Protection Regulation (“UK GDPR”) as well as in Switzerland, to the extent the Swiss Federal Act on Data Protection (“FADP”) is applicable, in relation to our processing of your personal data and any processing carried out on your behalf. These include rights to:
If we have relied upon your consent to process your personal data for a particular purpose, you have the right to withdraw your consent.
Please contact DataProtection@shenkmancapital.com if you wish to exercise these rights.
You also have the right to lodge a complaint about the processing of your personal data with the competent data protection supervisory authority. A complaint in respect of the Shenkman Capital Management Ltd may be lodged with the Information Commissioner’s Office in the United Kingdom. To the extent that FADP is
applicable, a complaint with respect to the Shenkman Group may be lodged with the Federal Data Protection and Information Commissioner in Switzerland. Nonetheless, we ask that you contact DataProtection@shenkmancapital.com in the first instance to give us the opportunity to address any concerns you may have.
Due to the international nature of our business, your personal data may be transferred to jurisdictions that do not offer equivalent protection to personal data as in the European Economic Area, the United Kingdom or Switzerland (“Third Countries”). If you live outside of the United States and choose to use Shenkman’s website, you understand that it is at your own risk. You also understand that your information will be sent to the United States. Where we transfer personal data outside of the United Kingdom, the European Economic Area and Switzerland, we will use adequate safeguards, such as standard contractual clauses. In addition to the information provided in this paragraph, FADP requires us to inform you about the countries to where Swiss personal data may be transferred to, or where Swiss personal data may be accessed from. We may transfer Swiss personal data to countries, or may access Swiss personal data from countries, such as the UK, the United States, Ireland and the Cayman Islands. As explained above, we take specific security measures in accordance with applicable Data Protection Laws and have standard contractual clauses or any other relevant tool or mechanism in place as appropriate under FADP to provide an adequate level of protection.
The Shenkman Group has entered into standard contractual clauses (“Model Contracts”) for intra-group transfers of personal data. Investors have a right to request copies of the Model Contracts by contacting DataProtection@shenkmancapital.com. We may also be required to transfer your personal data to our regulators or government agencies in Third Countries in cases where such transfers are necessary in the context of administrative proceedings, such as requests for information, examinations or investigations, or to other relevant parties in Third Countries where it is necessary for the purposes of establishing, bringing, or defending legal claims, or for another legitimate business purpose, such as compliance with our legal or regulatory obligations under foreign law.
If you are a California resident, California law may provide you with additional rights regarding our collection and use of your personal information. To learn more about your privacy rights, please see the California Consumer Privacy Notice as an addendum to this Privacy Notice below.
The Shenkman Group evaluates its privacy policies and procedures to implement improvements and refinements from time-to-time. The Shenkman Group reserves the right to amend the terms contained herein in whole or in part for any reason. We therefore suggest that you review this Privacy Notice periodically, which is available at https://www.shenkmancapital.com/privacy_notice.
Please contact our Chief Compliance Officer at DataProtection@shenkmancapital.com, at (212) 867-9090, or by writing to the following address, Shenkman Capital Management, Inc., 151 W. 42nd Street, New York, NY 10036 with any questions about this Privacy Notice or requests with regards to the personal data we hold.
If you are located in the UK, our representative in the UK is:
Shenkman Capital Management Ltd
49 St James’ Street
London SW1A 1JT United Kingdom
Elisebeth.Slater@shenkmancapital.com
1 Please refer to the Privacy Statement of London Stock Exchange Group, a due diligence Service Provider of the Shenkman Group, located here: https://www.lseg.com/en/policies/privacy-statement
This notice (the “CaliforniaConsumer Privacy Notice”)is provided by the Shenkman Group of Companies, and their affiliates (collectively the “Shenkman Group”), as well as mutual funds, private funds (single investor or commingled), and Collateralized Loan Obligations (“CLOs”) managed by the Shenkman Group (each, a “Sponsored Fund” and, collectively “Sponsored Funds”).
This California Consumer Privacy Notice contains disclosures required by the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”) and only applies to California residents. This California Consumer Privacy Notice applies to the collection or other use of “personal information” that is subject to the CCPA and does not apply to certain personal information, such as information subject to the Gramm-Leach- Bliley Act 1999 (Reg S-P) or the Fair Credit Reporting Act.
References to “you,” “your,” “investor,” or “client” in this California Consumer Privacy Notice mean any resident of California. References to, “we”, “us”, or “our” in this California Consumer Privacy Notice mean a Sponsored Fund or the Shenkman Group, as applicable. The Shenkman Group includes Shenkman Capital Management, Inc., Shenkman Capital Management Ltd, Romark Credit Advisors LP, Romark CLO Advisors LLC, and their affiliates. Capitalized terms used but not defined herein have the meanings assigned to them in the Form ADV Part 2A of Shenkman Capital Management, Inc., or of Romark Credit Advisors LP, as applicable, each of which may be supplemented, updated or modified from time-to-time.
In the past 12 months, we may have collected, without limitation, the following categories of personal information about you:
We do not knowingly sell personal information from anyone under the age of 16.
We primarily collect personal information from the following categories ofsources:
We may use the personal information we collect for one or more of the following purposes:
We may disclose your personal information as follows:
| Identifiers |
|
| Other personal information categories (as listed in the California Customer Records statute) |
|
| Protected classification characteristics under California or federal law |
|
| Commercial information |
|
| Biometric information |
|
| Internet or other similar network activity |
|
| Sensory data |
|
| Professional or employment-related information |
|
| Non-public education information |
|
| Inferences drawn from other personal information |
|
| Sensitive Personal Information |
|
Please note, our Service Providers, include but are not limited to, administrators, lenders, banks, trading counterparties, auditors, law firms, consultants, placement agents, employment agencies and recruiters, and background check providers.
We may disclose your personal information to comply with our legal obligations (in response to a subpoena or other legal process by a governmental entity or third party if otherwise required by law) and internal policies. We may also share your personal information, on an as needed basis, to facilitate a business transfer or merger.
In the past 12 months, we have not sold any personal information we collect to third parties, and we have shared personal information for cross-context behavioral purposes.
We do not use Sensitive Personal Information for any additional purposes that are incompatible with the purposes listed above, unless we provide you with notice of those additional purposes.
Subject to certain exceptions and limitations, you have the following rights under your California law:
You may submit requests to exercise your rights under the CCPA to our Chief Compliance Officer at DataProtection@shenkmancapital.com or at (212) 867-9090.
We may need to request additional information from you to verify your identity or understand the scope of your request. In verifying requests, we will require you to provide, at a minimum your mailing address and telephone number to verify your identity. If we are unable to verify your identity, we will need to deny your request.
You may designate an authorized agent to make a CCPA request on your behalf. In such case, we will ask the agent to provide proof that you have given the agent signed permission to act on your behalf. In addition, we will ask you to either (1) verify your identity directly with us in the manner described above or (2) directly confirm with us that you have provided the agent permission to make the request on your behalf
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We decide how long we need personal information on a case-by-case basis. We may consider the following factors when making retention decisions:
MAY 2024
Introduction
By accessing this website and any of the pages herein (collectively, the “Site”), you signify your agreement with and understanding of the following Terms of Service pertaining to both this Site and any material on it. This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices.
The Shenkman Group (the “Shenkman Group”, “we”, “us”, or “our”) consists of Shenkman Capital Management, Inc., and its affiliates and subsidiaries, including, without limitation, Shenkman Capital Management Ltd, Romark Credit Advisors LP, and Romark CLO Advisors LLC. The Shenkman Group reserves the right to change the terms, conditions, and notices under which this Site is offered, and such changes are effective immediately. You are bound by such changes and thus should periodically visit this page to review the then-current terms and conditions. If you do not agree to be bound by and subject to these Terms of Service, you must not access or use this Site.
No Offer of Securities or Advice
This Site sets forth general information about the Shenkman Group and the services it provides. The material on this Site is not intended to be, and should not be considered as, impartial investment advice, an offering of investment advisory services or an offer to sell or a solicitation to buy any securities. Any offer to sell or any solicitation to buy securities in any jurisdiction, including without limitation any interest of an investment fund or vehicle managed by the Shenkman Group. Any offer to sell or any solicitation to buy securities of an investment fund or vehicle managed by the Shenkman Group will be made only by means of the Prospectus or Offering Memorandum relating to that fund or vehicle. All interests in securities of any fund or vehicle shall not be offered or sold in any jurisdiction in which such an offer, solicitation or sale would be unlawful or would require registration of disclosure until the requirements of the laws, rules and regulations of such jurisdiction have been satisfied. Access to information about such funds is limited to investors who, among other requirements, either qualify as “accredited investors” and “qualified purchasers” within the meaning of the Securities Act of 1933, as amended, and the rules promulgated thereunder, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.
Nothing contained on the Site constitutes tax, accounting, regulatory, legal, or investment advice.
Investment Risk
The investment strategies and services discussed on this Site may not be suitable for all investors. Shenkman makes no representations that the contents contained herein are appropriate in all jurisdictions or for all investors or counterparties.
This Site does not undertake to explain the risks associated with any investment strategy referred to herein. No person or entity should invest in any strategy referred to herein unless satisfied that it (or its investment representative) has asked for and received all information that would enable it (or them) to evaluate the merits and risks thereof. Investment in any strategies described on the Site carries substantial risk, including the possible loss of principal. Past performance is not a guarantee of future results.
AI and Machine Learning
Artificial Intelligence and Machine Learning (“AI”) technologies can be used for many purposes, such as supporting repeatable functions or streamlining processes. AI risks, like those of other technology, can appear in many ways. AI systems’ main function is continuous learning – as the technology provides services, it takes in new information for future reference. This raises a concern for data privacy, including whether AI systems save confidential client information, and if so, how that information is protected from cybersecurity breaches. There are four primary risks associated with the use of AI, data privacy, biased algorithms, predictive analytics bias, and risk of cyber-attacks.
The firm leverages externally sourced AI to enhance various business functions and has adopted the following policy around its usage. The firm’s intent is to make certain that any AI based initiatives are developed, deployed, and managed in compliance with applicable laws and regulations and that they contain appropriate controls.
Members of the firm are utilizing AI based technology to assist with the screening and cataloging of data. Future uses might include research, forecasting, selection, optimization, order routing, execution, and allocation processes. Any use of AI when deployed will operate with human oversight. While the firm has implemented controls and oversight of AI, there is no guarantee that they will always function as intended.
No Reliance
While the Shenkman Group uses reasonable efforts to update the information on this Site, the Shenkman Group makes no representations or warranties as to the accuracy, reliability or completeness of any information on this Site, and is under no obligation to make such updates. The contents of this Site are subject to change without notice.
Material to be Consulted in its Entirety
All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Ownership of Site and Trademarks
The Shenkman Group owns and maintains this Site. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark on the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material on this Site to you. Anything that you transmit to this Site becomes the property of Shenkman, may be used by the Shenkman Group for any lawful purpose, and is further subject to disclosure as deemed appropriate by the Shenkman Group, including to any legal or regulatory authority to which the Shenkman Group is subject. This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Site. The Shenkman Group reserves all rights with respect to copyright and trademark ownership of all material on this Site, and will enforce such rights to the full extent of the law.
SHENKMAN®, SHENKMAN CAPITAL®, and other Shenkman trademarks and logos used herein are registered trademarks of Shenkman Capital Management, Inc. ROMARK®, ROMARK CLO ADVISORS®, and other Romark trademarks and logos used herein are registered trademarks of Romark Credit Advisors LP and/or Romark CLO Advisors LLC. All rights reserved.
Jurisdictional Restrictions
The distribution of the information on this Site may be restricted by law in certain countries. This Site and the information and documentation herein are not addressed to any person resident in the territory of any country or jurisdiction where such distribution would be contrary to local law or regulation. The Shenkman Group expressly disclaims all responsibility if you access this Site in breach of any local law or regulation in the country in which you are residing or of which you are a citizen.
For European Economic Area (“EEA”) Investors: Shenkman Capital Management Ltd is authorized and regulated by the Financial Conduct Authority (“FCA”) in the United Kingdom. This Site is directed only at persons who are classified as “professional clients” in accordance with the Markets in Financial Instruments Directive (Directive 2014/65/EU) (known as “MiFID II”) or as otherwise defined under applicable local regulations.
In relation to member states of the EEA that have implemented the EU Directive on Alternative Investment Fund Managers (Directive (2011/61/EU)) (“AIFMD”), interests in certain funds whose details may appear on this Site will only be offered or sold to investors in any such member state to the extent that the relevant fund: (i) is permitted to be marketed into the relevant member state pursuant to Article 42 of the AIFMD (as implemented into applicable local law); or (ii) where any marketing, offer and sale of interests of the fund occurs exclusively at the initiative of the relevant investor.
Linked Sites
The Shenkman Group has not reviewed any of the sites linked to this Site, and is not responsible for the content of off-site pages or any other site linked or linking to the Site. The inclusion of such links is in no way an endorsement, representation or warranty by the Shenkman Group with respect to any such site or the content contained through such site. Your linking to any off-site pages or other sites is at your own risk. You agree not to link this Site to any websites without the prior written consent of the Shenkman Group.
Use of Cookies
Cookies are small, sometimes encrypted text files that are stored on computer hard drives by websites that you visit. They are used to help users navigate websites efficiently as well as to provide information to the owner of the website. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.
When you visit the Site, we may place a “cookie” or other online tracking device (e.g., web beacons) in order to improve your experience by recognizing you when you visit the Site, such as by assigning a session ID and to deliver content specific to your interests. The cookies we place may also collect information about your IP address, or click stream data within the Site (i.e., the actions taken in connection with the Site). This information helps us improve the functionality of the Site.
We also use cookies provided by Google Analytics to help us measure how visitors use the Site. The information collected is used for a variety of purposes, including, but not limited to, site traffic reporting, unique visitor counts, and content optimization. Although Google Analytics logs the information coming from the Site on our behalf, we control how the data may and may not be used. If you do not want to help us learn how to improve the website, you can opt-out of this website analysis tool by clicking: https://tools.google.com/dlpage/gaoptout.
Web browsers often allow you to erase existing cookies from your hard drive, block the use of cookies and/or be notified when cookies are encountered. If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions of the Site.
Data Protection
As a valued partner of the Shenkman Group, your privacy is very important to us. For addition information on the types of data we collect, and how that data is used and protected, please refer to our Privacy Notice and California Consumer Privacy Notice.
Limitation of Liability
All materials on this Site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. The Shenkman Group further assumes no responsibility or liability and makes no warranties that functions contained on this Site 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 or other harmful components. The Shenkman Group shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this Site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
To the extent permitted by law, the Shenkman Group, its affiliates and each of their directors, officers, employees and agents expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity. In no event will the Shenkman Group or any of its affiliates be liable to any person for any indirect, special or consequential damages arising out of any use of, or inability to use, this Site or the information contained on it, including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment or otherwise, even if the Shenkman Group is expressly advised of the possibility or likelihood of such damages. This does not affect the liability of the Shenkman Group and its affiliates for any loss or damage which cannot be excluded or limited under applicable law.
Third-Party Disclaimers
Any information in these materials from ICE Data Indices, LLC (“ICE BofA”) was used with permission. ICE BofA PERMITS USE OF THE ICE BofA INDICES AND RELATED DATA ON AN "AS IS" BASIS, MAKES NO WARRANTIES REGARDING SAME, DOES NOT GUARANTEE THE SUITABILITY, QUALITY, ACCURACY, TIMELINESS, AND/OR COMPLETENESS OF THE ICE BofA INDICES OR ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM, ASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THE FOREGOING, AND DOES NOT SPONSOR
©2024, S&P Global Market Intelligence and its affiliates as applicable. Reproduction of any information, data or materials, including ratings (“Content”) in any form is prohibited except with the prior written permission of the relevant third party. Such party, its affiliates and suppliers (“Content Providers”) do not guarantee the accuracy, adequacy, completeness, timeliness or availability of any Content and are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such Content. In no event shall Content Providers be liable for any damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with any use of the Content. A reference to a particular investment or security, a rating or any observation concerning an investment that is part of the Content is not a recommendation to buy, sell or hold such investment or security, does not address the suitability of an investment or security and should not be relied on as investment advice. Credit ratings are statements of opinions and are not statements of fact.
©2024, S&P Global Market Intelligence and its affiliates as applicable. The Global Industry Classification Standard (“GICS”) was developed by and is the exclusive property and a service mark of MSCI Inc. (“MSCI”) and S&P Global Market Intelligence (“S&P”) and is licensed for use by Shenkman Capital Management, Inc. Neither MSCI, S&P, nor any other party involved in making or compiling the GICS or any GICS classifications makes any express or implied warranties or representations with respect to such standard or classification (or the results to be obtained by the use thereof), and all such parties hereby expressly disclaim all warranties of originality, accuracy, completeness, merchantability and fitness for a particular purpose with respect to any of such standard or classification. Without limiting any of the foregoing, in no event shall MSCI, S&P, any of their affiliates or any third party involved in making or compiling the GICS or any GICS classifications have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) even if notified of the possibility of such damages.
The investment products included in these materials (the “Shenkman Products”) are not sponsored, endorsed, sold or promoted by Morningstar, Inc. or any of its affiliates (all such entities, collectively, “Morningstar Entities”) or the Loan Syndications and Trading Association (“LSTA”). The Morningstar Entities and LSTA make no representation or warranty, express or implied, to the owners of the Shenkman Products or any member of the public regarding the advisability of investing in the leveraged loans against which the Morningstar Index is being benchmarked generally or in the Shenkman Products in particular or the ability of the Shenkman Products to track general market performance.
THE MORNINGSTAR ENTITIES AND LSTA DO NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF ANY OF THE MORNINGSTAR INDICES INCLUDED IN THESE MATERIALS OR ANY DATA INCLUDED THEREIN AND SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN.
©2024 Morningstar. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
Third-party information contained in this presentation was obtained from sources that the Shenkman Group considers to be reliable; however, no representation is made as to, and no responsibility, warranty or liability is accepted for, the accuracy, adequacy completeness, timeliness or availability of such information, including ratings. The Shenkman Group is not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such content. THE SHENKMAN GROUP DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE SHENKMAN GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, LEGAL FEES, OR LOSSES (INCLUDING LOST INCOME OR PROFITS AND OPPORTUNITY COSTS OR LOSSES CAUSED BY NEGLIGENCE) IN CONNECTION WITH ANY USE OF SUCH THIRD-PARTY CONTENT.
Inquiries
Questions concerning the Site, or these Terms of Service can be addressed to our Chief Compliance Officer at DataProtection@shenkmancapital.com or +1 212 867 9090.
MarketAxess Corporation has given permission to the Shenkman Group to repost this report on the Shenkman Group website.
MarketAxess Corporation (the “Endorser”) is not a current client of, or investor in a private fund advised by, Shenkman Capital Management, Inc. (the “Firm”) and is not receiving compensation for providing any endorsements contained in this report, but does operate a trading platform utilized by the firm and may be a trading counterparty of the Firm and its investment advisory clients and will receive commissions from the Firm, creating a material conflict of interest in connection with providing an endorsement of the Firm.
The Shenkman Group of Companies (the “Shenkman Group”) consists of Shenkman Capital Management, Inc., and its affiliates and subsidiaries, including, without limitation, Shenkman Capital Management Ltd, Romark Credit Advisors LP, and Romark CLO Advisors LLC. Shenkman Capital Management, Inc. (“Shenkman” or “Shenkman Capital”) is registered as an investment adviser with the U.S. Securities and Exchange Commission (the “SEC”). Romark Credit Advisors LP is also registered as an investment adviser with the SEC and Romark CLO Advisors LLC is registered as a relying adviser of Romark Credit Advisors LP (together, “Romark”). Shenkman Capital Management Ltd is a wholly-owned subsidiary of Shenkman Capital Management, Inc. and is authorized and regulated by the U.K. Financial Conduct Authority. Such registrations do not imply any specific skill or training. SHENKMAN®, SHENKMAN CAPITAL®, and other Shenkman trademarks and logos used herein are registered trademarks of Shenkman Capital Management, Inc. ROMARK®, ROMARK CLO ADVISORS®, and other Romark trademarks and logos used herein are registered trademarks of Romark Credit Advisors LP and/or Romark CLO Advisors LLC. ©2023 All rights reserved.
The information and opinions expressed herein are provided for informational purposes only. Any views, thoughts, and opinions expressed herein are solely that of the individuals expressing such views, thoughts and opinions and do not necessarily reflect the views, opinions, policies, or position of the Shenkman Group. The information is not intended to be, and should not be construed as, impartial investment advice, an offering of investment advisory services or an offer to sell or a solicitation to buy any securities in any jurisdiction, including without limitation any interest of an investment fund or vehicle managed by the Shenkman Group.
The Endorser does operate a trading platform utilized by the firm and may be a trading counterparty of the Firm and its investment advisory clients and will receive commissions from the Firm, creating a material conflict of interest in connection with providing an endorsement of the Firm. Endorser also may seek to do business with and earn fees or commissions from other business with Shenkman. Examples of such business include placement, underwriting, investment banking, lending, consulting, advisory, valuation, personal banking and/or asset management.
Third-party information contained in this presentation was obtained from sources that the Shenkman Group considers to be reliable; however, no representation is made as to, and no responsibility, warranty or liability is accepted for, the accuracy, adequacy completeness, timeliness or availability of such information, including ratings. The Shenkman Group is not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such content. THE SHENKMAN GROUP DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE SHENKMAN GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, LEGAL FEES, OR LOSSES (INCLUDING LOST INCOME OR PROFITS AND OPPORTUNITY COSTS OR LOSSES CAUSED BY NEGLIGENCE) IN CONNECTION WITH ANY USE OF SUCH THIRD-PARTY CONTENT.
The Shenkman Group makes no representation as to the performance metrics of any third-party organizations or the achievement of underlying impact goals. Where applicable, achievement or compliance with these metrics should be evaluated over the longer-term rather than any shorter time periods indicated. References made to awards/nominations/industry affiliations/professional association are not an endorsement by any third party to invest with The Shenkman Group and are not indicative of future performance. Investors should not rely on awards for any purpose and should conduct their own review prior to investing.
