These legal terms of use (the "Terms") govern your use of the Picton Mahoney Asset Management (“Picton Mahoney”) website pages (the “website”). If you access and use the website, you accept and agree to be bound by and comply with the Terms. The Terms also apply when you use a downloadable application or other technology to access any features, functionality, content and/or information that is made available or provided on the website.
CANADIAN RESIDENTS ONLY
The information in this site is intended for Canadian residents. Picton Mahoney's products are not being offered in the United States and units of the hedge funds or closed end funds may not be purchased by any United States entity, either directly or indirectly. Units of the Picton Mahoney funds managed by Picton Mahoney Asset Management will not be sold to any person residing outside Canada unless such sales are permitted under the laws of their jurisdiction. Investors should contact their financial advisors for more information.
NO ADVICE
The information provided on this website is published by Picton Mahoney. Any commentaries and information contained on this website are provided as a general source of information and should not be considered personal investment advice.
Every effort has been made to ensure that the material contained on this website is accurate at the time of publication. However, Picton Mahoney cannot guarantee its accuracy or completeness and accepts no responsibility for any loss arising from any use of or reliance on the information contained herein.
Facts and data provided by Picton Mahoney and other sources are believed to be reliable when posted. Picton Mahoney cannot guarantee that they are accurate or complete or that they will be current at all times. Any information, including performance data available through any third party provider is not guaranteed to be current, accurate or complete and is subject to change without notice. Any expressed views or opinions provided on our site do not imply endorsement.
Information on this website is intended for general information purposes and is not intended to provide legal, accounting, investment or tax advice, and should not be relied upon in that regard. If you require any such advice, you should retain the services of a competent professional.
This website may contain the opinions, views or recommendations of individuals or organizations. Where present these opinions, views and recommendations are provided for your general interest, and are not endorsed by Picton Mahoney.
USE OF WEBSITE
Users of Picton Mahoney's website shall only be entitled to use and copy material on the website for their own personal use but may not republish nor reproduce any substantial part of the website in any manner whatsoever, including electronically reproducing the website by "uploading," "downloading" or accessing the website on to the Internet or any other local or international computer system, without the prior written permission of Picton Mahoney Asset Management. An acknowledgment of the source must be included whenever Picton Mahoney material is copied or published. Any infringement of Picton Mahoney's rights will result in appropriate legal action.
Sites accessed by hypertext appearing in this website have been independently developed by parties other than Picton Mahoney Asset Management and Picton Mahoney does not guarantee the accuracy of information contained in such sites. The listing of an organization in this site should not be construed as an endorsement of its products or services.
Complete confidentiality and security is not yet possible over the Internet. Picton Mahoney advises that the Internet is not a secure medium and privacy cannot be ensured. Picton Mahoney and its affiliates will not be responsible for any damages you may suffer if you transmit confidential or sensitive information to us.
HEDGE FUNDS
Information pertaining to the Picton Mahoney hedge funds is not to be construed as a public offering of securities in any jurisdiction of Canada. The offering of units of the Picton Mahoney hedge funds is made pursuant to their respective offering memorandum only to those investors in jurisdictions of Canada who meet certain eligibility or minimum purchase requirements. Important information about the Picton Mahoney hedge funds, including a statement of each fund's investment objective, is contained in their respective offering memorandum, a copy of which may be obtained from your dealer. Read the applicable offering memorandum carefully before investing. Unit values and investment returns will fluctuate.
Commissions
, trailing commissions, management fees, performance fees and expenses all may be associated with mutual fund investments. Please read the Offering Memorandum before investing. All performance data assume reinvestment of all distributions or dividends and do not take into account sales, redemption, distribution or optional charges or income taxes payable by any unitholder that would have reduced returns. Investment funds are not guaranteed, their values change frequently and past performance may not be repeated.
National Instrument 24-101 - Instiutional Trade Matching and Settlement - Trade Matching Statement
To receive an Offering Memorandum or request any further information,
contact us.
CLOSED-END FUNDS
Important information about the closed end funds referenced on this website, including any associated commissions, trailing commissions, management fees, performance fees and expenses, as applicable, is contained in their respective prospectuses, copies of which may be obtained directly from the Website or Picton Mahoney and which you should read carefully prior to investing. Closed End Fund securities are not guaranteed nor covered by the Canada Deposit Insurance Corporation or any other government deposit insurer. Unit values and investment returns will fluctuate.
Performance data represents past performance and is not necessarily indicative of future performance.
MODIFICATIONS
You should check the website and these Terms periodically for modifications. Picton Mahoney may modify the website and/or the Terms from time to time without notice to you. If Picton Mahoney makes material changes to the Terms we will post the revised Terms and the revised effective date on this website and/or provide notice by some other means. By using the website following any modifications to the Terms, you agree to be bound by these Terms as modified. These Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this website.
DISCLAIMER OF WARRANTIES AND CONDITIONS
The website, including, without limitation, all content, function, materials and services, is provided "as is," without warranty or condition of any kind, either express or implied, including, without limitation, any warranty or condition for information, data, data processing services or uninterrupted access, any warranties or conditions concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties or conditions of title, non-infringement, merchantable quality or fitness for a particular purpose. Picton Mahoney does not provide any warranty or condition that the website or the functions, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Picton Mahoney makes no warranty or condition that the website will meet users' expectations or requirements. No advice, results or information, or materials, whether oral or written, obtained by you through the website shall create any warranty or condition not expressly made herein. If you are not satisfied with the website, your sole remedy is to discontinue using the website.
LIMITATION OF LIABILITY AND INDEMNITY
To the greatest extent permitted under applicable law, in no event shall Picton Mahoney, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers, be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or any loss of revenue or anticipated profits, or lost business, data or sales, or cost of substitute services, arising from or directly or indirectly related to the use of, or the inability to use, the website or the content, materials and functions related thereto, even if Picton Mahoney or its representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of Picton Mahoney to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the website exceed, in the aggregate, $100.00. You agree to defend, indemnify and hold Picton Mahoney, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, in any way arising from, related to or in connection with your use of the website, your violation of these terms or the posting or transmission of any materials on or through the website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
GENERAL
You agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern these Terms and your use of the website. Please note that your use of the website may be subject to other local, provincial, federal and international laws. You consent to the exclusive jurisdiction of the courts of the province of Ontario for enforcement of these Terms and your use of the website. The failure of Picton Mahoney to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without Picton Mahoney's express written consent. These Terms inure to the benefit of Picton Mahoney's successors, assigns and licensees. The Terms and Picton Mahoney's Online Privacy Policy constitute the entire agreement between you and Picton Mahoney and govern your use of the website, superseding any prior agreements between you and Picton Mahoney. You may also be subject to additional terms and conditions that are applicable to certain parts of the website.
PICTON MAHONEY ASSET MANAGEMENT PROXY VOTING GUIDELINES
Picton Mahoney Asset Management (“PMAM”) provides investment management and administrative services to each of the investment funds and separately managed accounts that it manages (collectively, the “Funds”). Part of PMAM’s responsibilities include exercising the voting rights attached to the securities held by the Funds.
PMAM has retained the services of Institutional Shareholder Services (“ISS”), an independent firm, to manage and execute proxy votes. In addition, ISS provides research and voting recommendations based on various benchmark proxy voting policies.
PMAM has adopted ISS’s Sustainability International Proxy Voting Guidelines and Sustainability U.S. Proxy Voting Guidelines as its standing policy for voting routine matters (collectively, the “Sustainability Guidelines”). These Guidelines indicate the principles of corporate governance which the Funds will generally support when exercising proxy votes.
In addition, in respect of the Picton Mahoney Arbitrage Fund, Picton Mahoney Arbitrage Plus Fund, Picton Mahoney Fortified Arbitrage Alternative Fund, and Picton Mahoney Fortified Arbitrage Plus Alternative Fund, PMAM has adopted ISS’ benchmark U.S. Proxy Voting Guidelines and Canada Proxy Voting Guidelines as its standing policy for voting routine matters (the “Benchmark Guidelines” and collectively with the Sustainability Guidelines, the “Guidelines”). The Guidelines are available upon request.
PMAM will generally follow ISS’ voting recommendations in accordance with the Guidelines, however, there may be circumstances where PMAM believes that it would be in the best interests of a Fund to vote differently than the manner contemplated by the Guidelines, or to abstain or withhold from voting. While the Guidelines are comprehensive, they may not specifically address each voting issue that may be encountered. PMAM has adopted proxy voting procedures to address such instances.
For a copy of a Fund’s proxy voting record, go to “Documentation”, click “Filter By” and click “Proxy Voting” on this site or contact service@pictonmahoney.com.