These terms and conditions of use (this “User Agreement”) apply to this website (collectively, the “Site”) and your use thereof.
Please read these terms and conditions of use carefully before using the Site. By accessing and continuing to use the Site, you acknowledge that you have read, understood and agree to these terms and conditions of use. If you do not agree to these terms and conditions of use, you may not access or use the Site. Och-Ziff Capital Management Group LLC and its affiliates (“Oz Management”, “we”, “us” or the “Company”) reserves the right, at the Company’s discretion, to change, modify, add or remove portions of these terms at any time. Modifications will be effective immediately upon posting unless we indicate otherwise. Therefore, Oz Management suggests that you review these terms periodically for changes. By using the Site after the Company has posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
Oz Management Grants You a Limited Right to Use the Site
You may not violate or attempt to violate the security of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site.
The Site is Owned by Oz Management, its Affiliates and/or Third Parties
The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Oz Management, its affiliates and/or third parties. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
All content is for informational purposes only. Nothing contained in the Site constitutes investment, legal, accounting or tax advice and you should not consider any such information on the Site to be the same. Neither the information nor any opinion contained in the Site constitutes a solicitation or offer by Oz Management or any fund or other entity managed directly or indirectly by Oz Management to buy or sell any securities, futures, options or other financial instruments. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Decisions based on information contained on the Site are the sole responsibility of the visitor. If you would like investment, accounting, tax, or legal advice, you should consult with your own financial advisors, accountants, or attorneys regarding your individual circumstances and needs. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY, OR INVESTMENT STYLE IS NOT INDICATIVE OF NOR A GUARANTEE OF FUTURE PERFORMANCE.
There are various risks you assume in relying on the content. Dated content speaks only as of the date indicated. We make reasonable efforts to provide accurate content, but at times we may not promptly update or correct the Site even if we are aware it is inaccurate, outdated, or otherwise inappropriate. We may change all or any portion of the Site at any time without notice to you. We do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. You agree we are not liable for any action you take or decision you make in reliance on any content.
The materials in the Site are provided “AS IS” and without warranties of any kind (either express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement). To the fullest extent permissible pursuant to applicable law, Oz Management disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Oz Management further assumes no responsibility for and makes no warranties regarding the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery of the functions contained at 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. Oz Management shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Site.
Oz Management is not liable for any technological problems regarding the Site or any impact they may have. All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time, the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure, but we do not guarantee the security of the Site. We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. We are not liable for any defects, delays, or errors in or resulting from your use of the Site.
Oz Management maintains historical materials and disclosures on its Site for archival and regulatory purposes. The information contained in such materials and disclosures was accurate at the time it was initially presented, and Oz Management assumes no responsibility for updating information to reflect subsequent developments.
Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including without limitation images, illustrations, designs, icons, photographs, video clips and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Oz Management. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Oz Management’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Oz Management. Oz Management will not treat users of this Site as its clients by virtue of their accessing this Site.
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions and protectorates. The Site is controlled and operated by Oz Management from its offices within the State of New York, United States of America. Oz Management makes no representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Oz Management to any registration or other requirement within such jurisdiction or country. Oz Management reserves the right to limit access to the Site to any person, geographic region or jurisdiction.
Transmissions to and from the Site
Links to Other Web Sites and Services
Oz Management does not review or monitor any websites linked from or to the Site and your following links from or to such websites is at your sole risk. Accordingly, Oz Management cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Oz Management be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Oz Management with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.
OZ MANAGEMENT’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, OR THE INABILITY TO USE THE SITE.
OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.
UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF OZ MANAGEMENT, ITS AGENTS, AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.
Governing Law and Consent to Jurisdiction
These terms and your use of the Site shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Oz Management reserves the right to alter or delete materials from this Site at any time at its discretion.
Our Disclosures and Forward-Looking Statements
The information contained on this website may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that reflect the Company’s current views with respect to, among other things, future events and financial performance. The Company generally identifies forward-looking statements by terminology such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “will,” “should,” “could,” “seek,” “approximately,” “predict,” “intend,” “plan,” “estimate,” “anticipate,” “opportunity,” “comfortable,” “assume,” “remain,” “maintain,” “sustain,” “achieve,” “see,” “think,” “position” or the negative version of those words or other comparable words.
Any forward-looking statements contained on this website are based upon historical information and on the Company’s current plans, estimates and expectations. The inclusion of this or other forward-looking information should not be regarded as a representation by the Company or any other person that the future plans, estimates or expectations contemplated by the Company will be achieved.
The Company cautions that forward-looking statements are subject to numerous assumptions, estimates, risks and uncertainties, including but not limited to the following: global economic, business, market and geopolitical conditions; U.S. and foreign regulatory developments relating to, among other things, financial institutions and markets, government oversight, fiscal and tax policy; conditions impacting the alternative asset management industry; the Company’s ability to retain existing investor capital; the Company’s ability to successfully compete for fund investors, assets, professional talent and investment opportunities; the Company’s ability to retain its executive managing directors, managing directors and other investment professionals; the Company’s successful formulation and execution of its business and growth strategies; the Company’s ability to appropriately manage conflicts of interest and tax and other regulatory factors relevant to the Company’s business; and assumptions relating to the Company’s operations, investment performance, financial results, financial condition, business prospects, growth strategy and liquidity.
If one or more of these or other risks or uncertainties materialize, or if the Company’s assumptions or estimates prove to be incorrect, the Company’s actual results may vary materially from those indicated in these statements. These factors are not and should not be construed as exhaustive and should be read in conjunction with the other cautionary statements and risks that are included in the Company’s filings with the Securities and Exchange Commission (“SEC”), including, but not limited to, the Company’s Annual Report on Form 10-K for the year ended December 31, 2018 filed with the SEC on March 15, 2019. There may be additional risks, uncertainties and factors that the Company does not currently view as material or that are not known. The Company does not undertake to update any forward-looking statement because of new information, future developments or otherwise.
This website and the information contained herein does not constitute an offer of any Oz Management fund.
Oz Management is Authorized and Regulated by the Financial Conduct Authority
This Site is issued or approved by Och-Ziff Management Europe Limited (“OZMEL”) and by Och-Ziff Europe Loan Management Limited (“OZELM”), which are authorized and regulated by the Financial Conduct Authority (“FCA”). OZMEL, whose registered office is at 40 Argyll Street, London W1F 7EB, United Kingdom, appears in the FCA’s Register (Registration No. 190662). OZMEL is registered as a Private Limited Company in England and Wales (Company Number 03676366) and its VAT registration number is 749344894. OZELM, whose registered office is at 40 Argyll Street, London W1F 7EB, United Kingdom, appears in the FCA’s Register (Registration No. 709552). OZELM is registered as a Private Limited Company in England and Wales (Company Number 09417428).
OZMEL and OZELM are subject to the FCA rules and guidance, details of which can be found on the FCA’s website at www.fca.org.uk. The FCA is one of the two principal regulators of the financial services industry in the UK and is located at 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom.
MiFID II Disclosures
Och-Ziff Management Europe Limited (“OZME”) is a member of the Och-Ziff Capital Management Group (the “Group”) and acts as a sub-investment manager to a number of the Group’s investment funds and managed accounts clients. Och-Ziff Europe Loan Management Limited (“OZELM”) is a member of the Group and acts as a Collateralised Loan Obligation (“CLO”) manager to certain affiliated CLO vehicles. OZME and OZELM (together the “Firm”) are authorised and regulated by the Financial Conduct Authority (“FCA”) and is each an investment firm subject to the requirements of the FCA Rules that implement the Markets in Financial Instruments Directive and Regulation (“MiFID II”) including the order execution rules under the Regulatory Technical Standard 28 (“RTS 28”).
The Firm is required to summarise and make public on its website on an annual basis, for each class of financial instrument in which it has traded, the top five Execution Venues where it executes orders, and the top five Brokers to which it transmits orders for execution, in terms of trading volumes, in the preceding calendar year, including information on the quality of execution obtained. The Firm’s RTS 28 reports for calendar year 2017, containing both quantitative and qualitative disclosures, are available below:
Commitment to the UK Stewardship Code
Under Rule 2.2.3R of the FCA’s Conduct of Business Sourcebook, OZMEL and OZELM is each required to disclose in an accessible form a statement about the nature of its commitment to the UK Financial Reporting Council’s Stewardship Code (the “Code”) or, where it does not commit to the Code, its alternative investment strategy. The Code is a voluntary code and sets out a number of principles relating to engagement by investors with UK equity issuers. Investors that commit to the Code can either comply with it in full or choose not to comply with aspects of the Code, in which case they are required to explain their non-compliance.
OZMEL pursues a multi-strategy approach to investing that involves it trading in global equities, including some UK equities. The Code is therefore relevant to some aspects of OZMEL’s trading. While OZMEL generally supports the objectives that underlie the Code, OZMEL has chosen not to commit to the Code. OZMEL invests in a variety of asset classes and in a variety of jurisdictions globally.
OZELM acts as an originator and manager of certain collateralised loan obligation (“CLO”) issuer vehicles that invest primarily in loan instruments and corporate bonds in a variety of jurisdictions globally. The Code is therefore of limited relevance to OZELM’s investment management activities. While OZELM generally supports the objectives that underlie the Code, OZELM has chosen not to commit to the Code.
OZMEL and OZELM’s policies in relation to engagement with issuers and their management are determined globally on group-wide basis. The group takes a global approach to engagement with issuers and their management in all of the jurisdictions in which it trades and, consequently, neither OZMEL, nor OZELM, considers it appropriate to commit to any particular voluntary code of practice relating to any individual jurisdiction.