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Terms of Use
 
Everest Capital Limited, a wholly owned subsidiary of Everest Babcock & Brown Limited and where relevant Everest Capital Investment Management Limited as responsible entity for Everest Babcock & Brown Alternative Investment Trust (together, Everest) provides the material on this website for information purposes only. The use of this website is subject to the terms of use set out below, and any other conditions or statements contained on this website. By accessing this website or by downloading any information you agree to be bound by those terms.
 
Whilst Everest has taken all reasonable care in producing this information, subsequent changes in circumstances may occur at any time and may impact on the accuracy of the information.
 
Exclusion of Liability
 
Everest, its related bodies corporate, associates, affiliates, officers, directors do not warrant or make any representation as to the accuracy, timeliness, completeness or suitability of the information on this website now or in the future. No liability is accepted for any loss or damage as a result of any person relying on any information on this website, being unable to access the website, or otherwise using this website.
 
For Wholesale Clients Only (where indicated)
 
All Funds offered by Everest, with the exception of EBI are only open to investors who are Wholesale Clients under section 761G of the Corporations Act.
 
Accordingly, the Fund, with the exception of EBI are only open to investors who meet at least one of the following criteria:
 
a.    Equity investment of at least $500,000
Investors who invest at least $500,000 in response to an Offer (disregarding, as required under the Corporations Act, any loan funds from an associate of Everest)
b.    Net assets of at least $2,500,000
Investors who have net assets of at least $2,500,000 and who acquire Units for a purpose other than for use in connection with a business. At the time of making an application the investor mist provide to Everest a copy of a certificate given within the preceding six months by a qualified accountant that states the investor has net assets of at least $2,500,000.

c.   Gross income of at least $250,000 per year
Investors who have a gross income for each of the last two financial years of at least $250,000 a year, and who acquire Units for a purpose other than in connection with a business. At the time of making an application the investor mist provide to Everest a copy of a certificate given within the preceding six months by a qualified accountant that states the investor has gross income for each of the last two financial years of at least $250,000 a year.

d.   Professional investor
Investors who are ‘professional investors’ as defined in the Corporations Act. For example investors who control at least $10 million (including amounts held by an associate or held under a trust that the investor manages).

 
Applications to Invest in Wholesale Funds
 
Applications for investments in funds offered by Everest, with the exception of EBI, can only be made by persons classified as wholesale investors and on the application form attached to a copy of the current offering document for that fund. If you would like copy of an offering document for a fund/s, please contact Claire Milson at cmilson@everest.com.au or on +61-2-8001-9100.
 
Investment Value for Wholesale Funds
 
The unit/entry offering prices for Everest unlisted wholesale funds shown on this website may differ from the actual unit/entry offering prices for your investment/s. Your actual unit/entry offering price will be confirmed upon receipt of a completed transaction request. Your transaction or amendment request will be processed as soon as practical. Your transaction will be processed on the terms of the current offering document for that fund.
 
Foreign Jurisdiction
 
The information on this website is only intended for Australian residents. Securities in Everest Babcock & Brown Limited (ASX code EBB) and Everest Babcock & Brown Alternative Investment Trust (ASX code EBI) can only be traded in Australia on the ASX. Nothing on this website constitutes an offer or an invitation in any place outside Australia where, or to any person whom, it would be unlawful to make such an offer or invitation.
 
EBB and EBI securities have not been registered under the US Securities Act of 1933 and may not be offered or sold in the United States or to any ‘US person’ as defined in Regulation S under the US Securities Act of 1933, absent registration under the US Securities Act of 1933 (as amended) or an exemption from registration.
 
General Information
 
The information contained on this website is general information only The information is given by Everest in good faith and has been derived from sources believed to be reliable and accurate. However, the information is selective and Everest has not verified all of the information, which may not be complete or accurate for your purposes. Everest makes no representation or warranty of any kind for the accuracy or completeness of the information. Everest is under no obligation to update or correct any errors in the information after the date of publication. The information has been prepared without taking into account the investment objectives, financial situation or needs of any particular investor. Therefore, before acting on the information contained on this website and before deciding whether to acquire or continue to hold the any securities in EBB or any of Everest’s Funds, you should seek professional advice, read the offering document issued for Fund and consider whether the information is appropriate in light of your objectives, financial situation and needs. Assets under management information on this website may include available leverage and uncalled capital commitments.
 
No Guarantee of Performance
 
Everest does not guarantee the performance of any of EBB and or any of its Funds, the repayment of capital or any rate of return. Investing in any financial product is subject to investment risk including possible loss. Past performance is not a reliable indicator of future performance.
 
Taxation Laws
 
Everest is not able to give tax advice and accordingly, investors should obtain independent advice from an accountant and/or lawyer before making any decision based on the tax treatment of investments in EBB or in any of Everest’s Funds.
 
Disclosure of Interests
 
Directors of Everest Babcock & Brown may hold securities in EBB or in any of Everest’s Funds, and may acquire additional securities or dispose of them form time to time. Employees and associates may also acquire and dispose of securities in EBB or in any of Everest’s Funds.
 
Intellectual Property Rights
 
All trade marks published on this website belong to their respective owners. Unless otherwise indicated, Everest owns the copyright to the content of this website. You may not print out any content on this website for your personal use. All other use, copying or reproduction of this website or any part of it is prohibited (except to the extent permitted by law).
 
Privacy Policy
 
Everest is bound by the National Privacy Principles contained in the Privacy Act 1988 (Cth). A privacy statement detailing how we handle and protect your personal information may be viewed on this website.
 
Linked Websites
 
Any links to other websites from this website are for convenience only and we are not responsible for, and do not endorse, the content of or privacy practices associated with linked websites.
 
Application of Laws
 
This website is subject to any contrary provisions of the Australian Securities and Investments Commission Act and Trade Practices Act.
 
Governing Law
 
These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of the jurisdiction.
 
Everest is not associated or affiliated with the Bermuda based Everest Capital Limited.
 
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