Terms of Use

Terms of Use and Legal Information
By accessing this website, you confirm your agreement with and understanding of the following conditions of use without limitation or qualification. Please read these conditions carefully before using this website. This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices. MHR Fund Management LLC ("MHR") reserves the right to, and may at any time, change the terms, conditions and notices under which this website is offered. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound. References to MHR shall be deemed to include MHR Fund Management LLC and any of its affiliated entities.

No Offer of Securities
The material on this website does not constitute an offer to sell, or the solicitation of an offer to buy or sell, any securities or any interests in the investment funds managed by MHR (the "MHR Funds"). Offerings of securities are made only by means of the appropriate confidential offering documents that will be furnished to prospective investors and which supersede the information contained herein. Such offerings are made only to persons who are "accredited investors" as defined in Rule 501(a) under the Securities Act of 1933, as amended, and/or "qualified purchasers" as defined under the Investment Company Act of 1940, as amended, or to such other persons who are otherwise eligible to invest in the MHR Funds. This website is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. MHR makes no representations or warranties that the content of this website is applicable or appropriate for use in locations outside of the United States of America.

Limitation of Liability
While MHR uses reasonable efforts to include accurate information on this website, errors or omissions may occur. Moreover, information contained in this website is as current as the date set forth in the applicable document, report or presentation. All information and content on this website is furnished "AS IS," and MHR makes no warranties or representations as to the accuracy of this website, and makes no other warranty of any kind, implied or expressed. Under no circumstances shall MHR nor any party or person involved in creating, producing, or delivering the website be liable for any direct, special, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if an MHR authorized representative has been advised of the possibility of such damages.

Performance Data
Any performance data quoted on this website represents past performance and is no guarantee of future results, and is qualified in its entirety by the disclaimers and/or notes accompanying such data. The value of an investment may fall as well as rise. Investor principal is not guaranteed, and investors must be able to bear the risk of a substantial impairment or loss of their entire investment. Investors in MHR's hedge funds may not receive the full amount of their principal at the time of redemption if asset values have fallen. Investors should understand that performance results will be reduced by investment management fees and other expenses.

Account Access
If you or any of your employees or agents access or use this website for account access, you acknowledge and agree that such ELECTRONIC SERVICE IS BEING MADE AVAILABLE TO YOU OR SUCH OTHER PERSON WITHOUT ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, and you agree that any such access or use will be solely at your own risk, and MHR will have no liability whatsoever relating to or arising out of any such access or use or any inaccuracies, errors, delays, omissions or other problems or failures of any such electronic service. Moreover, you agree that if you or any of your employees or agents are given any user name(s) and/or password(s) which may be required to access or use any electronic services (collectively, "User Codes"), (a) you shall take all necessary actions to preserve the confidentiality of such User Codes; (b) you shall restrict access to the User Codes to those persons who are duly authorized to act on your behalf; (c) you shall notify MHR immediately in the event any such User Code is lost, stolen, or the confidentiality of any such User Code has been compromised in any way or the authority of any person to act on your behalf has been revoked or limited; and (d) you are responsible for and will be bound by all statements made and instructions, assents and consents communicated under any such User Code, to the same extent that the same was under your duly signed writing.

Restrictions on Use of Materials and Trademarks
MHR owns and maintains this website. Nothing contained within this website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark contained within the website. No act of downloading or otherwise copying from this website will transfer to you any title to or license under any software or material contained within this website. MHR reserves all rights with respect to copyright and trademark ownership of all material contained within this website, and will enforce such rights to the full extent of the law. 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 without MHR's written permission. Images displayed on this website are either the property of, or used with permission by, MHR. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

No Unlawful or Prohibited Use
As a condition of your use of this website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links to Third-Party Sites
This website may contain hyperlinks to websites operated by parties other than MHR. Such hyperlinks are provided for your reference only. MHR does not control such websites, and is not responsible for their content. MHR's inclusion of such websites does not imply any endorsement of the material on such websites or any association with their operators.

Material to be Consulted in its Entirety
Materials contained within this website 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, or disclosures 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.

In order to provide better service and to maintain the security of the website, MHR may use a "cookie." A cookie is a small piece of information that a website stores on your computer and can later retrieve. When you access this website, MHR's web servers may place persistent cookies on your computer in order to recognize you and to facilitate your use of this website. We also use a session-based cookie that provides for continuity of navigation while viewing the site. After closing the browser, the session-based cookie simply terminates. Although you can set up your web browser to inform you when cookies are set or to prevent cookies from being set, this may affect the functionality of this website.

Computer Viruses
MHR assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.