Website Terms of Use

Thank you for visiting the website of Silver Point Capital, L.P. (the “Firm”). By accessing this website (the “Site”), you agree to accept the following terms of use for the use of the Site (“Terms of Use”), which constitute a legal agreement between you and the Firm. If you do not accept these Terms of Use, you may not use the Site. The Firm reserves the right to modify these Terms of Use without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.

For information about our privacy practices, please see our Privacy Policy.

Use of Site and Content

The content displayed on the Site (“Content”) is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by the Firm or by third parties. The Firm grants you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy, and print pages from the Site for your personal and noncommercial use only. Unless you receive written permission in advance from the Firm, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another website. Further, you may not link other websites to this Site or display this Site as “framed” within another website without the Firm’s prior written consent.

Prohibited Uses of Site and Content

The Firm does not grant any license or right to use this Site or the Content other than as set forth above, and you shall not make any other use of the Site or the Content without the Firm’s prior written permission. Without limiting the foregoing, you agree not to copy large portions of the Site (such as by bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site. If you download any Content from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. In using this Site, you shall not violate any law, regulation, or rule, or the intellectual property or contractual rights of others.  You may not attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site. You may not transmit any virus, worm, or similar disabling code or system interference through this Site. You may not decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the Site.

The Firm has the right (but not the obligation) to monitor and record activity on this Site, as the Firm deems appropriate, for any reason or no reason, and to take all appropriate actions in response to any unauthorized or objectionable conduct, with or without notice to you. The Firm may investigate any complaint or reported violation of its policies. The Firm may report any activity it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities as it deems appropriate. The Firm may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site, or take any other action it deems appropriate.

Copyright Infringement Complaints and Notification Procedures

If you believe that any of this Site’s content violates your or a third party’s copyright, please notify us at Compliance@silverpointcapital.com by providing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on this Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Linked Sites

The Firm does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites. Accordingly, the Firm cannot be held responsible for the information, materials, products, or services obtained on or from such other websites, nor will we 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 affiliation with or endorsement, sponsorship, representation, or warranty by the Firm with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. The Firm disclaims responsibility for the privacy policies and customer information practices of third-party Internet websites linked to or from the site. Your following links from or to such websites is at your sole risk.

Transmission to and from the Site

Any communication or other material that you send to us through the Internet or post on the Site by electronic mail or otherwise is and will be deemed to be non-confidential as between you and us, and the Firm shall have no obligation of any kind with respect to such information, other than as set forth in the Privacy Notice for Job Applicants and Employees on our Careers page. The Firm will be free to use, for any purpose, and without compensation due or payable to you, any ideas, concepts, know-how, or techniques provided by you to the Firm through the Site.

Passwords

If the Firm provides you with a password, you must keep your password and certain Site content confidential. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify us immediately of any actual or suspected loss, theft, or unauthorized use of your password. You may not disclose any Site content that is contained within any password protected portion of this Site to any third party, except to your financial, legal, or tax advisors, and others with whom you share investment decisions. The Firm is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. The Firm will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

Certain Silver Point entities have submitted an Article 63 Notification under the Financial Instruments and Exchange Act of Japan. Please email Compliance@silverpointcapital.com, if you would like to obtain a copy of the public disclosure documents.

Important Disclaimers

The Firm, including partners, employees, affiliates, and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, The Firm does not warrant that the information on this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure.

Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments, or other services, including any funds advised by the Firm (a “Fund” or the “Funds”). Any such offer or solicitation may only be made pursuant to the current Confidential Private Placement Memorandum (or similar document) for each Fund, which will be provided only to qualified offerees. All information on this Site is qualified in its entirety by the terms of the applicable Confidential Private Placement Memorandum (or similar document) which should be carefully reviewed prior to investing in such Fund. Furthermore, no information or materials contained in the Site should be construed or relied upon as investment, legal, accounting, tax, or other professional advice or in connection with any offer or sale of securities. The Firm will not treat users of the Site as partners, clients, customers, or investors by virtue of their accessing the Site.

This Site does not contain all material terms pertinent to an investment decision, including important disclosures of conflicts and risk factors associated with an investment in any Funds advised by the Firm. Information on the Site in and of itself should not form the basis for any investment decision. Accordingly, decisions based on information or materials contained on the Site are the sole responsibility of the user, and as consideration for access to the Site, you will be responsible for any liability to the Firm that arises out of your use of the Site or your breach of these Terms of Use, and you agree to indemnify and hold harmless the Firm and Related Persons from and against any claims whatsoever and of any nature for damages, losses, and causes of action, including but not limited to actions by third parties against you, the Firm or any of its Related Persons, arising out of or in connection with any decisions that you make based on such information or materials, your use of the Site, or your violation of these Terms of Use.

The information contained herein is provided for informational purposes only and is believed to be accurate as of April 30, 2024 (unless otherwise specified). Information that is not dated or information that is dated but viewed subsequent to its date may not be current. Analyses and opinions contained herein (including statements or forecasts) reflect the judgment of the Firm as of the date indicated, and may contain elements of subjectivity (including certain assumptions) or be based on incomplete information. If assumptions used in formulating analyses or opinions are altered or shown to be incorrect, the analyses or opinions contained herein may change. The Firm assumes no duty to update or correct any information for any reason, including new information, results or subsequent events.

An investment in the Funds is speculative and entails substantial risks, including the fact that such an investment would be illiquid and be subject to significant restrictions on transferability. No market is expected to develop for interests in the Funds. Returns generated from an investment in the Funds may not adequately compensate investors for the business and financial risks assumed. An investor could lose all or a substantial amount of his or her investment. Investors and potential investors must make an independent assessment of the appropriateness of any transaction in light of their own objectives and circumstances, including the possible risk and benefits of entering into such instruments. Please review the applicable offering documents for a comprehensive overview of associated risks.

The Site may contain forward-looking statements, which reflect the Firm’s current views with respect to, among other things, the Firm’s operations and performance. You can identify these forward-looking statements by the use of words such as “anticipate” “approximately,” “believe,” “continue,” “estimate,” “expect,” “intend,” “may,” “outlook,” “plan,” “potential,” “predict,” “seek,” “should,” or “will,” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. The Firm undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Any transactions described on the Site as having been engaged in by the Firm are included as representative transactions and are not necessarily reflective of overall results of any of the Firm’s businesses.

The description of any strategy, investment process or portfolio objectives included on the Site are provided for information purposes only.  These strategies, processes and objectives are not intended to be exhaustive and may evolve over time without notice.  There can be no guarantee that these strategies, processes or objectives will result in successful investment outcomes.

Past performance is not indicative of future results; no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

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 to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Definitions

Capital Deployed” reflects aggregate purchases across the platform, excluding any purchases of broad-based indices or hedges and excluding short activity.

Investable Assets” includes (as applicable by fund):  (i) total capital commitments and anticipated leverage (with an assumed debt-to-equity ratio of one-to-one) or (ii) the net asset value of such funds as well as (a) for drawdown vehicles that are in their investment period, unfunded capital commitments and (b) for drawdown vehicles outside their investment period, the lesser of unfunded capital commitments and amounts available to make follow-on investments. Information is estimated, unaudited and subject to change without notice.

Lending Transactions” reflects the total number of investments by issuer.  Positions held for less than one quarter are not reflected herein.  The recapitalization of one issuer is presented as two separate investments due to the nature of the changes to the terms of the investment, as well as the business of the company.  Metrics exclude interest rate and/or FX hedges.

Limitation of Liability

THE FIRM’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE FIRM OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

Applicable Law, Jurisdiction, and Arbitration

These Terms of Use shall be governed by the law of the State of New York, without regard to its choice of law rules. Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.

YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND THE FIRM AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.

With respect to the resolution of any such controversy, you further acknowledge that:

  • Arbitration is final and binding on the parties.
  • The parties are waiving their right to seek remedies in court, including the right to jury trial.
  • Pre-arbitration discovery is generally more limited than and different from court proceedings.
  • The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.

Any arbitration under this Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by this Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.

No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: the class certification is denied; or the class is decertified; or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Terms of Use except to the extent stated herein.

General

The Firm may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use constitute the entire understanding, and supersedes all other understandings, between you and the Firm concerning the subject matter hereof.

If you have any questions about this Terms of Use, please contact Compliance@silverpointcapital.com.