Welcome to the opusfund.com website (the “Site”), operated by Opus Investment Management LLC and Opus Capital Management LLC (collectively, “Opus”). These disclaimers (“Disclaimers”) apply to the Site, all information contained therein, and all related mobile applications, tools, and downloads (all of the foregoing, collectively the “Service”).
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Not an Offer or Recommendation
This Material is for information purposes only and is not intended as an offer or solicitation with respect to the purchase or sale of any class (“Class”) of any Opus managed investment fund (each, a “Fund”). Any such offer or solicitation may be made only by delivery of the applicable Fund’s offering documents and applicable supplements thereto (collectively, the “Offering Documents”) by Opus Capital or its authorized agents to qualified prospective investors and only in those jurisdictions where permitted by law.
This Material is for informational, illustration and discussion purposes only and is not intended to represent the rendering of accounting, tax, legal regulatory or investment advice by Opus. This Material does not take into account the particular investment objectives, financial circumstances, restrictions, particular needs or financial, accounting, regulatory, legal or tax situation of any particular person, investor or type of investor. While investors should understand and consider risks associated with making an investment decision, this Material is not intended to aid an investor in evaluating such risk. This Material should not be the basis of any investment decision. Neither Opus nor its principals, officers, employees or associated funds or entities hereby makes any representation to any person or entity as to the suitability for any purpose of an investment in a Fund. Any person subscribing for an investment must be able to bear the risks involved and must meet the particular Fund’s suitability requirements.
An Investment decision by you to invest in a Fund should be based on your customary and thorough due diligence procedures, which should include, but not be limited to, a thorough review of all relevant Offering Documents and consultation with your own professional tax, legal and investment advisors as to matters concerning the Fund. You should also inform yourself as to: (1) the legal requirements within your jurisdictions for the purchase, holding or disposal of investments; (2) any applicable foreign exchange restrictions; and (3) any income and other taxes which may apply to the purchase, holding and disposal of investments or payments in respect of the investments of the Fund. Furthermore, you should keep in mind that any subsequent change in facts or circumstances could materially affect the accounting, tax, legal or regulatory treatment consequences of an investment. Before you decide to invest or maintain an investment in a Fund, you should determine whether an investment is suitable for you in light of your circumstances, investment objectives, financial situation and risk tolerance.
Risk of Loss and Other Risks
An investment in a Fund involves risks, which you should understand prior to making an investment. Performance may vary substantially from year to year or even from month to month. The value of investments can go down as well as up. Past performance is not indicative of future results. Moreover, investing in securities and other financial products entails certain risks, including the possible loss of the entire principal amount invested. The investment performance of a Class and the underlying independently managed domestic and international private investment funds (collectively, “Investment Vehicles”) invested in by the Class may be severely volatile. Volatility and returns depend on a variety of factors including overall market conditions, unpredictable economic and political events, and the ability of Opus and the investment managers (“Managers”) to the Investment Vehicles to implement their investment processes, investment objectives and risk management strategies. In addition, the Classes may invest in Investment Vehicles that use leverage and other speculative investment practices or trading strategies that may increase the risk of investment loss.
Each Fund’s privately placed interests are not registered with any federal or state regulator (collectively, “U.S. Regulators”) and its Offering Documents are not reviewed or approved by U.S. Regulators. In addition, the Investment Vehicles are not registered with U.S. Regulators and, generally, their offering materials are not reviewed or approved by U.S. Regulators. This makes it difficult for both you and Opus to assess the performance of the Investment Vehicles or independently verify information that is reported. The Investment Vehicles may not be required to provide periodic pricing or valuation information to Opus. All of this can make it easier for an unscrupulous Manager to an Investment Vehicle to engage in fraud. An investment in a Class and its investments in the Investment Vehicles may be highly illiquid. There are significant restrictions on transferring or redeeming interests in the Funds and on transferring or redeeming interests or shares of the Investment Vehicles. There is no secondary market for an investor’s investment in a Class and the Class’s investment in the Investment Vehicles and none is expected to develop. Opus has total investment and trading authority over each Fund. The death, disability or departure of key Opus personnel may have a material adverse effect on investment performance. Similarly, the Investment Vehicles are generally managed by single Managers. The death, disability or departure of key personnel at such Managers may have a material adverse effect on investment performance of the Investment Vehicles. The fees and expenses of a Class – which may be substantial regardless of any positive return – will offset the Class’s investment and trading profits. If Opus’s investments are not successful, these payments and expenses may, over a period of time, cause losses. The Investment Vehicles may invest in various global markets throughout the world. As a result, the Investment Vehicles may be exposed to risks relating to non US markets, including, without limitation, risks relating to currency exchange, tax, lack of liquidity, market manipulation, political instability and higher transaction costs. The Investment Vehicles may invest in futures and other derivatives instruments. Futures trading and other derivatives may permit extremely high degrees of leverage and expose the Investment Vehicles to, among other things, volatility, market illiquidity, market risks, legal risks and operational risks. Opus and the Managers to the Investment Vehicles may be subject to various potential and actual conflicts of interest. The tax structure of a fund of funds strategy may be complex and there may be delays in distributing important tax information which may cause you to be required to obtain an extension to file your income tax return.
The risk management techniques which may be utilized by Opus cannot provide any assurance that an investment will not be exposed to risks of significant trading losses. An investment in a Class is subject to potential loss, in whole or in part. Given the foregoing, an investment in the Funds is not suitable for all investors. Investors must have the financial ability, sophistication/experience and willingness to bear the risks of investing in the Funds and such investments should be discretionary capital set aside strictly for speculative purposes.
References to the Family Office
This Material makes references to FBE Finvest, LLC, a family office (the “Family Office”) that is affiliated with Opus. The Family Office is not deemed an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), and it may only provide investment advice to “Family Clients” as defined under the Advisers Act. The Family Office establishes, invests and maintains relationships with Investment Vehicle Managers for its Family Clients. FBE Limited LLC, the parent of the Family Office, established Opus in 2003 to provide similar services to investors that are not eligible to be Family Clients of the Family Office.
The Family Office is not subject to the same fiduciary duties and investment limitations as registered investment advisers. Therefore, Opus is more limited in the types of investments it can make for the Funds than the Family Office can make for its clients. Consequently, the investment performance of the Funds may be lower than that of the Family Office for its Family Clients.
This Material is not an offer of the Family Office’s services. This Material is specifically for investors that are not eligible to be Family Clients of the Family Office.
Additional Disclaimers
Opus undertakes no responsibility or obligation to revise or update this presentation and/or the opinions, estimates,
statements, assumptions, analyses, assessments, projections, forward looking statements, similar statements and other views expressed in this presentation, (collectively, the “Statements”). Although information has been obtained from and is based upon sources that Opus believes to be reliable, we do not guarantee its accuracy and it may be incomplete, condensed and contain errors and omissions. All Statements including any regarding portfolio characteristics and limits, constitute only subjective views, estimations or intentions of Opus, should not be relied on, and are subject to change due to many factors, including fluctuating market conditions, portfolio company operating performance, capital markets risks, and economic factors. Such Statements involve inherent risks, many of which cannot be predicted or quantified and are beyond Opus’s control. The Statements may be based upon certain assumptions and Opus makes no representations as to the reasonableness of such assumptions or the likelihood that such assumptions will coincide with actual events and this information should not be relied upon for that purpose. Changes in such assumptions could produce materially different results. All Statements constitute the judgment of Opus as of the date of the presentation and these, plus any other information contained in the presentation, are subject to change without notice. Future evidence and actual results (including actual composition and investment characteristics of a Fund’s portfolio) could differ materially from those set forth in, contemplated by, or underlying these Statements. In light of the foregoing, there can be no assurance and no representation is given that the Statements are now, or will prove to be, accurate or complete.
This Material is not intended to contain or express exposure recommendations, guidelines or limits applicable to a Fund. Any descriptions involving investment process, investment goals or strategies, risk management techniques, portfolio characteristics, investment examples, or statistical analysis, are provided for illustration purposes only, will not apply in all situations, may be changed in the discretion of Opus without notice and may not be fully indicative of any present or future investments. Investments are selected by, and will vary at the discretion of, Opus and are subject to availability and market conditions, among other factors. No representation is made that Opus’s investment processes, investment objectives, goals or risk management techniques will or are likely to be achieved or successful, or that an investment in a portfolio or any underlying investment will make any profit or will not sustain losses.
Opus does not provide tax advice and nothing contained herein is intended to be, or should be construed as, tax advice. Any discussion of US tax matters contained in this presentation was written to support the promotion or marketing of the transactions or other matters addressed herein and is not intended to be used, and must not be used by any recipient, for the purpose of avoiding US federal tax penalties. Recipients of this presentation should seek tax advice based on the recipient’s own particular circumstances from an independent tax adviser to determine the tax consequences of an investment in the Fund.
No liability whatsoever is accepted for any loss (whether direct, indirect, or consequential) that may arise from any use of the information contained in or derived from this presentation. In addition, Opus, disclaims any and all liability as to the completeness or accuracy of the information contained herein and for any omissions of material facts. However, nothing herein shall in any way constitute a waiver or limitation of any rights available under the federal securities laws or other applicable federal or state laws.
The above summary is not a complete list of the risks, tax considerations and other important disclosure involved in investing in the Fund and is subject to more complete disclosures in the Fund’s Offering Documents. The terms set forth in the Offering Documents are controlling in all respects should they conflict with any other term set forth in this Material or other marketing materials. Such Offering Documents must be reviewed carefully prior to making an investment and periodically while an investment is maintained.