Disclaimer
IMPORTANT NOTICE
IMPORTANT: You must read the following disclaimer before continuing. By accessing this section of the website, you confirm that you have read and understood the information below.
This disclaimer applies to the documentation relating to the meeting of the holders of the notes denominated “7.75% Senior Secured Notes due 2023” (XS1361300996 (144A) / XS1361301457 (Reg S)) (the “Notes”), issued by Moby S.p.A. (“Moby” or the “Company”) convened by the Company on November 24, 2023 at 12:00 (CET) on a first call, and if necessary, on November 28, 2023 at 12:00 (CET) on a second call (the “Meeting”), by means of a notice of call published on November 9, 2023 (the “Notice of Call”), accessed from the Internet page https://projects.morrowsodali.com/moby (the “Documentation”), and it has been made available to you as holder of the Notes (the “Holder”).
You are encouraged to read this disclaimer page carefully before accessing the Documentation. In accessing the Documentation, you agree to be bound by the following terms and conditions, including any modifications to them from time to time, each time you receive any information from us as a result of such access.
Capitalised terms used but not otherwise defined in this disclaimer shall have the meaning given to them in the Notice of Call.
The Documentation should not be forwarded or distributed to any other person and should not be reproduced in any manner whatsoever. Any such forwarding, distribution or reproduction of the Documentation in whole or in part is unauthorised. Failure to comply with these instructions may result in a violation of applicable laws and regulations of some jurisdictions.
Your representation: By accessing the Documentation you shall be deemed to have represented to the Company and Morrow Sodali S.p.A. as Information and Tabulation Agent, that you are a holder or beneficial owner of the Notes.
The Documentation contains important information which should be read carefully before any decision is made with respect to the Meeting. If any Holder is in any doubt as to the action it should take, such Holder is recommended to immediately seek its own advice, including legal and / or financial advice relating to the consequences resulting from the Meeting.
Restrictions: Nothing in the Documentation and in this section of the website is, is intended to, or will be deemed to constitute, contain, or form part of an offer to sell, an invitation to engage in investment activity or an offer or invitation to buy or sell or a solicitation of an offer to buy, the Notes in any jurisdiction.
The information and the Documentation made available in this section of the website are for informational purposes only.
This section of the website and the information and Documentation made available thereunder do not purport to be complete, and neither the Company nor any of its respective subsidiaries or affiliates, their respective directors, officers, consultants, agents or employees, nor any other person, shall assume any liability (for negligence or otherwise) in connection with any loss arising out of any kind of use of the information and the Documentation provided in this section of the website or otherwise arising in any way from the information and the Documentation provided in this section of the website.
The information and the Documentation made available in this section of the website do not constitute investment, legal, accounting, regulatory, tax or any other advice.
The information and Documentation made available in this section of the website may be subject to update, completion, revision, and amendment.
The information and the Documentation made available in this section of the website contain forward-looking statements that do not represent historical facts. Forward-looking statements involve known and unknown risks, uncertainties, contingencies and other important factors, which are difficult or impossible to predict and in some cases beyond the Company’s control and may cause actual facts to differ materially from (and be more negative than) those expressed or implied from such forward-looking statements.
A multitude of factors can cause actual events to differ significantly from any anticipated development.
By accessing the information and the Documentation made available in this section of the website, you acknowledge, represent, warrant and undertake that you are not (i) a person that is, or is owned or controlled by a person that is, identified as a “specially designated national” or “blocked person” in the most current U.S. Treasury Department list of “Specially Designated National and Blocked Persons” or included in the U.S. Treasury Department’s Sectoral Sanctions Identifications List (which can be found at: https://sanctionssearch.ofac.treas.gov/), or a designated party included in the European Union and UK Consolidated Lists of financial sanctions, or in the EU/UK list of persons subject to restrictive measures in view of Russia's actions destabilising the situation in Ukraine; or (ii) a person that is organised, resident or located in a country or territory subject to comprehensive/country-wide economic sanctions; (iii) a person that is otherwise the subject of, or in violation of, any sanctions under (x) the laws and regulations that have been officially published and are administered or enforced by the U.S. Government (including, without limitation, the Office of Foreign Assets Control of the U.S. Treasury Department or the U.S. Department of State), or any enabling legislation or executive order relating thereto; or (y) any equivalent sanctions or measures officially published and imposed by the European Union, any member state of the European Union, the United Kingdom, Her Majesty’s Treasury, the United Nations or any other relevant sanctions authority; or (iv) acting for or on behalf of any of the foregoing parties (a “Sanctions Restricted Person”).
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