Please read all terms and conditions below carefully before you use this website. These terms and conditions apply each time you access or use this website. If you do not agree to all of these terms and conditions, you must immediately cease using this website and any information contained on this website. By accessing and using this website, you agree to be bound by this legal notice and all terms and conditions set out below. In particular, you acknowledge:
- that you have read and accept this legal notice
- that you have read and accept the Website Terms and Conditions published at www.Ahernfinance.com/disclaimer (the “Website Terms and Conditions”)
- if you are located in the US, that you are a Sophisticated Investor
- if you are located in the UK, that you are a Relevant Person
- that you will access and use the Information without breaching any laws, rules, directives, regulations, or any other restrictions that apply in your local jurisdiction, the United Kingdom or the United States.
The content of this website (the “Information”) is issued by Ahern Finance Pty Ltd ABN 67 107 247 727 (“Ahern Finance”) unless expressly stated otherwise. Capitalised terms not otherwise defined are as defined in the Website Terms and Conditions.
This website is directed only at persons to whom we can legally provide the Information in the jurisdictions in which they are located. In the UK this would include investment professionals and certain high net worth entities, as respectively defined in articles 19 and 49 of the FSMA (Financial Promotion) Order 2005. In the US only accredited investors and qualified purchasers may invest in the investment funds advised by Ahern Finance (“Ahern Finance funds”). If you are not such a person, or are unsure, please take no further action in relation to this website without taking advice.
This website is not intended for any person who is a resident of a country where it would be prohibited or against local laws to provide the Information in this website. Any products and services described in this website are only available to persons in jurisdictions in which Ahern Finance and its Affiliates are permitted to market and sell such products and services. Ahern Finance’ Affiliates are listed below.
Ahern Finance makes no representation that materials in or accessible through the site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the site from other locations do so at their own risk and are responsible for establishing the legality of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. The information provided in or accessible through this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Ahern Finance to any registration or other requirement within such jurisdiction or country. Ahern Finance reserves the right to limit access to the site to any person, geographic region or jurisdiction.
Without limiting the above matters, Ahern Finance does not warrant that it holds any authorisations or approvals required in all jurisdictions where the Information may be accessed. Ahern Finance does not and has no intention to offer or sell any funds, products or services in any jurisdiction where such an offer or sale would be unlawful under the relevant domestic law. You must satisfy yourself as to the laws which are in force in your jurisdiction and that access to the Information accords with the laws of your particular jurisdiction.
United Kingdom (“UK”)
The Information is being issued to investors inside the UK by Ahern Finance (UK) Limited (“Ahern Finance UK”) (which is authorised and regulated by the UK Financial Conduct Authority) and Ahern Finance UK is the only entity responsible for its contents in that jurisdiction. The Information is issued to and directed only at persons in the UK who are professional clients or eligible counterparties for the purposes of the FCA’s Conduct of Business Sourcebook (“Relevant Persons”). [In the UK this would include investment professionals and certain high net worth entities, as respectively defined in articles 19 and 49 of the FSMA (Financial Promotion) Order 2005.]
The promotion of unregulated collective investment schemes by authorised persons is restricted in the UK pursuant to section 238 of the Financial Services and Markets Act 2000 (the “Scheme Promotion Restriction”). However, the Information is exempt from the Scheme Promotion Restriction on the grounds that it is being issued to and directed only at Relevant Persons.
Any investment or investment activity to which the Information relates is available only to Relevant Persons and will be engaged in only with Relevant Persons. The Information must not be acted on or relied on by any other persons in the UK.
United States of America (“US”)
The Information is being issued to investors inside the US by Ahern Finance (US) Advisor LLC and Ahern Finance Pty Ltd (“Ahern Finance US”) and are the only entity responsible for its contents in that jurisdiction.
Ahern Finance US are registered as investment advisers under the Investment Advisers Act of 1940, as amended, and regulated by the United States Securities and Exchange Commission (“SEC”). Ahern Finance (US) Securities, LLC is registered with the SEC as a broker-dealer and is a member of the Financial Industry Regulatory Authority ("FINRA"). Ahern Finance's investments have not been recommended by any US federal or state securities commission or regulatory authority. Furthermore, the foregoing authorities have not confirmed the accuracy or determined the adequacy of the information contained in this website. Any representation to the contrary is a criminal offense.
The Information is intended:
- solely to provide general information about Ahern Finance and its subsidiaries/affiliates and the products and services available through Ahern Finance US
- only for investors (each a “Sophisticated Investor”) that are both:
- accredited investors within the meaning of the US Securities Act of 1933 (each an “Accredited Investor”); and
- qualified purchasers within the meaning of the US Investment Company Act of 1940 (each a “Qualified Purchaser”).
Ahern Finance US does not intend to solicit or make its services available to the general public in the US and many of Ahern Finance’s products and services are not available in the US. Under no circumstances should the Information be considered as an offer to sell, a recommendation regarding or a solicitation of an offer to buy any securities or interests in products or services sponsored by Ahern Finance US. Such offers or solicitations will be made in the US only to privately solicited investors that have been pre-qualified as an Accredited Investor or Qualified Purchaser (as applicable) and in accordance with relevant US securities laws. Accredited Investors and Qualified Purchasers are generally deemed sophisticated in financial matters such that they are capable of evaluating the merits and risks of prospective investments.
Ahern Finance (US) Securities, LLC is a limited purpose broker-dealer that sells interests in private placements to institutional investors. Ahern Finance (US) Securities, LLC is not a retail broker-dealer, and does not solicit or carry accounts for, or offer or sell securities products to retail customers. Ahern Finance (US) Securities, LLC is regulated by the Financial Industry Regulatory Authority, Inc. (www.finra.org) and is a member of SIPC.
Website Terms and Conditions
This website is owned and operated by Ahern Finance Pty Ltd ABN 67 107 247 727 (“Ahern Finance”). By accessing and using this website you agree to be bound by these Website Terms and Conditions. Ahern Finance may change these terms and conditions at any time without notice to you. By continuing to access or use the website you accept any changed terms as they may apply from time to time. It is your responsibility to regularly check these Website Terms and Conditions for any amendments. Unless expressly stated otherwise, Ahern Finance is the only entity responsible for the content of this website (the “Information”).
In these Website Terms and Conditions, references to "we", "us" and "our" refer to Ahern Finance and references to "you" and "your" refer to each user of this website. References to "Ahern Finance Parties" refer to Ahern Finance, its Affiliates and their directors, employees and representative. Ahern Finance’ Affiliates are listed below.
No offer or advice
The Information is general in nature and is provided for informational purposes only. It does not constitute legal, tax, financial product or investment advice and does not constitute a recommendation, solicitation, or offer of any securities, product or service and should not be relied upon as securities advice. The Information does not contain anything in it that forms the basis of any contract or commitment.
Additionally, the Information on this website does not constitute a representation that the solutions described herein are suitable or appropriate for any person. Past performance is no guarantee of future performance. No consideration has been given to the impact of any tax and revenue laws on prospective investors. Prospective investors should consult their own tax advisers in relation to any such consequences.
Forward looking statements
The Information may contain forward-looking statements that are based on Ahern Finance’ current expectations, plans, estimates, assumptions and beliefs that involve numerous risks and uncertainties. The words ‘forecast’, ‘estimate’, ‘project’, ‘intend’, ‘expect’, ‘should’, ‘believe’ and similar expressions are intended to identify forward-looking statements.
All forward-looking statements should be evaluated with an understanding of their inherent uncertainty and are not a guarantee of future performance, and actual results, performance or achievements may vary materially from those expressed or implied. Forward looking statements in the Information involve known and unknown risks and uncertainties and other factors which may be beyond the control of Ahern Finance. Investors are reminded that past performance is not a reliable indication of future returns and is not constant over time.
Ahern Finance’ investments
This website contains information about investment profiles. This information is provided as examples for the purposes of clarifying and describing Ahern Finance’ investment approach, not as an exhaustive catalogue of Ahern Finance’ investments. No representation is made that an investor will or is likely to achieve results that are similar to those of the companies described. These investments were not chosen for their returns on investment.
Information is provided for information purposes only
The Information provided is general in nature and may be used for information purposes only. It is not intended to be, and must not alone be taken as, the basis for an investment decision.
The Information has been prepared without taking into account the investment objectives, financial situation or particular needs of any particular person or entity. You should assume all information is written and prepared for large and experienced institutional investors with the highest degree of financial sophistication and knowledge and the capacity to withstand and assess any financial losses. Ahern Finance recommends that before making an investment decision, each prospective investor should consult a financial adviser and should consider whether any investments are appropriate in light of their particular investment needs, objectives and financial circumstances.
The Information is only intended to provide a general overview of the matters with which it deals. The Information is not intended to be comprehensive, nor does it purport to constitute legal, tax, financial product or investment advice. All Information available on this website should be assessed in consultation with your investment, financial, tax, accounting and legal advisors. To the extent that the Information on this website relates to an Ahern Finance' fund into which an investor may invest, the Information is qualified in its entirety by the reference to the applicable confidential information memorandum or private placement memorandum of the relevant Ahern Finance fund and must be read in conjunction with such memoranda in order to fully understand all of the implications and risks of investing in Ahern Finance funds. The achievement of any or all goals of any investment that may be described herein is not guaranteed. Risks of Ahern Finance’ investment programs typically include but are not limited to:
- assets of Ahern Finance funds have limited liquidity
- no public market currently exists, and one may never exist for interests in Ahern Finance funds
- distributions are uncertain
- a return on your investment is not guaranteed and you may lose all or a substantial amount of your investment
- substantial fees and expenses are typically paid to an offerings advisor, its affiliates and participating broker dealers
- unfavourable economic conditions in the markets in which Ahern Finance funds operate could adversely affect your investment
- assets acquired with leverage have risks including loss of value and limits on flexibility needed if there are changes in the business or industry.
For a more fulsome list of applicable risk factors, please read the relevant memorandum carefully and consult your own investment, financial, accounting, legal and tax advisors prior to undertaking an investment in interests in Ahern Finance funds. An investment in any of these investment programs should be made only after careful review of the risk factors described in the relevant memorandum.
Prospective investors should conduct their own investigation and analysis of an investment with Ahern Finance (or any of its related bodies corporate) and the Information and make their own assessment of the appropriateness of the Information and any proposed investment having regard to their own objectives, financial situation and needs, independently and without reliance on Ahern Finance or its respective directors, employees, agents and affiliates. In addition, prospective investors are strongly urged to consult their own legal counsel and financial, accounting, regulatory and tax advisers before making any investment decisions.
Before making any investment decisions, potential investors should consult the relevant disclosure document in order to acquaint themselves with the precise nature of any risks incurred and in particular the risk of capital loss and, where relevant, the liquidity risk of underlying assets. Any investment decision must be made in accordance with investors’ investment objectives, their investment horizon and their capacity to deal with the risk arising from the transaction. You should do this before making an investment decision by making this assessment yourself, or seeking the assistance of an adviser.
Information subject to change
The Information is subject to change at any time at Ahern Finance' discretion with or without prior notice and Ahern Finance is under no obligation to notify any person of any change, including anyone who has printed or had access to a hard copy of the Information. It is recommended that you review the Information provided on or via this website, periodically for changes. Ahern Finance will endeavour to ensure that information is updated as soon as practicable when it becomes aware that material changes have occurred.
To the extent permitted by law, this website, the Information and any services provided via this website are provided “as is" and without representations or warranties of any kind (either express or implied) including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. If any statute implies terms into these Website Terms and Conditions which cannot be lawfully excluded, then those terms will apply and, to the extent permitted by law, the liability of the Ahern Finance Parties for breach of any such term will be limited (at the option of Ahern Finance) to resupply of the services or payment of the cost of resupply.
The Ahern Finance Parties do not warrant the accuracy, completeness or currency of the Information (including the accuracy of underlying assumptions, or the achievement by Ahern Finance of any particular results) and to the extent permitted by law, disclaim all responsibility and liability for any loss or damage of any nature whatsoever (including without limitation any consequential loss) which may be suffered by any person directly or indirectly through relying upon the Information (including in respect of any forward looking statements made in the Information), whether that loss or damage is caused by any fault or negligence of the Ahern Finance Parties or otherwise.
To the extent permitted by law, the Ahern Finance Parties also disclaim all responsibility and liability for any loss or damage of any nature whatsoever (and including consequential loss) which may be suffered by accessing this website, including the transmission of any computer virus. Without limiting the above matters, the Ahern Finance Parties do not warrant the accuracy, completeness or currency of information contained on any website which may be linked to this website.
Links are not recommendations or endorsements
This website may also contain links to websites of other entities ("Linked Websites"). These Linked Websites are provided as a convenience and do not imply Ahern Finance' (or any other Ahern Finance Party's) sponsorship or approval of any of these Linked Websites or their content. The Ahern Finance Parties assume no responsibility for the content or privacy practices of any Linked Website Site, including any software that may be available for download. If you access any Linked Website through this website or because it is referred to in this website, you do so at your own risk. Links to or from this website do not constitute an endorsement by Ahern Finance or any other Ahern Finance Party of the parties or businesses which are so linked, nor do they necessarily indicate any affiliation between us and such parties or businesses.
Limitation of liability
To the extent permitted by law, the Ahern Finance Parties will not be liable for loss or damage of any kind whatsoever arising as a result of any opinion, advice, recommendation, representation or information expressly or impliedly contained on this website or any Linked Website notwithstanding any negligence, default, or lack of care by it or that such loss or damage was foreseeable.
Third party material
The Information may include material provided by third parties for general reference or interest. The views expressed in these articles do not necessarily reflect those of Ahern Finance or any other Ahern Finance Parties. While such third party sources are believed to be reliable, the Ahern Finance Parties do not assume any responsibility for the accuracy or completeness of such information.
No warranty of uninterrupted operation
The Ahern Finance Parties assume no responsibility for, and make no warranty that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, that the website is suitable for any particular purpose or has any performance, functionality or security features, or that the site or the server that makes it available will be free of viruses or other harmful components. While Ahern Finance will use reasonable endeavours to ensure that its site is free from viruses or other harmful components, you must take your own precautions to ensure that the way you access and use this website (or any Linked Website does not expose you to viruses or other harmful components that may damage your own computer or other IT infrastructure. Ahern Finance and all other Ahern Finance Parties are not responsible or liable for any damage caused by any virus or other harmful component, whether or not that virus or other harmful component resulted from you accessing this site or any Linked Website. You are responsible for the cost of all services, repairs and corrections that must be performed on your computer on account of your accessing this site or any Linked Website.
Commercial Electronic Messages
If you express interest in products or services through your use of this website, you consent to Ahern Finance and all other Ahern Finance Parties sending commercial electronic messages (including messages about products and services offered by any Ahern Finance Party and the products and services of third parties) to the electronic addresses which you have provided to Ahern Finance or for which you or your employer (or your employer's related bodies corporate) are the relevant electronic account holder
If any part of these terms and conditions is void, unlawful or for any reason unenforceable in any jurisdiction, then that provision shall be deemed severable from these terms in that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. Ahern Finance reserves the right to alter or delete Information from this site at any time at its sole discretion.
Use of website
You must ensure that you only use the site for legal purposes and that you do not use the site to engage in conduct that is unlawful, threatening, abusive or in a way that is deemed unreasonable by Ahern Finance.
Neither the website nor any software, hardware, application, interfaces and network communication device provided in relation to the website may be used for the purpose of providing advice to any other person.
This website is Ahern Finance' copyright property, All rights are reserved. You are provided with access to it only for your personal and non-commercial use.
Other than for the permitted purposes above, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means:
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this site, without Ahern Finance' written permission
- commercialise any Information, products or services obtained from any part of this site, without Ahern Finance' written permission.
You may, however, download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only.
All trade names, trademarks, service marks and other product and service names and logos (the "Marks") displayed on this site are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be registered or unregistered marks of Ahern Finance or others.
Nothing contained on this site should be construed as granting any licence or right of use of any other person's or entity's trade mark which is displayed on this site without their express permission.
If you access this website from a location in the US, these terms and conditions will be governed and construed in accordance with the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
If you access this website from a location outside the US, these terms and conditions will be governed by and construed in accordance with the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from those courts.
Ahern Finance Group Entities and Funds
Ahern Finance Pty Ltd
ABN 67 107 247 727, AFS Licence No. 284404
CRD 162754 SEC File No. 801-78649
Ahern Finance (Nominees) Limited
ABN 56 003 969 891, AFS Licence No. 239169, RSE Licence No. L0001427
Ahern Finance Infrastructure Funds, ABN 91 157 945 930
Ahern Finance International Private Equity Fund I, ABN 27 876 336 538
Ahern Finance International Private Equity Funds, ABN 40 869 828 619
Ahern Finance International Private Equity Fund III, ABN 21 393 445 075
Ahern Finance Listed Equity Funds Pooled Superannuation Trust, ABN 81 088 318 274
Ahern Finance Strategic Cash Fund, ABN 69 436 430 095
Ahern Finance Transaction Cash Fund, ABN 33 667 290 507
Ahern Finance (UK) Limited
Company No. 5857982, FCA Licence No. 478403
Ahern Finance Global Infrastructure (UK) GP Limited
Company No. 6547980
Ahern Finance (US), LLC
Ahern Finance (US) Advisor, LLC
CRD No. 146366, SEC File No. 801-78649
Ahern Finance Global Infrastructure (US) GP, LLC
Each entity is ultimately a wholly owned subsidiary of Industry Super Holdings Pty Ltd (ABN 71 119 748 060), which in turn is owned by a number of major Australian superannuation funds, some of which invest with Ahern Finance.
Each entity (other than Ahern Finance Pty Ltd) is an "Affiliate" of Ahern Finance Pty Ltd for the purpose of the Website Terms and Conditions, and the Legal notice published at www.Ahernfinance.com/disclaimer