Legal & Important Disclosures
TERMS AND CONDITIONS OF USE OF OUR WEBSITE
ACCESSING THIS SITE SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS OF USE.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
Website for Information Only
This Website is offered for information purposes only. The Website and its affiliated websites are continually under development. Trebuchet Capital Partners and its subsidiaries, affiliates, associates (collectively referred to as “Trebuchet”) as well as their directors, officers or employees do not make any representations about the suitability of the information contained on this Website for any purpose.
None of the materials contained in this site is intended as or constitutes a solicitation or an offering of securities by Trebuchet or any of its affiliated companies or partnerships in any jurisdiction. The information on this Website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Trebuchet and Trebuchet makes no commitment and disclaims any duty to update those documents and materials, except as required by law. The information on this Website should not be used for the purpose of making investment decisions concerning Trebuchet. Please read the applicable prospectuses and other materials with respect to investment opportunities and please be advised that the Website and any applicable prospectuses are specifically not intended as an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not authorized or to any person to whom it is unlawful to make such offer or solicitation.
Indenture Funds and Investment Funds
Trebuchet funds and Trebuchet Bonds are managed by Trebuchet Management llc, and are available through independent dealers in in some cases, directly.
Commissions, trailing commissions, management fees and expenses all may be associated with investment funds. Please read the fund’s offering documents, offering memorandum or the information filed about the fund prior to investing. The indicated rates of return are the historical annual non-compounded total returns, including changes in unit value. If available, reinvestment of all distributions and do not take into account sales, redemption, distribution, or optional charges or income taxes payable by any security holder that would have reduced returns. Some Investment funds are not guaranteed, their values change frequently and past performance may not be repeated.
Our investment funds may make monthly distributions of an amount comprised in whole or in part of Return of Capital (ROC) of the net asset value per unit. A ROC reduces the amount of your original investment and may result in the return to you of the entire amount of your original investment. ROC that is not reinvested will reduce the net asset value of the fund, which could reduce the fund’s ability to generate future income. You should not draw any conclusions about the fund’s investment performance from the amount of this distribution.
As with any investment, there are risks to investing in investment funds, limited partnerships or indentures. There is no assurance that any fund will achieve its investment objective, and its net asset value, yield, and investment return will fluctuate from time to time.
Compound growth calculations are used only for the purpose of illustrating the effects of compound growth and are not intended to reflect future values of any fund or returns on investment in any fund.
A return of capital reduces an investor’s adjusted cost base. Capital gains taxes are deferred until units are sold or until their ACB goes below zero. Investors should not confuse this cash-flow distribution with a fund’s rate of return or yield.
This Website can be accessed from countries other than Canada and may contain references to prospectuses or similar documents which have not been registered in your country. These references do not imply that Trebuchet intends to offer securities in your country. Prospective investors who are not resident in Canada should consult with their advisor to determine if our investment funds or pools may be lawfully sold in their jurisdiction.
No Investment Recommendations or Professional Advice
Trebuchet does not provide tax, legal, insurance or investment advice. Our communications, websites and tweets are not to be construed as a public offering to sell, or a solicitation of an offer to buy securities. Information is for review purposes only, and investors should consult their registered Investment Advisor for complete details and risk factors on specific strategies and various investment products, prior to making any investment decision.
The Website is provided on an “as is” basis. Trebuchet does not warrant that the Website will be uninterrupted or error-free. Trebuchet does not warrant or make any representations or claims of any kind, either express or implied, as to the validity, correctness, currency or otherwise of the information (including any software, text or graphics). There may be delays, omissions, and interruptions in the availability of the Website. Where permitted by law you acknowledge that the Website is provided without any warranties of any kind whatsoever, either express or implied warranties of merchantability and fitness for a particular purpose. Use of this Website is as your own risk.
The information published on this Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Trebuchet may make improvements and/or changes in this Website at any time. Information on this Website is for information purposes only and is not intended to provide financial, legal, accounting or tax advice and should not be relied upon in that regard.
This Website may contain certain information that is forward-looking and is subject to important risks and uncertainties. The words “anticipate”, “expect”, “believe”, “may”, “should”, “estimate”, “project”, “outlook”, “forecast” or other similar words are used to identify such forward-looking information. Forward-looking statements in this Website are intended to provide Trebuchet security holders and potential investors with information regarding Trebuchet and its subsidiaries, including management’s assessment of Trebuchet’s financial and operations plans and outlook. Forward-looking statements in the investor relations materials on this Website may include, among others, statements regarding the anticipated business prospects and financial performance of Trebuchet and its subsidiaries, expectations or projections about the future, and strategies and goals for growth and expansion. All forward-looking statements reflect Trebuchet’s beliefs and assumptions based on information available at the time the statements were made. Actual results or events may differ from those predicted in these forward-looking statements. Factors that could cause actual results or events to differ materially from current expectations include, among others, the ability of Trebuchet to successfully implement its strategic initiatives and whether such strategic initiatives will yield the expected benefits, and other real estate industry issues. By its nature, forward looking information is subject to various risks and uncertainties, which could cause Trebuchet’s actual results and experience to differ materially from the anticipated results or expectations expressed. Readers are cautioned to not place undue reliance on this forward looking information, which is given as of the date it is expressed in this Website or otherwise, and to not use future-oriented information or financial outlooks for anything other than their intended purpose. Trebuchet undertakes no obligation to update publicly or revise any forward-looking information, whether as a result of new information, future events or otherwise, except as required by law.
A preliminary offering document (Limited Partnership Agreement (LPA), Indenture Document) containing important information relating to the Units has not yet been filed with the securities regulatory authorities in each of the provinces of Canada. A copy of the final offering documents is required to be delivered to any investor that received this document and expressed an interest in acquiring the Units via the reservation form on this site. There will not be any sale or any acceptance of an offer to buy the Units until a receipt for the final offering documents has been issued.
This document does not provide full disclosure of all material facts relating to the Units. Investors should read the any preliminary offering documents, the final offering memorandum and any amendment for disclosure of those facts, especially risk factors relating to the Units, before making an investment decision.
We want to provide you with information about a proposed initial public offering of securities. Before we can provide you with this information, you must confirm by checking this box on the information form:
- You agree to receive certain confidential information about a proposed securities offering by Trebuchet or its related entities.
- You agree to keep the information about the proposed offering confidential and not to use the information for any purpose other than assessing your interest in the offering, until the earlier of
- the information being generally disclosed in a preliminary indenture, LPA or final offering document or otherwise, or
- the issuer confirming in writing that it will not be pursuing the potential offering.”
We may modify these Terms and Conditions of use of this Website from time to time. If you do not agree to any modifications, you should terminate your use of the Website. Your continued use of the Website now, or following the posting of any revised Terms and Conditions of use of this Website, will constitute a binding acceptance by you of the Terms and Conditions of use of this Website as they may be modified from time to time.
All material on this Website belongs to Trebuchet or third parties, and is protected under the copyright laws and trademark laws of Canada and other applicable jurisdictions. Materials such as text, photographs, and other images and sound on this Website are protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by, or licensed to, Trebuchet The material on this Website may not be reproduced, published, transmitted or distributed without written permission from Trebuchet. Trebuchet will, however, allow visitors to the Website to make a single copy of materials published on this Website for their personal, non-commercial use provided that the material is not modified and that copyright, trademark and other proprietary notices are not deleted.
Except as otherwise noted, the trademarks, service marks, logos, icons, designs, names and trade names displayed on this Website are the trademarks and logos of Trebuchet and may not be used in any way or for any purpose without the written consent of Trebuchet Written consent is also required to use any trademarks of third parties displayed on this site. For clarity, no license to use any Trebuchet or third party trademarks or other names is granted on this Website.
Any unauthorized use of the material on this Website including re-publication, unauthorized downloading, retransmission, copying, modification, or other exploitation of this Website or the information on this Website may violate copyright, trademark and other intellectual property laws and may result in legal action. In addition, you may not hyperlink or frame this Website without the prior written consent of Trebuchet.
All materials contained on this site are protected by Canada copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Trebuchet Capital Partners or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
Links to Web sites other than those owned by Trebuchet Capital Partners are offered as a service to readers. The staff of Trebuchet Capital Partners was not involved in their production and is not responsible for their content.
This Website may contain links to other sites. Trebuchet does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, Trebuchet is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Trebuchet is affiliated or associated with same. Trebuchet does not recommend or endorse any of the content including without limitation any hyper-links to or content found on other websites. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.
Limitation of Liability
In no event will Trebuchet, its affiliates, officers, employees, directors or agents, be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to damages for lost revenue, lost or damaged data, costs or other commercial or economic loss, whether based in contract, tort or any other theory of liability, arising out of your access to, use of, reliance on, inability to use or misuse of this Website or any material on the Website, any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from this Website, or any consequences flowing therefrom, any inaccuracy or omission in information contained on this Website or the failure to keep the information current, any Internet software used in connection with this Website or computer viruses or other destructive programs encountered as a result of using this Website, and any other matter connected with this Website even if Trebuchet has been advised of the possibility of such damages or claim.
Laws of Alberta
This website (excluding linked sites) is controlled by Trebuchet from its offices within the Province of Alberta, Canada. By accessing this website you and Trebuchet agree that all matters relating to your access to or use of, this website shall be governed by the statutes and laws of the Province of Alberta, without regard to the conflicts of laws principles thereof.
Accredited Investor Criteria
Accredited Investor Criteria (as defined under the Canadian Securities Administrator’s National Instrument 45-106)
(a) Except for a Subscriber resident in Ontario, a Canadian financial institution, or a Schedule III bank. For a Subscriber resident in Ontario, a financial institution described in paragraph 1, 2 or 3 of subsection 73.1(1) of the Securities Act (Ontario).
(b) The Business Development Bank of Canada incorporated under the Business Development Bank of Canada Act (Canada).
(c) A subsidiary of a person referred to in either paragraph (a) or (b), if the person owns all of the voting securities of the subsidiary, except the voting securities required by law to be owned by directors of that subsidiary.
(d) A person registered under the securities legislation of a jurisdiction as an adviser or dealer.
(e) An individual registered under the securities legislation of a jurisdiction as a representative of a person referred to in paragraph (d).
(e.1) An individual formerly registered under the securities legislation of a jurisdiction, other than an individual formerly registered as a representative of a limited market dealer under one or both of the Securities Act (Ontario) or the Securities Act (Newfoundland and Labrador).
(f) The Government of Canada or a jurisdiction, or any crown corporation, agency or wholly owned entity of the Government of Canada or a jurisdiction.
(g) A municipality, public board or commission in Canada and a metropolitan community, school board, the Comité de gestion de la taxe scolaire de l’île de Montréal or an intermunicipal management board in Québec.
(h) Any national, federal, state, provincial, territorial or municipal government of or in any foreign jurisdiction, or any agency of that government.
(i) A pension fund that is regulated by the Office of the Superintendent of Financial Institutions (Canada), a pension commission or similar regulatory authority of a jurisdiction.
(j) An individual who, alone or with a spouse, beneficially owns financial assets having an aggregate realizable value that, before taxes but net of any related liabilities, exceeds $1,000,000.
(j.1) An individual who beneficially owns financial assets having an aggregate realizable value that, before taxes but net of any related liabilities, exceeds $5,000,000.
(k) An individual whose net income before taxes exceeded $200,000 in each of the two most recent calendar years or whose net income before taxes combined with that of a spouse exceeded $300,000 in each of the two most recent calendar years and who, in either case, reasonably expects to exceed that net income level in the current calendar year.
(l) An individual who, alone or with a spouse, has net assets of at least $5,000,000.
(m) A person, other than an individual or an investment fund, that has net assets of at least $5,000,000 as shown on its most recently prepared financial statements.
(n) An investment fund that distributes or has distributed its securities only to (i) a person that was an accredited investor at the time of the distribution, (ii) a person that acquires or acquired securities in the circumstances referred to in sections 2.10 or 2.19 of NI 45-106, or (iii) a person described in paragraph (i) or (ii) that acquires or acquired securities under section 2.18 of NI 45-106.
(o) An investment fund that distributes or has distributed securities under a prospectus in a jurisdiction for which the regulator or, in Quebec, the securities regulatory authority, has issued a receipt.
(p) A trust company or trust corporation registered or authorized to carry on business under the Trust and Loan Companies Act (Canada) or under comparable legislation in a jurisdiction or a foreign jurisdiction, acting on behalf of a fully managed account managed by the trust company or trust corporation, as the case may be.
(q) A person acting on behalf of a fully managed account managed by that person, if that person or company is registered or authorized to carry on business as an adviser or the equivalent under the securities legislation of a jurisdiction or a foreign jurisdiction.
(r) A registered charity under the Income Tax Act (Canada) that, in regard to the trade, has obtained advice from an eligibility adviser or from an adviser registered under the securities legislation of the jurisdiction of the registered charity to give advice on the securities being traded.
(s) An entity organized in a foreign jurisdiction that is analogous to any of the entities referred to in paragraphs (a) to (d) or paragraph (i) in form and function;
(t) A person in respect of which all of the owners of interests, direct, indirect or beneficial, except voting securities required by law to be owned by directors, are persons that are accredited investors.
(u) An investment fund that is advised by a person registered as an adviser or a person that is exempt from registration as an adviser.
(v) A person that is recognized or designated by the securities regulatory authority or, except in Ontario and Quebec, the regulator as an accredited investor.
(w) A trust established by an accredited investor for the benefit of the accredited investor’s family members of which a majority of the trustees are accredited investors and all of the beneficiaries are the accredited investor’s spouse, a former spouse of the accredited investors or a parent, grandparent, brother, sister, child or grandchild of the accredited investor, of that accredited investor’s spouse or of that accredited investor’s former spouse.
Certain terms used above are specifically defined by applicable securities legislation, regulation or rules, as follows:
A “Canadian financial institution” is a bank, loan corporation, trust company, insurance company, treasury branch, credit union or caisse populaire that, in each case, is authorized to carry on business in Canada or in a jurisdiction or the Confédération des caisses populaires et d’économique Desjardins du Québec; and provided that for a Subscriber resident in Prince Edward Island that is a loan corporation or trust company, such loan corporation or trust company must be authorized or registered under the Trust and Loan Companies Act (Canada) or under comparable legislation in another jurisdiction.
An “eligibility adviser” is (a) a person that is registered as an investment dealer and authorized to give advice with respect to the type of security being distributed, and (b) in Saskatchewan or Manitoba, also means a lawyer who is a practicing member in good standing with a law society of a jurisdiction of Canada or a public accountant who is a member in good standing of an institute or association of chartered accountants, certified general accountants or certified management accountants in a jurisdiction of Canada, provided that the lawyer or public accountant (i) does not have a professional, business or personal relationship with the issuer or any of its directors, executive officers, founders or control persons, and (ii) has not acted for or been retained personally or otherwise as an employee, executive officer, director, associate or partner of a person or company that has acted for or been retained by the issuer or any of its directors, executive officers, founders or control persons within the previous 12 months.
“Financial assets” are (a) cash, (b) securities, or (c) a contract of insurance, a deposit or evidence of deposit that is not a security for purposes of securities legislation. For greater certainty, financial assets do not include a principal residence or other real estate.
A “financial institution described in paragraph 1, 2 or 3 of subsection 73.1(1) of the Securities Act (Ontario)” is (1) a bank listed in Schedule 1, II or III to the Bank Act (Canada); (2) an association to which the Cooperative Credit Associations Act (Canada) applies or a central cooperative credit society for which an order has been made under subsection 473(1) of that Act; and (3) a loan corporation, trust company, trust corporation, insurance company, treasury branch, credit union, caisse populaire, financial services cooperative or credit union league or federation that is authorized by a statute of Canada or Ontario to carry on business in Canada or Ontario, as the case may be; respectively.
A “foreign jurisdiction” means a country other than Canada or a political subdivision of a country other than Canada.
A “fully managed account” is an account of a client for which the person makes investment decisions if that person has full discretion to trade in securities for the account without requiring the client’s express consent to a transaction.
An “investment fund” is either a mutual fund or a non-redeemable investment fund. A “mutual fund” is an issuer whose primary purpose is to invest monies provided by securityholders and whose securities entitle the holder to receive on demand, or within a specified period of time after demand, an amount computed by reference to the value of a proportionate interest in the whole or in part of the net assets, including a separate fund or trust account, of the issuer. A ‘non-redeemable investment fund” is any issuer (a) whose primary purpose is to invest monies provided by securityholders, and (b) that does not invest (i) for the purpose of exercising or seeking to exercise control of an issuer, other than an issuer which is a mutual fund or a non-redeemable investment fund, or (ii) for the purpose of being actively involved in the management of any issuer in which it invests, other than an issuer that is a mutual fund or a non-redeemable investment fund.
A “jurisdiction” is a province or territory of Canada.
“Net assets” are total assets (including real estate) minus total liabilities (debt). The value attributed to assets should reasonably reflect their estimated fair value. Income tax should be considered a liability if the obligation to pay is outstanding at the time the calculation of net assets is made or would be outstanding when the purchase of Units is to be completed.
“Net income”, for an individual, is as shown on that individual’s income tax return.
A “Schedule III bank” is a bank listed in Schedule III to the Bank Act (Canada).
A “spouse” is (a) an individual who is married to another individual and is not living separate and apart within the meaning of the Divorce Act (Canada) from the other individual; (b) an individual who is living with another individual in a marriage-like relationship, including a marriage-like relationship between individuals of the same gender; and an individual resident in Alberta who is referred to in paragraph (a) or (b) or who is an adult independent partner within the meaning of the Adults Independent Relationships Act (Alberta).
A “subsidiary” is an issuer that is controlled directly or indirectly by another issuer and includes a subsidiary of that subsidiary.