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All persons using or accessing this site accept and agree to comply with the terms, conditions, and agreements in these Terms of Use. This Notice and these terms, conditions, and agreements form a complete agreement between you and Bardin Hill Investment Partners LP (BHIP) and its affiliates (together with BHIP, Bardin Hill). Using and accessing this site constitute your acceptance of the terms, conditions, and agreements in their current form as of the latest date of your access or use of this site. If you do not agree to such terms, conditions, or agreements, you must immediately and forever discontinue using or accessing this site. Please review these terms, conditions, and agreements, and please contact Bardin Hill should you have any questions concerning your obligations.
Proprietary Information
The information presented here is Bardin Hill’s proprietary information. Any disclosure, reproduction, distribution, or other use without the consent of Bardin Hill is strictly prohibited. All information on this site remains subject to Bardin Hill’s rights pursuant to applicable copyright, patent, and other intellectual property laws and regulations. All information remains subject to all relevant copyright laws.
Information
No Representation
Bardin Hill makes no expressed or implied representation or warranty, including no warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property and proprietary rights, and assumes no responsibility for the accuracy, reliability, or completeness of the information on this site. Bardin Hill is under no obligation or responsibility to update or correct any information on this site.
No Liability
Bardin Hill disclaims and you release it from all liability, including consequential and punitive damages, arising from your using or accessing this site or from your reliance on any information on this site. The illegality, invalidity, or unenforceability of any term or condition under the law of any jurisdiction will not affect its legality, validity, or enforceability under the law of any other jurisdiction, nor the legality, validity, or enforceability of any other provision. If any portion of any term, condition, or agreement in these Terms of Use is held to be unenforceable for any reason, the parties agree that such term, condition, or agreement will be interpreted to extend only to the maximum extent in all respects as to which it may be enforceable, as determined by the court or arbitrator making such determination and, in its reduced form, such term, condition, or agreement will then be enforceable, but such reduced form of term, condition, or agreement will only apply with respect to the operation of such term, condition, or agreement in the particular jurisdiction in or for which such adjudication is made. The terms, conditions, and agreements contained herein each constitute a series of separate terms, conditions, and agreements, one for each applicable state, territory, or possession of the United States and for the District of Columbia, and one for each applicable foreign country, each of which is distinct and severable. If and to the extent that a court or arbitrator is unable, as a matter of law, to reform or modify any portion of any term, condition, or agreement as contemplated herein, or in the event a court or arbitrator holds unenforceable any of the separate terms, conditions, agreements deemed included herein, then such unenforceable terms, conditions, or agreements will be deemed eliminated from the provisions herein for the purpose of such proceeding to the extent necessary to permit the remaining separate terms, conditions, or agreements to be enforced in such proceeding.
No Offer
None of the information or materials contained on this site should be construed as providing any type of investment or other advice. This site contains general information about Bardin Hill. This site is neither an offer to sell nor a solicitation of an offer to purchase interests in any fund or investment product. Offers and sales will be made only pursuant to a confidential private placement memorandum, complete documentation of the relevant investment opportunity, and in accordance with the applicable securities laws, and this site is qualified in its entirety by reference to such documentation, including the risk factors and potential conflicts of interest disclosures set forth therein.
Investment Performance and Risks
There can be no guarantee that any investment objective can or will be reached. Bardin Hill’s investment performance may be volatile. Any investment with Bardin Hill is speculative and involves a high degree of risk, thus an investor could lose all or a substantial amount of their investment. There is no secondary market nor is one expected to develop for investments in products managed by Bardin Hill. There may be restrictions on transferring investments made with Bardin Hill. Bardin Hill may use leverage in connection with its investment programs, which may result in greater losses to the investors. Past performance is no indication of future results.
Privacy
Bardin Hill reserves the right to monitor and record activity on this site for any and all or no reason and to take all actions it deems necessary or appropriate in its sole discretion. Bardin Hill, however, has no obligation to do so. Bardin Hill will at all times abide by its Privacy Policy.
Jurisdiction and Governing Law
Any dispute concerning any matter herein, including the validity, termination, or enforceability of the terms, conditions, or agreements herein, shall be governed by and interpreted according to the substantive laws of the state of New York without regard for its choice of law or conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York and the courts of the State of New York located in the County of New York for any such dispute.
Regulatory Oversight
Bardin Hill and certain of its affiliated managers are SEC-registered investment advisers and maintain their registered office at C/O Maples Fiduciary Services (Delaware) LLC, Suite 302, 4001 Kennett Pike, Wilmington, DE 19807 and their principal place of business at 299 Park Avenue, 24th Floor, New York, NY 10171.
Sustainable Finance Disclosures
The following definitions shall be used In this "Sustainable Finance Disclosures" section.
ESG means environmental, social and governance;
SFDR or Disclosure Regulation means Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector, as may be amended, supplemented, consolidated, substituted in any form or otherwise modified from time to time;
Sustainability Factors means environmental, social and employee matters, respect for human rights, anti-corruption and anti-bribery matters;
Sustainable Investment means an investment in an economic activity that contributes to an environmental objective, as measured, for example, by key resource efficiency indicators on (i) the use of energy, (ii) renewable energy, (iii) raw materials, (iv) water and land, (v) the production of waste, (vi) greenhouse gas emissions, or (vii) its impact on biodiversity and the circular economy, or an investment in an economic activity that contributes to a social objective (in particular an investment that contributes to tackling inequality or that fosters social cohesion, social integration and labor relations), or an investment in human capital or economically or socially disadvantaged communities, provided that such investments do not significantly harm any of those objectives and that the investee companies follow good governance practices, in particular with respect to sound management structures, employee relations, remuneration of staff and tax compliance;
Sustainability Risk means an environmental, social or governance event or condition that, if it occurs, could cause an actual or a potential material negative impact on the value of an investment, including but not limited to, risks stemming from climate change, natural resource depletion, environmental degradation, human rights abuses, bribery, corruption and social and employee matters;
Bardin Hill Investment Partners LP (the “Investment Manager”) recognizes that Sustainability Risks, were they to occur, could have a material negative impact on the value of an investment, and may affect the risk-adjusted returns of funds managed by the Investment Manager in varying ways and to varying degrees depending on the underlying investments. The Investment Manager, therefore, evaluates and integrates Sustainability Risk and other relevant ESG factors at multiple stages throughout the investment process, beginning with initial due diligence (pre-investment) and continuing during the lifecycle of an investment, where Sustainability Risks may become relevant due to changes in operating conditions, changes in law or policy, market expectation, new information or research and other developments. The significance of Sustainability Risks to an investment is assessed in the context of the relevant underlying asset, including its overall risk and return profile. Other relevant considerations include the level of intended or actual control or influence exercised by the Investment Manager over the investee company.
In identifying and assessing sustainability risks, the Investment Manager uses a number of methods, including specialist due-diligence and research tools and service providers and direct engagement with investee companies and their management. The Investment Manager’s engagement with the management of investee companies varies depending on the level of control or influence exercised.
Strategically significant Sustainability Risk and ESG factors and opportunities vary by industry, sector, and within industries. The Investment Manager believes that its inclusion of ESG risks and opportunities in its investment analysis and decisions enhances both risk management as well as the investment process. In addition to allowing the Investment Manager to be a better global citizen by engaging in responsible investment practices, from its perspective, it is a way of driving value. Identification of one or more Sustainability Risks alone will not generally preclude the Investment Manager from pursuing an investment where such investment is otherwise assessed to meet the investment criteria, including where such Sustainability Risks can be appropriately monitored and managed. However, there may be circumstances where the Sustainability Risks are overwhelmingly detrimental to the potential performance of an underlying investment and the Investment Manager may cease to pursue the opportunity further. For more details on how Sustainability Risk and other relevant ESG factors are integrated into the investment process, please reach out to the Investment Managers Investor Relations at IR@bardinhill.com.
Consideration of Principal Adverse Impacts of Investment Decisions on Sustainability Factors
The Investment Manager does not currently consider the principal adverse impacts of investment decisions on Sustainability Factors for the purposes of Article 7 of the SFDR as the detailed rules and guidance regarding such disclosure have not been formally adopted, and given the lack of accessible, relevant and comparable data. The Investment Manager may seek to adhere to best practices where and to the extent appropriate to its business, and will periodically evalulate information available to it.
Investment Manager’s Remuneration Policy
The Investment Manager’s remuneration policy includes a broad range of factors considered in order to determine the appropriate level of remuneration for an employee. However, sustainability risk is not considered as a discrete and separate performance component but rather assessed as part of the wider risk performance of an investment, and the employees contribution to identifying, managing and monitoring the risks attendant to investments the selection and management of which the employee is or has been actively involved.