Disclaimer and
Non-Disclosure
This information has been prepared solely to determine preliminary investor interest in the Fund, and may not be used or relied upon in connection with any offer or solicitation, with respect to the Fund or any other future investment entity organized by Kite Equity LLC, Kite Equity Fund I, L.P. or any of its affiliates (together with its affiliates, "Kite Equity"). Prospective investors are not to construe the contents of this presentation or any prior or subsequent communications from the Fund or Kite Equity, as legal, business, financial, tax or other advice.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
This information is confidential and proprietary information of Kite Equity. By accepting, reviewing, or retaining this presentation, you (the "Recipient") acknowledge and agree to the following terms:
Confidential Information: All information contained in this presentation, including but not limited to investment strategies, financial data, business plans, portfolio information, and any other materials provided by Kite Equity (collectively, "Confidential Information"), is proprietary and confidential.
Non-Disclosure Obligations: The Recipient agrees to:
Maintain the Confidential Information in strict confidence
Not disclose, reveal, or distribute any Confidential Information to any third party without prior written consent from Kite Equity
Limit access to the Confidential Information only to the Recipient's employees, advisors, and affiliates who have a legitimate need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein
Use the Confidential Information solely for the purpose of evaluating a potential investment in the Fund
Permitted Disclosures: The Recipient may disclose Confidential Information only:
As required by applicable law, regulation, or court order (provided that the Recipient gives Kite Equity prompt written notice of such requirement to allow Kite Equity to seek a protective order or other appropriate remedy)
To the Recipient's legal, financial, and tax advisors who are bound by professional confidentiality obligations
Return or Destruction: Upon request from Kite Equity, or upon deciding not to pursue an investment in the Fund, the Recipient will promptly return or destroy all Confidential Information and all copies thereof (in any form or medium) and provide written certification of such destruction if requested.
No Waiver of Rights: Nothing in this presentation or the acceptance thereof shall constitute a waiver of Kite Equity's rights to protect its Confidential Information, including but not limited to seeking injunctive relief.
Duration: These confidentiality obligations shall remain in effect for a period of ten (10) years from the date of receipt of this presentation, or until the information becomes publicly available through no fault of the Recipient.
By proceeding to review this presentation, you acknowledge that you have read, understood, and agree to be bound by these confidentiality terms.
An offer or solicitation with respect to the Fund, if made, will be made only through a Confidential Offering Memorandum (the "Memorandum") and the limited partnership agreement and subscription agreement of the Fund. The Memorandum will be available to accredited investors upon request. The information in this presentation is qualified in its entirety by reference to the Memorandum and these agreements for the Fund. The information in this presentation is intended to be current only as of the date of this presentation, and all of the information presented herein is subject to change without notice to you or any other recipient hereof. Certain of the economic and financial market information contained herein has been obtained from published sources and/or prepared by other parties. While such sources are believed to be reliable, none of the Fund, Kite Equity, or any other person assumes any responsibility for the accuracy or completeness of such information, and no representation or warranty is made with respect thereto.
Any projections or other forecasts or targeted returns contained herein are based on subjective estimates and assumptions about circumstances and events that have not yet taken place, may never take place, and are subject to material variation. While these estimates and assumptions are believed reasonable, targeted or potential performance results may not be achieved and there can be no assurance that the Fund or investors in the Fund will achieve favorable results. Furthermore, this presentation contains "forward-looking" statements that are not statements of historical fact and may be identified by words such as "believes," "anticipates," "plans," "expects," "will," "targets," and similar expressions. There are a number of important factors that could cause the results of outstanding and future investments, within and outside of the Fund, to differ materially from those indicated by these forward-looking statements, including factors set forth in the "Certain Risk Factors and Potential Conflicts of Interest" section of this presentation and risks described in the Memorandum.
Investment in the Fund will involve significant risks, including risks of loss of the entire investment. Investors should have the financial ability and willingness to accept the risk characteristics of interests in the Fund and the Fund's investments.