Privacy Policy, Risk Disclosure Disclaimer, Terms of Use

TERMS OF USE

1. ACCEPTANCE OF TERMS

PhenixFIN Corporation (“PhenixFIN,” “we,” “us,” or “our”) welcomes you. We’re excited that you have decided to access the phenixfc.com website (the “Website”). PhenixFIN makes the Website available to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By using the Website, including all content available through the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of PhenixFIN’s Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement.”). If you do not agree to any of these terms, then please do not use the Website.

2. INTELLECTUAL PROPERTY

The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of PhenixFIN (collectively referred to as the “PhenixFIN Content”). The PhenixFIN Content is protected under both United States and foreign laws. Unauthorized use of the PhenixFIN Content may violate copyright, trademark, and other laws. You have no rights in or to the PhenixFIN Content, and you will not use the PhenixFIN Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.

The trademarks, service marks, and logos of PhenixFIN (the “PhenixFIN Trademarks”) used and displayed on the Website may be registered and unregistered trademarks or service marks of PhenixFIN. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with PhenixFIN Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of PhenixFIN Trademarks inures to PhenixFIN’s benefit.

3. NO WARRANTIES/LIMITATION OF LIABILITY

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ITS CONTENT ARE NOT INVESTMENT ADVICE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PhenixFIN, its employees, officers, directors, stockholders, agents, consultants, assignees, corporate affiliates, partners, contractors, professional advisors, advertisers, and any and all other individuals and organizations providing services on behalf of PhenixFIN from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Website; and (b) your alleged breach of this Agreement. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

5. EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. PhenixFIN cannot be held responsible for the information, materials, products or services obtained on or from such External Sites, nor will it be liable in any respect whatsoever for any damages arising from your access to such External Sites. If you decide to access linked External Sites, you do so at your own risk. 

6. COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States. We make no claims concerning whether the Website content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

7. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

8. NO OFFER OF SECURITIES

Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to buy any interest in PhenixFIN Corporation or its affiliates. Offers can only be made where lawful under, and in compliance with, applicable law.  Any such offer or solicitation will be separately made only by means of a prospectus satisfying the requirements of federal securities laws.  PhenixFIN makes no representations that transactions or products discussed are available or appropriate for sale or use in all jurisdictions or by all investors.

This website is not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this website should be construed as a recommendation by PhenixFIN Corporation, any of its affiliates or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult with your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

9. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

The Website contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as ‘‘outlook,’’ ‘‘believe,’’ ‘‘expect,’’ ‘‘potential,’’ ‘‘continue,’’ ‘‘may,’’ ‘‘should,’’ ‘‘seek,’’ ‘‘approximately,’’ ‘‘predict,’’ ‘‘intend,’’ ‘‘will,’’ ‘‘plan,’’ ‘‘estimate,’’ ‘‘anticipate’’ or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Past performance is not indicative of future results; no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

RISK DISCLOSURES

PhenixFIN Corporation (the “Company”) is an internally managed, closed-end, business development company.
An investment in the Company is speculative and entails risk. Before making an investment decision, a prospective investor should (i) consider the suitability of this investment with respect to the investor’s investment objectives and (ii) consider factors such as the investor’s investment goals, income, risk tolerance, and time horizon.
There can be no assurance that the Company’s investment objectives will be achieved. An investment in the Company is not appropriate for all investors and is not intended to be a complete investment program. Investors could lose some or all of their investment. Past performance is not indicative of future results.
The Company utilizes both direct and indirect leverage. Direct leverage involves the use of borrowings in an attempt to increase the return of an investment. Indirect leverage occurs because the securities the Company invests in are themselves leveraged. The use of leverage involves risk, including the potential for higher volatility and greater declines of the Company’s NAV, and fluctuations of distributions paid by the Company.
Our investment objective is to generate current income and capital appreciation by lending directly to privately held middle market companies. Our investment portfolio generally consists of senior secured first lien term loans, senior secured second lien term loans, preferred equity and common equity. In connection with some of our investments, we receive warrants or other equity participation features which we believe will increase the total investment returns. These investments are primarily rated below investment grade or are unrated. Investments in below investment grade securities are considered predominantly speculative with respect to the issuer’s capacity to pay interest and repay principal when due.
This website is neither an offer to sell, nor a solicitation of an offer to purchase, any securities in the Company. The Company does not offer to sell its securities on a continuous basis. Any offerings of the Company’s securities, which are typically conducted for a specified time and price, will be made only by means of a prospectus, which should be read carefully before investing. The Company’s prospectus and other filings with the Securities and Exchange Commission (“SEC”) contain information about the Company’s investment objectives, risks, charges and expenses as well as other information about the Company. These filings should be read carefully before investing. The Company’s filings with the SEC may be found on the SEC’s (www.sec.gov) or at https://medleycapitalcorp.gcs-web.com/financial-information/sec-filings/
This website’s content is for informational purposes only and does not constitute advice, a recommendation or an offer to enter into any transaction with the Company or any other fund. The Company does not provide tax, accounting, financial, regulatory or legal advice, and all investors are advised to consult with their tax, accounting, financial, legal and/or other professional advisors.

PRIVACY POLICY
Effective as of January 2021
We at PhenixFIN Corporation (“PhenixFIN,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy applies to our information collection and use practices when you visit phenixfc.com (the “Website”). By visiting the Website, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use, both of which govern your use of the Website. In addition to this Privacy Policy, depending on your relationship with PhenixFIN, you may receive and be covered by the PhenixFIN Investor Privacy Policy, other privacy disclosures within account opening documents, and other privacy and security rules, as may be applicable.

The Information We Collect

1. Personal Information

When you visit the Website, we may collect personal information that you provide via forms, surveys, applications, or other online fields (collectively, the “Personal Information”). We do not collect any Personal Information from you when you visit the Website unless you provide us with the Personal Information.

2. Other Information

In addition to the Personal Information noted above that you voluntarily provide to us, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:

     a.     From Your Activity. Information that we or our technology providers may automatically collect when you visit the Website, such as your IP addresses, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, number of links you click while in the Website, and similar information concerning your use of the Website.

     b.     From Cookies. Information that we or our technology providers may collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We may use cookies to help us collect Other Information and to enhance your experience using the Website. If you do not want the Website to place a cookie on your hard drive, you may be able to turn that feature off on your computer. Please consult your Internet browser’s documentation for information on how to do this. However, if you decide not to accept cookies from our Website, the Website may not function properly.

Accessing and Modifying Information

If you have provided us any Personal Information, you may access, review, and make changes to your Personal Information by sending an email to our support attendants at info@phenixfc.com. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

How We Use and Share the Information

We use the Personal Information and the Other Information to provide our services to you, to solicit your feedback, and to inform you about our products and services. We will never share, sell, rent, or vend your Personal Information to any third party for marketing purposes.

We may use and/or share Personal Information and/or Other Information as described below.

• We may disclose your Personal Information at your instruction or with your prior consent.
• We may disclose your Personal Information to our affiliates (i.e., companies related to PhenixFIN by common ownership or control) for specific business purposes, the performance of a service function, or in order to take an action authorized by or at your direction.
• We may employ other companies and individuals to perform functions on our behalf. Examples may include providing customer service and technical assistance with the Website. These other companies will have access to the Personal Information and/or Other Information only as necessary to perform their functions and to the extent permitted by law.
• In an ongoing effort to better understand our users and our products and services, we may analyze the Other Information in aggregate form in order to operate, maintain, manage, and improve the Website and/or our products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
• If we or any of our affiliated companies (or all or substantially all of our assets or the assets of any of our affiliated companies) are acquired, we expect that the Personal Information and the Other Information would be transferred along with the other business assets.
• To the extent permitted by law, we may also disclose the Personal Information and the Other Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of PhenixFIN or others.

How We Protect Your Information

We strive to maintain reasonable physical, electronic, and procedural safeguards to secure the Personal Information and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, we are unable to guarantee that security measures we take will not be penetrated or compromised or that such information will remain secure under all circumstances.
Important Notice to Non-U.S. Residents

The Website is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Website and/or providing us with any information, you consent to this transfer.
External Websites

The Website may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the Website as soon as they go into effect. By accessing the Website after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.
How to Contact Us

If you have questions about this Privacy Policy, please e-mail us at info@phenixfc.com, call us at 212-859-0390, or write to us at:

PhenixFIN Corporation
445 Park Avenue
9th Floor
New York, NY 10022