© 2019 by LHGP Asset Management

Confidentiality 

Introduction

The Investor Portal section of the OGEF website acts as a channel for providing portfolio, fund operations and governance information to various stakeholders in the Fund, including Lenders and Limited Partners. Access is granted to these stakeholders by means of a password protected account on request.  Users are welcome to review and download various fund documents.

Limited Partner Obligations

As a reminder, the confidentiality obligations applicable to the Limited Partners under the Limited Partnership Agreement governing the overall Fund operations is as follows (clause 21.3):

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Until the final liquidation of the Fund, each Partner shall keep confidential and shall not disclose without the prior, written consent of the General Partner any information that is designated by the General Partner to such Partner in writing as confidential, with respect to the Fund, any Portfolio Borrower or any Affiliate of any Portfolio Borrower, provided that a Partner may disclose any such information:

  1. to any other Partner or representative thereof;

  2. as has become generally available to the public other than as a result of the breach of this clause 21.3 (Confidentiality) by such Partner or any agent or Affiliate of such Partner;

  3. as may be required or as may be appropriate to be included in any report, statement or testimony required to be submitted to any municipal, state or national regulatory body having jurisdiction over such Partner;

  4. as may be required by any applicable law;

  5. to the extent necessary to exercise or assert any rights that such Partner may have at law or pursuant to this Agreement, its Side Letter;

  6. to the extent necessary to comply with any law, order, regulation, ruling or governmental request applicable to such Partner;

  7. to its employees and professional advisors, so long as such Persons are bound by duties of confidentiality in respect thereof; and

  8. as may be required in connection with an audit by any taxing authority, notwithstanding that this shall not limit the disclosure of the tax treatment or tax structure of the Fund (or any transactions undertaken by the Fund).

Notification 

All documents, links and other materials shared with Lenders and Limited Partners through the investor portal are provided on a confidential basis regardless of watermarks or other indications. By ticking the box to request an account you confirm that:

  • You acknowledge that all information is provided on a confidential basis; and

  • If you represent a Lender, the Lender agrees to be bound by the confidentiality obligations set out above on the same basis as if it were a Partner under the Limited Partnership Agreement.