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efta-efta01374893DOJ Data Set 10CorrespondenceEFTA Document EFTA01374893
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EFTA DisclosureText extracted via OCR from the original document. May contain errors from the scanning process.
SRLP 102 Alpha Group Capital
required to properly evaluate a potential investment with Siris Capital. You agree, if at any time
you or the organization you represent, as applicable, is not or ceases to be a Qualified Investor, to
inform Skis Capital, to return or destroy any printed materials or other Confidential Information
you have received.
8.
You acknowledge that certain materials included in the Confidential Information
may have been prepared by third parties (such materials, "Third-Parry Materials"), and
acknowledge that while such Third-Party Materials have been obtained from sources believed to
be reliable and current, their accuracy cannot be guaranteed and in certain cases, the Information
contained therein has not been updated through the date hereof. You understand and agree that
neither Siris Capital nor the Fund makes any representation or warranty, express or implied, as to
the accuracy or completeness of the information contained in the Third-Party Materials, and
nothing contained therein should be relied upon as a promise or representation as to past or future
performance of the Fund or other private funds sponsored or managed by Siris Capital (such
private funds, together with the Fund, the "Sires Funds") or any other entity. To the extent that
such Third-Party Materials contain references to the historical performance of Siris Capital, you
agree to consider the information therein only in the broader context of the information prepared
by Siris Capital.
9.
You understand that the Confidential Information does not constitute an offer to
sell or a solicitation of an offer to buy an interest in any security or other investment with Skis
Capital, and no such interest will be offered or sold to any person in any jurisdiction in which such
offer, solicitation, purchase or sale would be unlawful under the securities law of such jurisdiction.
You understand that it is your obligation to familiarize yourself with the applicable securities laws
of my jurisdiction.
10.
You understand that the Confidential Information may contain information
regarding the historical investment returns of Siris Capital and Skis Funds and that there can be
no assurance that any such investments or Siris Funds will continue to generate similar returns, or
that any other investment or Siris Funds will generate comparable returns. You understand and
agree that past performance is not necessarily indicative of future results, and that a broad range
of risk factors could cause the Fund to fail to meet its investment objectives. You understand that
any investment with Siris Capital may yield results that are significantly different from that shown
in the Confidential Information and that proceeding with a potential investment with Skis Capital
may result in the loss of some or all of your invested capital. You understand and agree that prior
to making a commitment to the Fund, you will carefully review the Confidential Information and,
when available, any definitive documents relating to the Fund, including the "Risk Factors" section
of the relevant private placement memorandum.
11.
You acknowledge that you will review Appendix A hereof titled "Legal
Disclaimers and Other Important Information" prior to reviewing any Confidential Information
provided to you and agree that you shall treat all Confidential Information as if all of the provisions
of such Legal Disclaimers and Other Important Information were incorporated directly into each
such document.
12.
This Nondisclosure Agreement is nonassignable and nontransferable by you. You
agree that the laws of the State of New York, without regard to principles of conflict of laws, will
3
KE 47876295.3
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0069832
CONFIDENTIAL
SDNY GM_00216016
EFTA01374893
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