The dissemination of information on the following website may in certain jurisdictions be restricted by law. In addition, access to the information on the following website is limited to actual or prospective holders of the Senior Secured Notes due 2027 (the “Notes”) issued by APCOA Parking Holdings GmbH (such actual or prospective holders, the “Noteholders”), their respective financial advisors, credit rating agencies (including their employees) and credit research analysts. In particular, the information on the following website is not available to, and must not be accessed by, any industry competitor of APCOA Parking Holdings GmbH, any member of the press and/or any person who does not regularly access this type of information in the ordinary course of their employment or who does not otherwise require access to the information provided on the following website in order to perform their ordinary course employment activities.
By proceeding to create an account, you expressly acknowledge and agree to the foregoing restrictions, and further confirm (x) that you are in compliance with all applicable laws in your jurisdiction of incorporation and/or residence (as applicable) insofar as they relate to the access by you to the information on the following website and (y) that you are:
(a) either (i) a “qualified institutional buyer” within the meaning of Rule 144A under the U.S. Securities Act of 1933, as amended (the "Securities Act"); or (ii) located outside the United States and (where applicable) purchasing the Notes in one or more offshore transactions in reliance on Regulation S under the Securities Act (provided that if you are resident in a Member State of the European Economic Area or in the United Kingdom, you are not a “retail investor” (as defined below)); and
(b) either (i) a Noteholder, (ii) the financial advisor of a Noteholder, (iii) an employee of a credit rating agency or (iv) a credit research analyst (and in the case of (iii) and (iv), you regularly access this type of information in the ordinary course of your employment).
For purposes of this disclaimer, a “retail investor” means (x) with respect to a person resident in a Member State of the European Economic Area, a person who is one (or more) of: (i) a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU (as amended, “MiFID II”); (ii) a customer within the meaning of Directive 2016/97/EU (as amended, the “Insurance Distribution Directive”), where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II; or (iii) not a “qualified investor” as defined in Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 (as amended, the “Prospectus Regulation”) and (y) with respect to a person resident in the United Kingdom, a person who is one (or more) of: (i) a retail client, as defined in point (8) of Article 2 of Regulation (EU) No 2017/565 as it forms part of domestic law by virtue of the European Union (Withdrawal) Act 2018 (the “EUWA”); (ii) a customer within the meaning of the provisions of the Financial Services and Markets Act 2000 (“FSMA”) and any rules or regulations made under the FSMA to implement the Insurance Distribution Directive, where that customer would not qualify as a professional client, as defined in point (8) of Article 2(1) of Regulation (EU) No 600/2014 as it forms part of UK domestic law by virtue of the EUWA; or (iii) not a “qualified investor” as defined in Article 2 of the Prospectus Regulation as it forms part of UK domestic law by virtue of the EUWA.
