Terms of Use

General

Thank you for visiting the website of Arbor Investments Management, LLC and its affiliates (together, “Arbor”, “we”, “us” or “our”). By accessing and using this website, you accept and agree to be bound by these Terms of Use. You should read these Terms of Use carefully. If you do not accept and agree to be bound by these Terms of Use, do not access or use this website. Arbor may update or modify this website, including these Terms of Use, at any time and your continued access or use of this website after any such update or modification will constitute your acceptance of and agreement to be bound by the updated or modified Terms of Use. Arbor may, at its discretion, discontinue any of the content of this website, or any portion thereof, with or without notice.

No Offer or Advice

This website, including information regarding Arbor’s current and historical portfolio companies, is for general, informational purposes only. This website does not constitute an offer to sell or buy any securities, services or products and may not be relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

Arbor is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940, as amended. Registration of an investment adviser with the SEC does not imply a certain level of skill or training. Further information about Arbor is also available in Arbor’s Form ADV Part 2, filed with the SEC, available at www.adviserinfo.sec.gov.

This website is not to be used or relied upon for any investment purpose whatsoever. Nothing on the website is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs. You are solely responsible for evaluating the risks and merits regarding use of the website and should obtain relevant and specific professional advice before making any investment decisions.

Performance Data

Past performance is not a guarantee of future results and there can be no assurance that any present or future investment will or is likely to achieve comparable results to those achieved in the past, or that significant losses will be avoided.

Portfolio companies described in testimonial videos do not represent all portfolio company investments made by Arbor. Not all of our portfolio investments had the characteristics, prospects, or projected successes highlighted.

Awards and Rankings

Buyouts Magazine. Arbor was recognized for three Deal of the Year Awards by Buyouts magazine: Middle-Market Deal of the Year 2018, Deal of the Year/Middle-Market Deal of the Year 2016 and Small Market Deal of the Year 2011. The Deal of the Year Awards are produced by Buyouts Magazine, which is not affiliated with Arbor. Middle Market Deal of the Year recognizes the sale of a company with an enterprise value at the time of the exit of $200 million up to $1 billion. Deal of the Year recognizes the greatest leveraged buyout exit of the prior year. The award is given to the single deal that stands out for its innovation and execution. The deal can be of any size. Small Market Deal of the Year recognizes the sale of a company with an enterprise value at the time of exit of up to $200 million. Winning entries for all three awards were selected based on origination, innovation, timeliness, financing structure and subsequent refinancings, success of any add-on transactions, operational and personnel improvements and exit.

Private Equity International. Arbor was recognized for an Operational Excellence Award -- Americas by Private Equity International for 2019. Private Equity International is not affiliated with Arbor. Operational Excellence Award – Americas recognizes three firms each year. Firms are eligible with respect to their portfolio companies that were fully or partially realized the prior year. Winning entries were based on operational improvements during the firm’s period of ownership, which may include investment returns as well as changes and initiatives undertaken by the firm’s general partner.

Grady Campbell. Arbor was recognized for The Top 50 PE Firms in the Middle Market by Grady Campbell, Inc for 2019, 2021 and 2022. Grady Campbell is not affiliated with Arbor. The Top 50 PE Firms in the Middle Market recognizes 50 firms with fund sizes of $375MM to $1.25B with a headquarters within the United States. Winning entries were based on firms’ current and historical achievement, growth, significant events, PE-centric innovation, industry contributions and sector leadership.

The M&A Advisor. Arbor was recognized for Consumer Staples Deal Of The Year (Over $100mm) and M&A Deal Of The Year (Between $500mm - $1b) at the 22nd Annual M&A Advisor Awards in 2023, in each case for the sale of Red Collar Pet Foods’ assets. The Annual M&A Advisor Awards are produced by The M&A Advisor, which is not affiliated with Arbor. Consumer Staples Deal Of The Year (Over $100mm) recognizes transactions with enterprise value over $100 million in the consumer staples industry; M&A Deal Of The Year (Between $500mm - $1b) recognizes transactions with enterprise value between $500 million and $1 billion. Winning entries were selected based on deal profile, deal benefits and deal challenges.

PrivateEquityCXO and Falcon Partners. Arbor was recognized as one of the Top 50 Private Equity Firms for Executives by PrivateEquityCXO and Falcon Partners for 2024. PrivateEquityCXO and Falcon Partners are not affiliated with Arbor. Top 50 Private Equity Firms for Executives recognizes firms whose governance style and engagement create an environment that best enables their executives to achieve success. Firms were selected based on the first-hand observations of executives, one-on-one interviews, and a survey of sponsor-backed executives.

Awards and Rankings Generally. Awards and rankings are based upon third-party reviews and opinions and are not indicative, or a guarantee, of Arbor's or any of its portfolio companies' performance. We are not aware of the specific number of advisers and/or deals surveyed in any given year, or the percentage of advisers and/or deals surveyed that received this designation. Arbor did not pay a fee to receive or use these awards, except that Arbor provided compensation to The M&A Advisor in connection with Arbor’s submission for the 22nd Annual M&A Advisor Awards in 2023. These awards may not be representative of any one person's experience. Further, these recognitions are not to be construed as indicative of Arbor's future performance or any person's future experience. These rankings should not be construed as a testimonial regarding Arbor's advisory capabilities and does not necessarily relate to the profitability or performance of its clients.

Videos

This website includes videos featuring several individuals. At the time “Honing a Craft Brand”, “Next Generation Excellence” and “Setting a New Standard” were filmed and at the time such videos were first displayed on Arbor’s website, (a) Tim Fallon was Senior Operating Partner at Arbor and (b) Joe Ennen, Doug Bradshaw, Mike Rodrigue and Yianny Caparos were not employees of Arbor, were not clients of Arbor and were not investors in a private fund advised by Arbor.

Certain statements made in embedded video reflect Arbor’s and portfolio company management's opinions and beliefs regarding the company and the investment. Such opinions and beliefs are subjective, do not represent a complete assessment of the company, the market or Arbor’s overall investment performance and cannot be independently verified. Testimonials and endorsements of portfolio company executives and operating partners are being provided to demonstrate the benefits of working with the Arbor team and not for the purpose of soliciting investors. Executives featured in these videos receive or received a salary and economics from the respective portfolio company. No executives were compensated for their testimonial or endorsement. There is a conflict of interest in these unpaid testimonials and endorsements in that current executives stand to benefit from Arbor's success and, for portfolio company executives specifically, the company to which they are or were employed were portfolio companies of Arbor.

Team Members

Operating Partners and Financial Operations Consultant are not employees of Arbor, except for Tom Halverson. Any compensation or expenses related to any services provided by Operating Partners and Financial Operations Consultant to the Arbor funds’ portfolio companies or prospective portfolio companies will be borne, directly or indirectly, by the applicable portfolio company or prospective portfolio company (or directly by the applicable Arbor fund).

Team Members Dedicated to Operations includes Senior Operating Partner, Operating Partners, and Functional Discipline Team, and excludes from calculation administrative staff. Calculation as of September 30, 2022.

Forward-Looking Statements

Certain information on this website may contain forward-looking statements. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify such forward-looking statements. Forward-looking statements are inherently uncertain and changing factors, such as those affecting the markets generally or those affecting particular industries, may cause events or results to differ from those discussed on this website. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.

No Warranties

We have compiled this site in good faith and while we use reasonable efforts to include accurate and relevant information on this site, the site is provided on an “as is” basis with no warranties of any kind. We do not warrant that the information on the site is accurate, reliable, up-to-date or correct, that this site will be available at any particular time or location, or that this site is free of viruses or other harmful components. Your use of this site and use or reliance upon any of the materials on it is solely at your own risk.

International Use

This site is operated and controlled by us in the United States. Due to the global nature of the Internet, this site may be accessed by users in countries other than the United States. We make no warranties that materials on this site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this site, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

Ownership; Intellectual Property

All content on this website, such as documents, charts, graphics and other materials, is the property of Arbor or others and is protected by copyright and other laws. The Arbor trademarks (whether registered or unregistered), service marks, images, logos and copyrighted material used and displayed on this website, are the property of Arbor. Other trademarks, service marks, images and logos may be owned by other parties, who may or may not be affiliated with Arbor. Nothing on this website shall be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any content on this website without the written permission of our Arbor or such other third party that may own such content. All rights not expressly granted are reserved.

Restrictions on Use

This website may only be used for lawful purposes and in a lawful manner. Our prior permission is required for any commercial use of materials on this site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this website except as explicitly permitted by these terms of use. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using this site. The permission to use this site granted by this terms of use automatically terminates if you breach any of the terms and conditions contained herein.

Limitation of Liability

Arbor, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents are not responsible for any damages or injury, including but not limited to special, indirect, incidental or consequential damages, that result from your use of (or inability to use) this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. You understand and agree that your use of this website is predicated upon your waiver of any right to sue us or our affiliates or any of our or their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents directly or to participate in a suit for any losses or damages resulting from your use of this site.

Linked Sites

This website may provide links to websites operated by other entities. In addition, third-party sites may be linked to this website, with or without Arbor’s consent. Arbor does not review or monitor any websites linked from or to this website and is not responsible for the content of any such websites. Accordingly, Arbor cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Arbor be liable for any damages arising from access to such websites. Any links from or to other websites are provided merely for the convenience of users of this website and the inclusion of these links does not imply an endorsement, representation or warranty by Arbor with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Password and Security Notification

Certain areas of this website are password-protected. You may not attempt to access any password-protected areas of the website without authorization. If you have been issued a password for the website, you agree that Arbor has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.

All information that Arbor provides to website users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient's financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the website, and for logging off any protected areas of the website when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify website immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party's activity related to the Site.

Governing Law

These Terms of Use are governed by the laws of the State of Illinois. Any dispute relating to these Terms of Use shall be brought solely in the state or federal courts located in Chicago, Illinois, and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The failure of Arbor to enforce the strict performance of any provision of these Terms of Use shall not be a waiver by Arbor of its right to subsequently enforce such provision or any other provision or provisions of these Terms of Use.