This notice applies to information relating to any company or other undertaking or business advertised for sale or for any other purpose by The Exit Advisor (a ‘Business’).
The information supplied by The Exit Advisor in an information memorandum, or on a website, or in any other promotional material (the ‘Information’), is not and is not intended to constitute an offer or invitation in respect of the Business or any assets of the Business or of the shares of any company which owns the Business. The Information is being distributed on the basis that any proposed transaction will be one falling within Article 62(2) (Sale of a body corporate) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (SI 2005/1529). The purpose of the Information is to assist the recipient in deciding whether it wishes to proceed with a further investigation of the Business and its assets, and in determining the level of any indicative offer it may wish to make.
Any Information is provided with the understanding that The Exit Advisor is not engaged in rendering legal, accounting, tax or any other professional advice service. For the avoidance of doubt, there is no intention to create a legal relationship and the Information shall not form the basis of any contract. Any prospective purchaser of any Business shall be required to enter into a written contract for sale and purchase of that Business which acknowledges that it has not relied on, or been induced to enter into such an agreement by, any representation, warranty, assurance or undertaking save as expressly set out in that agreement. The Information provided is not intended to address any particular requirement. Further, the Information does not constitute any form of advice, recommendation, representation, endorsement or arrangement by The Exit Advisor and is not intended to be relied upon in making (or refraining from making) any specific decisions.
Any agreements, transactions or other arrangements made between any party and any client of The Exit Advisor are at their sole risk and responsibility. The Information, which does not purport to be comprehensive, has been provided by the prospective sellers of the relevant Business. The Exit Advisor is not responsible for any errors or omissions contained in the Information and the Information has not been independently verified. While the Information has been prepared in good faith, no representation, warranty, assurance or undertaking (express or implied) is or will be made, and no responsibility or liability is or will be accepted by The Exit Advisor , the Business or any of their respective officers, employees or agents in relation to the adequacy, accuracy, completeness or reasonableness of the Information, or of any other information (whether written or oral), notice or document supplied or otherwise made available to any interested party or its advisers in connection with any proposed transaction in relation to a Business. All and any such responsibility and liability is expressly disclaimed. The recipient acknowledges and agrees that no person has, nor is held out as having, any authority to give any statement, warranty, representation, assurance or undertaking on behalf of the Business in connection with any proposed transaction.
Any party must carry out its own due diligence and satisfy itself as to the accuracy of all matters. Appropriate professional, legal and accountancy advice should be obtained before making or refraining from making any decision.
The Exit Advisor gives no undertaking to provide the recipient with access to any additional information, or to correct any inaccuracies, which may become apparent.
In the case of the sale of shares in a Business, the Information has been prepared on the basis that the shares will consist of or include more than 50% of the voting shares and that both the seller and the buyer is either a body corporate, a partnership, a single individual or a group of connected individuals so as to fall outside the scope of regulated activities as defined by the Financial Services and Markets Act 2000. If you are considering a transaction which falls within the scope of such regulated activities, you cannot do so through The Exit Advisor .
This document is governed by and shall be construed in accordance with English Law and any dispute arising in connection with it shall be subject to the exclusive jurisdiction of the English courts.
By accepting the Information, the recipient agrees to be bound by the foregoing limitations.
Under no circumstances should the Business be contacted directly. All enquiries relating to the Information or any transaction involving the shares in, or business or assets of, the Business should be directed to The Exit Advisor .