Terms Of Use

These terms of use (the “Terms of Use”) constitute a legally binding agreement between Marathon Asset Management, LP (“Marathon”, “we”, “our” or “us”) and you, the user of the Marathon website (the “Website”). By accessing the Website, you acknowledge that you have read and agree to the Terms of Use. The Terms of Use govern your use of the Website. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, please do not use the Website.

Marathon reserves the right to amend the Terms of Use in its sole discretion at any time. Marathon will post any changes to the Terms of Use on the Website, and changes shall be effective immediately upon posting. We recommend that you re-visit the Website on occasion to learn of any revised terms or policies. Your continued use of the Website after any such changes constitutes your acceptance of the new terms and policies.

Use of the Website

Your right to access and use the Website is limited solely for the purpose of evaluating a potential business relationship with Marathon or for internal business purposes in furtherance of an existing business relationship with Marathon. Without limiting the foregoing, as a condition of your right to access the Website under the Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

Use the Website for any commercial purpose or for the benefit of any third party;
Frame or hyperlink the Website or any portion thereof without the prior written consent of Marathon;
Remove any proprietary notices from the Website or any copy thereof;
Attempt to decompile, reverse engineer or hack the Website or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Marathon with respect to the Website and/or data transmitted, processed or stored by Marathon; or
Use the Website for any illegal or fraudulent purpose.

Regulatory Disclosures

The content of this Website is for general, informational purposes. Marathon does not make any representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security. Such offer or solicitation may only be made pursuant to the current offering documents for the relevant Marathon Fund (the “Fund”) which may only be provided to qualified purchasers as defined under the Securities Act of 1933 and the Investment Company Act of 1940. While the information provided herein is believed to be accurate and reliable, Marathon and its employees make no express warranty as to its completeness or accuracy.

Although the Website may include investment-related information, nothing on the Website is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Website is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Website is intended to be, and you should not consider anything on the Website to be investment, accounting, tax, legal or other professional advice. The information provided on this Website may not be reproduced, distributed or communicated, in whole or in part, to any third party without the express written consent of Marathon.

This Website includes information regarding historical Marathon investments. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to Marathon's past investments should not be construed as a recommendation of any particular investment or security. Any past performance information on the Website, including the Investor Website (as defined below), is not necessarily indicative, or a guarantee, of future results.

The Website may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of Marathon. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance of the relevant Fund (or any other entity referred to on the Website) may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.

The selection of Marathon Asset Management to receive the 2022 Private Debt Investor Award of the Year was based, in part, by subjective criteria and may not be representative of any given client's experience. The award should not be viewed as indicative of Marathon Asset Management's past or future performance. Awarded March 1, 2023.

Videos by Marathon contain the opinions of Marathon personnel. Marathon makes no representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information in these videos. It should not be assumed that the investment strategies discussed in these videos were profitable or that future investments or experiences will be comparable. Past performance is not necessarily indicative, or a guarantee, of future results. Under no circumstances should these videos be construed as an offer to sell, or a solicitation to buy, any security or as opinions regarding the provision of investment advisory services by Marathon. The titles as represented reflect individual roles and work at the time of filming and not necessarily indicative of current or future positions.

Environmental, Social, and Governance (ESG)

At Marathon, we believe that our understanding of Environmental, Social, and Governance (ESG) factors within the investing universe and in our own operations is essential to demonstrating value for our clients, employees, and stakeholders. As a signatory of the Principles for Responsible Investment (PRI), we are committed to upholding the PRI's six principles and maintaining a culture that understands deeply the importance and value of investing responsibly and incorporating ESG factors into decision-making. We will monitor and update our ESG-related policies and practices as needed to ensure that we are maintaining best practices aligned with global ESG trends. To learn more about our ESG commitments, please see our current ESG Policy.

Sources

Assets Under Management (“AUM”), employees, credit assets invested, and various transaction metrics are as of 12/31/2023. Marathon's AUM generally represents AUM Marathon manages based on US GAAP plus unfunded commitment amounts as of the measurement date.

Source PPIP #1 Net MOIC - Treasury.gov

Password Protected Investor Website

If you have received a password to access information provided to investors in the Funds Website (the “Investor Website”), you acknowledge and agree that Marathon has granted you limited access to specific information pertaining to certain Funds, and that the Terms of Use apply to the Investor Website in addition to any other terms of use, confidentiality agreements and disclaimers on the Investor Website. You agree not to attempt to access information other than that to which you are entitled as an investor. You agree that you are responsible for all activities that occur in connection with or arising out of the provided password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the Investor Website. You agree to notify Marathon immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

The information contained in the password protected Investor Website is confidential and subject to the confidentiality provisions contained in the governing agreements of the entities to which you are a party. The information contained in the Investor Website may not be disseminated to any third party without the express written consent of Marathon.

The Investor Website may contain material non-public information regarding the Funds or portfolio companies. It is a violation of United States securities laws for a person to trade securities of an issuer while in possession of material non-public information regarding such issuer or to communicate such material non-public information to any other person.

If you have not received a password to access the Investor Website, you agree not to attempt to access computer files in the Investor Website.

Privacy

Your privacy is very important to us at Marathon. To better protect your rights we have provided the Marathon Website Privacy Notice and Marathon Client Privacy Notice to explain our privacy practices in detail.

Cookies Policy

The Marathon Cookies Policy describes how and why Marathon uses cookies on our Website (www.marathonfund.com).

If you have any questions or concerns about the Terms of Use or any issues raised in the Terms of Use or on the Website, please contact Marathon at +1 (212) 500-3000.