Legal and Disclaimers

Terms of Use and Legal Information

By accessing this website, you signify your agreement with and understanding of the following Terms of Use pertaining to both this website and any material contained therein. This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices. OMERS Infrastructure Management Inc. and its affiliates (“OMERS Infrastructure”) and OMERS Private Equity Inc. and its affiliates (“OPE” and together with OMERS Infrastructure, “OPM”) reserve the right to change the terms, conditions, and notices under which this website is offered without prior notice at any time.

Ownership of Website and Trademarks/Lawful Use

OPM owns and maintains this website. The trademarks, service marks, trade names, logos and domain names displayed on or used with this website are owned by OPM or third parties. All such marks, names and logos not owned by OPM are the property of their respective owners, and are used by OPM with permission. Nothing at this website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark at the website. No act of downloading or otherwise copying from this website will transfer title to any software or material at this website to you. Anything that you transmit to this website becomes the property of OPM, may be used by OPM for any lawful purpose, and is further subject to disclosure as deemed appropriate by OPM, including to any legal or regulatory authority to which OPM is subject. OPM reserves all rights with respect to copyright and trademark ownership of, or its right to display and use, all material at this website, and will enforce such rights to the full extent of the law. This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this website.

Local Legal Restrictions

The website is not directed at any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the website is prohibited or which would subject us to any registration or other requirement within such jurisdiction or country. Persons in respect of whom such prohibitions apply must not access the relevant pages on the website. Those who access the website do so on their own initiative and are responsible for compliance with applicable local laws and regulations; legal advice should be sought in cases of doubt.

No Offer of Securities – Disclosure of Interests

The information on this website is provided for informational purposes. Under no circumstances should any material at this website be used in connection with or considered an offer, solicitation of an offer, or a recommendation to purchase or sell, any securities, nor does it constitute investment advice or an endorsement with respect to any investment strategy or company. OPM does not offer to provide any product or service in any jurisdiction, or to or for the account of any person in any jurisdiction, where OPM is not registered or where such an offer would be unlawful. Access to information about any accounts is limited to third party investors who, among other requirements, either qualify as accredited investors within the meaning of the U.S. Securities Act of 1933, as amended, or those third party investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments. This material serves to provide general information and is not intended to be, and should not be construed as, legal or tax advice, which can only be provided by qualified tax and legal counsel.

Forward-Looking Statements and Information

This website and the other sources of information incorporated by reference herein may contain certain "forward-looking statements" and "forward-looking information". Forward-looking statements and forward-looking information are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. OPM undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

No Reliance

While OPM uses reasonable efforts to update the information on this website, OPM makes no representations or warranties as to the accuracy, reliability or completeness of any information at this website. Opinions, advice and any other content at this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.

Material to be Consulted in its Entirety

All materials at this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Cookies

When you view our website, we may store certain information on your computer. This information may be in the form of a small text file called a "cookie" and can help us improve your experience with our websites in many ways. This information stored on your computer's hard drive does not contain any personal information, but enables us to communicate more meaningfully with you. For example, cookies allow us to tailor a website to better match your interests and preferences. Our website uses cookies to help understand which parts are most popular, where our visitors are going and how much time they spend there. Cookies are read only by the server that placed them and are unable to execute any code or virus. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Please be aware, however, that some features and programs of our website may be unavailable to you if cookies are erased or blocked. Some uses of cookies in connection with our website may be under the control of unaffiliated entities that OPM retains for the management of certain programs or activities. Such entities must confine their use of cookies to the uses permitted by OPM’s Privacy Statement.

No Warranty

The materials in this website are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. OPM further assumes no responsibility for, and makes no warranties that, functions contained at this website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available will be free of viruses or other harmful components. OPM shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on, your computer or other property on account of your accessing or use of this website. Please note that some jurisdictions do not allow the exclusion of implied warranties. Thus, some or all of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL OPM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE. IN NO EVENT SHALL OPM TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE. Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Severability

In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with OPM.

Disputes

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this website and any and all other OPM website(s), shall be submitted exclusively to the jurisdiction of the courts located in the Province of Ontario. In the event any portion of these Terms of Use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use and, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use. You agree that your breach of these Terms of Use may result in irreparable harm to OPM which cannot be compensated by money damages, and that OPM shall be entitled to obtain injunctive relief for any such breach.

Global Dealing Restrictions

OPM makes no representation that this website is appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed on this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counterparties. Those who access this website are responsible for compliance with applicable laws or regulations. No software on this website may be downloaded or otherwise exported in contravention of with applicable laws or regulations.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of Province of Ontario without resort to its conflict of law provisions.

Disclaimers

The information contained herein is not investment advice. Any specific companies listed or discussed do not represent any or all companies purchased, sold or recommended for advisory clients since inception, and specifically do not include companies that we have exited in the past. One should not assume that all investments in the companies identified are or will be profitable.

Portfolio Disclaimer

The information provided herein should not be considered a recommendation to purchase or sell any particular security. There is no assurance that any securities discussed  will remain in an account’s portfolio or that securities sold have not been repurchased. The securities discussed do not represent an account’s entire portfolio and in the aggregate may represent only a small percentage of an account’s portfolio holdings. It should not be assumed that any of the securities transactions or holdings discussed were or will prove to be profitable, or that the investment recommendations or decisions we make in the future will be profitable or will equal the investment performance of the securities discussed herein.

Third Party Website Disclaimer

Certain links in this website may link you to other websites on the World Wide Web. In providing such links, OPM does not represent to you that it has investigated the content of such third party websites. OPM does not warrant or guarantee the accuracy of any content included on third party websites nor does it endorse, credential or accredit any opinions, recommendations or information included on such third party websites. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites. 

OMERS Private Equity Europe Limited (“OPE Europe”) Guidelines for Disclosure and Transparency in Private Equity

Introduction

In 2007, the British Private Equity and Venture Capital Association (BVCA) asked Sir David Walker to perform a review of the adequacy of disclosure and transparency in private equity. This review resulted in the publication of a set of guidelines (the “Guidelines”) which require additional disclosure and communication to be made by private equity firms and their portfolio companies when certain criteria are met. The Guidelines Monitoring Group (now the “Private Equity Reporting Group”) was set up to monitor conformity with these Guidelines and to make recommendations to the BVCA for changes to the Guidelines if required. OPE Europe is a member of the BVCA and fully supports greater transparency and disclosure within the private equity industry, and will conform to the Guidelines on a “comply or explain” basis. OPE Europe encourages the same approach within OPE’s portfolio companies meeting the Guidelines’ criteria.

OMERS, OPE and OPE Europe

With over C$77 billion in net assets at 31 December 2015, OMERS (the Ontario Municipal Employees Retirement System) is one of Canada's leading pension funds. OMERS was established in 1962 to serve local government employees including municipal workers, Children’s Aid Society workers, firefighters, emergency services staff, police, school board staff (non-teaching), transit workers, and hydro workers across Ontario, and represents almost 1,000 employers and over 461,000 active and retired members. OMERS manages a diversified global portfolio of stocks and bonds as well as real estate, infrastructure and private equity investments. OPE has been making private equity investments since 1987 on behalf of OMERS. OMERS has a target allocation of C$11.6 billion to the private equity asset class by 2018 for which OPE seeks attractive investments on a global basis.

OPE is a captive Private Equity firm with investments of C$10 billion and a principal focus on control buyouts in Europe and North America, with offices in Toronto, New York and London. As at 31December 2015 OPE had a direct investment portfolio of 16 platform assets in Canada, the United States and Europe in addition to a small number of legacy, minority investments. OPE Europe seeks mid-market investment opportunities in the UK and continental Europe with sweet spot equity investments in the range of C$100 million to C$500 million for majority ownership. Typical hold periods are three to five years. However, OPE has the flexibility to hold investments for longer periods depending on market conditions and investment performance. Key criteria for investments are market leading and growing businesses in growing markets and a strong management team prepared to reinvest. Ideally these businesses are diversified by product and geography, are cash generative and demonstrate clear resilience in difficult economic times. The OPE Europe investment philosophy can be further described as follows:

  • Partner with incumbent management teams to grow businesses organically and by acquisition on a global basis;
  • Long-term and patient investor, investing in businesses for long-term value creation rather than near term earnings; and
  • Ability to commit additional capital throughout the investment period via M&A.

OPE Europe has an experienced, growing and dedicated team of currently thirteen  investment professionals with backgrounds in private equity, operations management, financial analysis and accounting, investment banking and law. Investment team biographies may be found here.

OPE Europe Limited Senior Management

OPE Europe is led by Executive Vice President & Global Head of Private Equity, Mark Redman.

Conflicts of Interest

OPE Europe recognizes that from time to time conflicts of interest may arise in the course of conducting its business. OPE Europe therefore has established internal procedures to identify, manage and resolve these conflicts in a consistent and effective manner.

OPE Europe portfolio companies

The OPE Europe portfolio companies subject to the Guidelines are:

  • Vue Entertainment, and
  • Civica.

Further details about these portfolio companies may be found on their respective websites.

Investor base

OPE is a captive Private Equity firm. Key stakeholders are the employees and members of OMERS, on whose behalf OPE manages its investments in Canada, the United States and Europe.

Financial Conduct Authority

OPE’s investments in Europe are sourced and arranged by OPE Europe which is authorized and regulated by the Financial Conduct Authority (United Kingdom). OMERS Infrastructure investments in Europe are sourced and arranged by OMERS Infrastructure Europe Limited (“OMERS Infrastructure Europe”) which is authorized and regulated by the Financial Conduct Authority (United Kingdom).

Further details concerning OPE Europe and OMERS Infrastructure Europe's authorization may be found on the Financial Conduct Authority’s website.