Important Information

THE INFORMATION CONTAINED HEREIN IS NOT FOR DISTRIBUTION, DIRECTLY OR INDIRECTLY, IN OR INTO THE UNITED STATES, AUSTRALIA, CANADA, JAPAN, REPUBLIC OF IRELAND OR REPUBLIC OF SOUTH AFRICA.
Use of this webpage
Please read this important information section, and the terms and conditions of this webpage (together the “terms”) with care. by accessing this webpage, you confirm that you have read, understood and agree to be bound by the terms.
The information herein is current at the date of publication but is subject to material change, updating, revision, correction, completion and amendment. statements contained on this webpage include statements of circumstances which may exist on the date upon which the shares in NextEnergy European Solar Utility PLC (the “fund”) are admitted to the premium segment of the official list of the financial conduct authority (the “official list”) and to trading on the london stock exchange plc’s main market for listed securities (the “london stock exchange”), but may not exist at the date upon which the information contained on this webpage is accessed.

GENERAL

The contents of this webpage are communicated by NextEnergy Capital Limited (“NextEnergy Capital”) which is authorised and regulated by the Financial Conduct Authority with registered number FRN 471192 and which has its registered office at 7-10 Chandos Street, Cavendish Square, London W1G 9DQ.

NO OFFER

Nothing herein is intended to be construed as an offer, invitation or inducement to engage in investment activity, or investment advice or recommendation, in relation to the acquisition of shares in the Fund and should not be relied upon as such by any person.

PERMITTED USERS

NextEnergy Capital will not be responsible for advising users of this webpage or any other person or providing them with the protections it provides to its customers. The Fund is a public limited company incorporated in England, with registered no. 9587322. The Fund is intended to be registered as an investment company under section 833 of the Companies Act 2006 and to constitute an investment trust company. The Fund will not be an Authorised Person under the UK Financial Services and Markets Act 2000 (“FSMA”) and accordingly will not be authorised by the Financial Conduct Authority (the “FCA”). In due course, the Fund will be admitted to the Official List and to trading on the London Stock Exchange. The Fund will only be suitable for professional or experienced investors, or those who have taken financial advice.
This webpage 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 this webpage is prohibited or subject to any necessary registration or regulation not held by NextEnergy Capital. Persons in respect of whom such prohibitions apply must not access the relevant sections on this webpage. The laws and regulations of the country from which you access this webpage may include restrictions on the diffusion of information contained in the webpage; it is your responsibility to ensure that your use complies with any restrictions or any applicable local laws regarding use of the information on this webpage. NextEnergy Capital is not registered as an investment advisor with the US Securities Exchange Commission and therefore this webpage is neither directed at not intended for use by US investors.
The information contained in this webpage does not constitute an offer to sell, or the solicitation of an offer to acquire or subscribe for, shares in any jurisdiction where such an offer or solicitation is unlawful or would impose any unfulfilled registration, qualification, publication or approval requirements or undue burden on NextEnergy Capital or the Fund, and in particular, the information contained in this webpage may not be published, distributed or transmitted by any means or media, directly or indirectly in whole or in part, in or into Australia, Canada, Japan, the Republic of Ireland the Republic of South Africa or the United States.
The shares mentioned herein have not been, and will not be, registered under the US Securities Act of 1933, as amended (the “US Securities Act”), or under the securities laws of any state or other jurisdiction of the United States and, subject to certain exceptions, may not be offered or sold, directly or indirectly, within the United States. There will be no public offer of the shares in the United States. The Fund has not been, and will not be, registered under the US Investment Company Act of 1940, as amended (the “US Investment Company Act”), and investors will not be entitled to the benefits of that Act.
The content of this webpage is issued for the purposes of Section 21 of the Financial Services and Markets Act 2000 by NextEnergy Capital which is authorised and regulated by the FCA. However, the content of this webpage is directed only at (i) persons outside the United Kingdom to whom it is lawful to communicate to, or (ii) persons having professional experience in matters relating to investments who fall within the definition of “investment professionals” in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended), or (iii) high net worth companies, unincorporated associations and partnerships and trustees of high value trusts as described in Article 49(2) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) (all such persons “Relevant Persons”) provided that in the case of Relevant Persons falling into categories (ii) or (iii), the communication is only directed at persons who are also “qualified investors” as defined in section 86 of the Financial Services and Markets Act 2000. Persons within the United Kingdom who access this webpage (other than persons falling within (ii) and (iii) above) should not rely on or act upon the content of this webpage.

COPYRIGHT

The information on this webpage is subject to copyright with all rights. It must not be reproduced, copied or redistributed in whole or in part. Third party links or other external websites accessed via this webpage will not have been developed or otherwise reviewed by NextEnergy Capital or the Fund, and no entity is responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in this webpage.

GENERAL RISK WARNING

Information regarding the past performance of an investment is not necessarily indicative of future performance. The value of an investment and the income from it can fall as well as rise as a result of market and currency fluctuations and you may not get back the amount originally invested. The market value of the shares of the Fund may not reflect the underlying net asset value of the investments held by the Fund. The Fund is able to borrow to raise further funds for investment purposes. An investment fund which has made investments as a result of gearing may have a more volatile share price as a result; gearing can increase shareholder returns in rising markets but conversely can increase the extent to which the value of the funds attributable to shareholders decreases in falling markets. The prospectus or other formative documentation relating to the Fund contain more detailed risk warnings relevant to the Fund.

TAX

Tax assumptions may change if the law changes and the value of tax relief (if any) will depend upon your individual circumstances. You should consult your own tax advisers in order to understand the consequences of investing in the Fund.

DISCLAIMER

This webpage is provided for your use “as is” without any warranties (whether express or implied) of any kind including, but not limited to, the warranty of non-infringement of third party rights or freedom from computer virus. As a result, NextEnergy Capital does not accept any on-going obligation or responsibility in respect of any errors, omissions, interruptions or delays in service which may occur. Internet is not a secure medium of communication unless the data being sent is encrypted. NextEnergy Capital cannot accept any responsibility for unauthorised access by a third party or the corruption of data sent to it.

CONTENT

By continuing to use this webpage, you agree to the exclusion by NextEnergy Capital, to the extent permitted by applicable law and regulation, of any and all liability for any direct, indirect, punitive, consequential, incidental, special or other damages, including, without limitation, loss of profits, revenue or data arising out of or relating to your use of and our provision of this webpage and its content. By proceeding, you are representing that you have understood and accepted the Terms. You also (i) agree that such information will apply to any subsequent access to the webpage, and that all such subsequent access will be subject to the disclaimers, risk warnings and other information set out herein and (ii) warrant that no other person will access this webpage from the same computer and logon as you are currently using.

GOVERNING LAW AND JURISDICTION

These Terms (and any non-contractual obligations arising out of them) are governed by and interpreted in accordance with the laws of England and Wales and the courts of this jurisdiction will have exclusive jurisdiction in respect of any dispute which may arise. Your use of this webpage shall be deemed acceptance of the laws of England and your agreement that, in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. If for any reason a court of competent jurisdiction finds any provision of these Terms unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall continue in full force and effect. The Terms constitute the entire agreement between NextEnergy Capital and you with regard to this webpage and it supersedes all prior or contemporaneous communications, agreements and understandings between NextEnergy Capital and you with respect to the subject matter hereof. None of the Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to them, save for NextEnergy European Solar Utility PLC, who shall have the benefit of the rights, powers, protections and terms specified in these Terms.