Email Disclaimer & Electronic Communications Disclosure

Electronic communications from KADAK and any files, attachments, links, data or other materials transmitted with them may contain confidential, proprietary, privileged, trade-secret, commercially sensitive or otherwise protected information and are intended solely for the individual or entity to whom they are addressed.

If you are not the intended recipient, you are hereby notified that any review, copying, disclosure, forwarding, distribution, publication, reproduction, reliance upon or other use of the communication or its contents may be unauthorized or prohibited.

If you received a KADAK communication in error, please notify the sender promptly and permanently delete the message and all copies and attachments.

A confidentiality notice does not independently create an attorney-client relationship, fiduciary relationship or other privileged relationship where none otherwise exists under applicable law.

No email, electronic message, website, presentation, investor deck, teaser, one-page summary, financial model, correspondence, meeting, conversation, social media communication or other communication by or on behalf of KADAK constitutes, by itself, an offer to sell, a solicitation of an offer to purchase, or a recommendation regarding any security, partnership interest, membership interest, fund interest, investment product or financial instrument.

Any offering of securities will be made only pursuant to the applicable definitive offering documents, which may include, as applicable, a confidential private placement memorandum, limited partnership agreement, operating agreement, subscription agreement, investor questionnaire, side letter and related subscription or governing documents, as amended or supplemented from time to time.

No person may rely upon an email, website, presentation, financial model, term summary or other communication as creating a right to subscribe for or purchase an interest in any KADAK investment vehicle.

In the event of any inconsistency between a website, email, presentation, summary, discussion or other communication and the applicable definitive offering documents, the definitive offering documents shall control.

Any subscription is subject to applicable law, satisfaction of investor eligibility requirements, completion of required diligence and documentation, and formal acceptance by the General Partner, manager or applicable issuer in its sole discretion.

Any offering of securities described in KADAK communications is intended to be conducted only pursuant to an available exemption from registration under the Securities Act of 1933, as amended, and applicable state securities laws.

To the extent an offering is conducted pursuant to Rule 506(c) of Regulation D, securities may be offered through general solicitation; however, all purchasers must satisfy the applicable accredited investor requirements and the issuer will be required to take reasonable steps to verify accredited investor status in accordance with applicable law.

No representation contained in any general KADAK communication should be interpreted as a determination that a recipient satisfies applicable investor qualification standards.

Where an applicable KADAK investment vehicle intends to rely upon the exclusion from the definition of an “investment company” contained in Section 3(c)(7) of the Investment Company Act of 1940, as amended, ownership of interests in that vehicle will be restricted in accordance with Section 3(c)(7), Section 2(a)(51) of the Investment Company Act, applicable regulations, and the governing offering documents.

Accordingly, investors in such a vehicle generally must qualify as “Qualified Purchasers,” in addition to satisfying any other investor eligibility requirements applicable to the offering.

Investor eligibility will be determined through the applicable subscription, verification and acceptance process. Receipt of an email, website access, investor deck, presentation or other KADAK communication does not establish or imply that the recipient is eligible to invest.

Certain KADAK materials may be intended exclusively for Accredited Investors, Qualified Purchasers, Qualified Clients, institutional investors, family offices or other eligible investors, as applicable.

The applicable eligibility standard will be determined by the structure of the particular investment vehicle and its definitive offering documents.

KADAK reserves the right to request documentation or other information reasonably necessary to establish or verify investor eligibility.

Unless expressly stated otherwise in the applicable definitive offering documents, interests offered in a private KADAK investment vehicle have not been registered under the Securities Act of 1933 or applicable state securities laws and may be subject to substantial restrictions on transfer or resale.

A KADAK investment vehicle relying upon Section 3(c)(7) is not registered as an investment company under the Investment Company Act of 1940 in reliance upon the applicable statutory exclusion.

Nothing contained in a communication should be interpreted as implying that the Securities and Exchange Commission, any state securities commission or any other regulatory authority has approved, endorsed or passed upon the merits of an investment, the accuracy or completeness of any materials, or the qualifications of KADAK or any investment vehicle.

Nothing contained in a KADAK website, email or other communication should be construed as providing brokerage or placement-agent services.

Unless expressly identified otherwise in applicable definitive documentation, KCPF, K2REF and KCPM do not hold themselves out as registered broker-dealers or placement agents in connection with an offering.

Any registered broker-dealer, placement agent, securities intermediary or other regulated securities professional engaged in connection with a particular offering, if any, will be separately identified where required in the applicable documentation.

No person should assume that an individual communicating on behalf of KADAK is acting as a broker, dealer, placement agent, investment adviser or other regulated securities professional merely because that individual discusses KADAK, an investment strategy or a potential investment opportunity.

Information provided by KADAK is for informational and discussion purposes only.

Nothing contained in an email, website, presentation, financial model or other communication constitutes investment, legal, tax, accounting or other professional advice or a recommendation to purchase, sell or hold any investment.

Prospective investors should conduct their own independent investigation and consult their own legal, tax, accounting, financial and investment advisers regarding the suitability and consequences of any prospective investment.

Unless expressly agreed otherwise in a written agreement executed by an authorized KADAK entity, the transmission or receipt of information does not create an advisory, fiduciary, agency, brokerage, partnership, joint venture or other special relationship between KADAK and the recipient.

Investments in private funds, private securities, real estate, renewable infrastructure, development projects and other alternative investments are speculative and involve a high degree of risk.

Investors may lose some or all of their invested capital.

Potential risks may include, among others, illiquidity, leverage, valuation uncertainty, market conditions, interest rates, construction and development risk, regulatory changes, political conditions, foreign-exchange movements, counterparty risk, operating risk, real estate market risk, renewable-energy development and execution risk, concentration risk, tax considerations and other risks described more fully in the applicable definitive offering documents.

Past performance is not indicative of future results.

Targets, projections, forecasts, estimated returns, modeled results, IRRs, multiples, yields, distributions, valuations, capacities, development schedules and other forward-looking metrics are illustrative only unless otherwise expressly provided in definitive documentation and should not be interpreted as guarantees.

KADAK communications may contain statements concerning anticipated investments, acquisitions, development plans, capital deployment, financing, operations, energy capacity, property acquisitions, market opportunities, revenues, cash flows, returns, distributions, exit strategies and other future events.

Such statements are forward-looking, involve assumptions and uncertainties and may differ materially from actual results.

KADAK undertakes no obligation to update any forward-looking statement except as required by applicable law.

Market information, pricing, statistics, financial information, forecasts, research, third-party data and other information contained in KADAK communications may have been obtained from sources believed to be reliable; however, unless expressly stated otherwise, such information has not necessarily been independently verified.

KADAK does not warrant or guarantee the accuracy, completeness, timeliness or continued availability of such information.

Information may change at any time without notice.

No recipient should make an investment decision solely on the basis of information contained in an email or other informal communication.

Electronic communications are not guaranteed to be secure, confidential, timely, accurate, complete or free from interception, alteration, corruption, loss, delay, transmission errors, malicious software or other technological defects.

Although KADAK may employ commercially reasonable security measures, KADAK cannot guarantee the security or integrity of communications transmitted through the internet, email, text messaging, data rooms, electronic-signature platforms or other electronic systems.

Recipients are responsible for implementing appropriate cybersecurity protections and verifying the authenticity of communications.

Electronic communications, including email, may be impersonated, altered or compromised.

Recipients should never rely solely upon an email to confirm new or changed wiring instructions, bank account information, payment instructions or other sensitive financial directions.

Any wiring or funding instructions relating to a KADAK transaction should be independently verified using previously established contact information and the procedures specified in the applicable transaction or subscription documents.

KADAK is not responsible for funds transmitted to an unauthorized account as a result of a recipient’s failure to follow applicable verification procedures, to the fullest extent permitted by law.

KADAK endeavors to maintain commercially reasonable cybersecurity controls; however, KADAK does not guarantee that any electronic communication, attachment, hyperlink or file is free from viruses, malicious software or other harmful components.

Recipients are responsible for conducting their own security checks before opening attachments, accessing hyperlinks or importing data into their systems.

Electronic communications transmitted through or involving KADAK systems may, to the extent permitted by applicable law, be monitored, reviewed, recorded, retained, archived, retrieved and produced for legal, regulatory, compliance, cybersecurity, risk-management, supervision, litigation, audit, operational or business-continuity purposes.

By communicating electronically with KADAK, recipients acknowledge that communications may be retained in accordance with applicable KADAK policies and legal or regulatory requirements.

Because KADAK operates and conducts business across jurisdictions, electronic communications and associated information may be transmitted to, accessed from, maintained in or processed in jurisdictions other than the jurisdiction in which the sender or recipient is located.

Such information will be handled in accordance with applicable law and KADAK policies.

Unless expressly stated otherwise, opinions or statements contained in a communication are those of the individual sender and do not necessarily constitute an official statement, investment decision, commitment, authorization or position of KADAK or any affiliated entity.

Only persons possessing appropriate authority may legally bind the applicable KADAK entity.

No email, text message, instant message or other informal electronic communication creates a binding obligation, financing commitment, investment commitment, acquisition commitment or contractual liability on behalf of KADAK unless expressly confirmed in a definitive written agreement executed by an authorized representative of the applicable legal entity.

An investor should not transmit funds, make a subscription, modify ownership information, change payment instructions, transfer securities or provide other transaction instructions solely through ordinary email unless the applicable definitive documentation or an authorized KADAK representative expressly establishes an approved procedure for doing so.

Submission of information does not constitute acceptance of a subscription.

Confidential or proprietary KADAK materials may not be reproduced, forwarded, copied, published, redistributed or disseminated, in whole or in part, without prior written authorization from KADAK, except as permitted by applicable definitive documentation or applicable law.

Recipients remain responsible for complying with confidentiality obligations contained in nondisclosure agreements, subscription documents, data-room terms or other agreements.

KADAK communications are not directed to any person in any jurisdiction where the distribution or use of such communications would be contrary to applicable law or regulation.

No security may be offered or sold in any jurisdiction except in compliance with applicable federal, state, local and foreign securities laws and the applicable definitive offering documents.

To the fullest extent permitted by applicable law, KADAK disclaims responsibility for losses, damages, costs or consequences arising solely from delays, transmission failures, inaccuracies, unauthorized interception, cybersecurity incidents, malicious content, incomplete communications or reliance upon informal electronic communications.

Nothing in this notice is intended to exclude or limit liability that cannot lawfully be excluded or limited, including liability arising under applicable federal securities laws.

This disclosure is supplemental to, and does not replace, the definitive documentation governing any investment vehicle, transaction or relationship.

Prospective investors should carefully review all applicable offering and governing documents, including all risk factors, conflicts of interest, fees, expenses, transfer restrictions and eligibility requirements, before making an investment decision.

Where the provisions of this notice conflict with applicable definitive offering documents, the definitive offering documents govern with respect to the applicable investment or transaction.

Questions regarding these disclosures may be directed to KADAK Capital Partners Funds through the contact information provided on kadakfund.com.

See also our Legal, Disclaimers & Risk Factors disclosures.