Creditor Relations Disclaimer
NOT FOR DISTRIBUTION IN OR INTO THE UNITED STATES OF AMERICA, CANADA, AUSTRALIA AND JAPAN. THIS OFFERING IS AVAILABLE ONLY TO ADDRESSEES OUTSIDE OF THE UNITED STATES, CANADA, AUSTRALIA AND JAPAN SUBJECT TO CERTAIN RESTRICTIONS
IMPORTANT: You must read the following before continuing. The following disclaimer applies to the attached prospectus and supporting documents (the "Documents") accessed via internet or otherwise received as a result of such access and you are therefore advised to read this disclaimer page carefully before reading, accessing or making any other use of the attached Documents. In accessing the attached Documents, you agree to be bound by the following terms and conditions, including any modifications to them from time to time, each time you receive any information from us as a result of such access.
NOTHING IN THIS ELECTRONIC TRANSMISSION CONSTITUTES AN OFFER OF SECURITIES FOR SALE IN ANY JURISDICTION WHERE IT IS UNLAWFUL TO DO SO. IN PARTICULAR, ANY SECURITIES TO BE ISSUED HAVE NOT BEEN, AND WILL NOT BE, REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OF AMERICA OR OTHER JURISDICTION AND MAY NOT BE OFFERED OR SOLD IN THE UNITED STATES, CANADA, JAPAN AND AUSTRALIA.
YOU ARE NOT AUTHORISED TO AND YOU MAY NOT FORWARD OR DELIVER THE ATTACHED DOCUMENTS, ELECTRONICALLY OR OTHERWISE, TO ANY OTHER PERSON OR REPRODUCE SUCH DOCUMENTS IN ANY MANNER WHATSOEVER. ANY FORWARDING, DISTRIBUTION OR REPRODUCTION OF THIS DOCUMENT AND THE ATTACHED DOCUMENTS IN WHOLE OR IN PART IS UNAUTHORISED. FAILURE TO COMPLY WITH THIS DIRECTIVE MAY RESULT IN A VIOLATION OF THE SECURITIES ACT OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OF AMERICA OR APPLICABLE LAWS OF OTHER JURISDICTIONS.
Confirmation of your Representation: By accessing the attached document you reconfirm your representation to OC Oerlikon Corporation AG, Pfäffikon (the "Company"), UBS Investment Bank (the "Lead Manager") and Credit Suisse AG, Deutsche Bank AG, and The Royal Bank of Scotland plc, Edinburgh (each of them a "Co-Lead Manager", together with the Lead Manager the "Managers") that (1) you are outside the United States of America, as defined in Regulation S under the U.S. Securities Act, not acting on behalf of a person within the United States of America and, to the extent you purchase the securities described in the attached Documents, you will be doing so pursuant to Regulation S under the Securities Act, that (2) the electronic mail (or e-mail) address to which the attached Documents has been delivered is not located in the United States of America, its territories and possessions, any State of the United States or the District of Columbia (where "possessions" include Puerto Rico, the US Virgin Islands, Guam, American Samoa, Wake Island and the Northern Mariana Islands), and that (3) you consent to delivery of the attached Documents and any amendments or supplements thereto by electronic transmission. The attached Documents has been made available to you in electronic form.
You are reminded that documents transmitted via electronic means may be altered or changed during the process of transmission and consequently none of the Company, the Managers and their respective affiliates, directors, officers, employees, representatives and agents or any other person controlling the Company, the Managers or any of their respective affiliates accepts any liability or responsibility whatsoever in respect of any discrepancies between the document distributed to you in electronic format and the hard copy version. If permitted by law, we will provide a hard copy version to you upon your request.
The materials relating to the offering do not constitute, and may not be used in connection with, an offer or solicitation in any place where offers or solicitations are not permitted by law. No action has been or will be taken in any jurisdiction by the Managers or the Company that would or is intended to, permit a public offering of the securities, or possession or distribution of the Documents or any other offering or publicity material relating to the securities, in any country or jurisdiction where action for that purpose is required.
You are reminded that you have accessed the attached Documents on the basis that you are a person into whose possession these Documents may be lawfully delivered in accordance with the laws of the jurisdiction in which you are located and you may not nor are you authorised to deliver this document, electronically or otherwise, to any other person. If you have gained access to this document contrary to the foregoing restrictions, you will be unable to purchase any of the securities described therein. If you receive this document by e-mail, you should not reply by e-mail to this announcement, and you may not purchase any securities by doing so. Any reply e-mail communications, including those you generate by using the "reply” function on your e-mail software, will be ignored or rejected. If you receive this document by e-mail, your use of this e-mail is at your own risk and it is your responsibility to take precautions to ensure that it is free from viruses and other items of a destructive nature.