EFTA01083397Set 9
2007-07-1325p8,541w
pursuant to the terms of the Apollo Principal Partnership Agreements, other than (i) the Issuer and
(ii) for the avoidance of doubt APO Corp ... Code.
"Class A Shares" means the Class A Shares of the Issuer representing Class A limited
liability company interests of the Issuer and any equity securities issued or issuable ... securities exchange, the fair market value of such asset as
reasonably determined by the [Issuer]'.
"Governing Body" means the manager of the Issuer, so long as one exists, and thereafter
https://www.justice.gov/epstein/files/DataSet%209/EFTA01083397.pdf
EFTA01439454Set 10
2018-03-3061p17,665w
sale of securities by the Private Access Fund that are not reimbursed by the
issuer of such
securities or others (whether or not any such purchase or
sale is consummated ... skill or resources as the existing Sub-Adviser.
General Economic and Market Conditions and Issuer Risk. Any investment in
securities carries
certain market risks.
In addition to the factors discussed ... particular portfolio
securities held by such Fund, such as perception or changes in the issuer's
management, the
market for the issuer's products or services, sources of supply,
technological
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01439454.pdf
EFTA01397607Set 10
2018-03-3061p17,672w
sale of securities by the Private Access Fund that are not reimbursed by the
issuer of such
securities or others (whether or not any such purchase or
sale is consummated ... skill or resources as the existing Sub-Adviser.
General Economic and Market Conditions and Issuer Risk. Any investment in
securities carries
certain market risks.
In addition to the factors discussed ... particular portfolio
securities held by such Fund, such as perception or changes in the issuer's
management, the
market for the issuer's products or services, sources of supply,
technological
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01397607.pdf
EFTA01428879Set 10
2018-03-3061p17,701w
sale of securities by the Private Access Fund that are not reimbursed by the
issuer of such
securities or others (whether or not any such purchase or
sale is consummated ... skill or resources as the existing Sub-Adviser.
General Economic and Market Conditions and Issuer Risk. Any investment in
securities carries
certain market risks.
In addition to the factors discussed ... particular portfolio
securities held by such Fund, such as perception or changes in the issuer's
management, the
market for the issuer's products or services, sources of supply,
technological
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01428879.pdf
Alpha Group Capital LLC
the intended Refinancing. The Co-Issuers have not issued securities prior to the date of this Memorandum and have not
listed any securities on any exchange ... Issuer will not undertake any activities other than entering into the Initial Facility
and the intended Refinancing, making payments or distributions on the Initial Facility and Preferred Shares, issuing ... Transaction Agreements, performing its other obligations under the
Transaction Agreements to which the Issuer is a party, executing a Refinancing and other activities incidental thereto,
forming the Co-Issuer, acquiring
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01386834.pdf
EFTA00292433Set 9
46p28,194w
References herein to the "Fund' shall refer collectively to the
Fund and the Token Issuer unless the context indicates otherwise. Purchasers of Interests pursuant to the offering set
forth ... funding." This was a misstatement because, on the
date of the Article, the Issuer and the Fund had not consummated the sale of $500 million of SVCs, pursuant to SAFTs ... billion coins?
This was a misstatement because, on the date of the Article, the Issuer and the Fund had not yet created the SVCs.
Finally, the Article misstated that "Andra
https://www.justice.gov/epstein/files/DataSet%209/EFTA00292433.pdf
purchases during the pm-closing period and a number
of other factors beyond the Issuer's COMM. including the condition of certain financial markets, general economic
conditions ... Securities, beginning with the Lowest Ranking Classes.
No Operating History. The Co-Issuers are recently incorporated companies and have not commenced operations
(other than those activities incidental to its incorporation ... formation and, in the cast of the Issuer, the acquisition
of Collateral Obligations in anticipation of the Closing Date and activities incidental thereto). Accordingly, neither
of the Co-Issuers
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365552.pdf
Collateral Obligation to be a Defaulted Obligation).
or on the position of the Co-Issuers or any other party to the transactions described herein or otherwise. The Initial
Purchaser ... similar capacity for entities having investment
objectives similar to those of the Issuer, and the Initial Purchaser and its Affiliates may act as administrative agent,
swap counterparty, underwriter, initial purchaser ... Agent (or an Affiliate) may be advising or distributing securities on
behalf of an issuer or providing banking or other services to an issuer at the same time at which
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365238.pdf
None of the Transaction Parties (other than the Issuer or, in the case of the Senior Notes, the Co-Issuers) or any
Affiliates of the Issuer or Co-Issuer ... other Transaction Party or any other person or entity (other than the
Issuer or. in the case of the Senior Notes, the Co-Issuers) will be obligated to make payments ... Equity Status of Preferred Shares. The Preferred Shares will be equity interests in the Issuer and are not secured by
the Collateral. Accordingly. Shareholders wi0 rank behind all creditors. whether
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376288.pdf
lawsuit brought by an unpaid creditor or representative of creditors of an issuer of a
Collateral Obligation. such as a trustee in bankruptcy, were to find that the issuer ... indebtedness constituting such Collateral Obligation and after
giving effect to such indebtedness, the issuer (i) was insolvent, (ii) was engaged in a business for which the
remaining assets of such ... issuer constituted unreasonably small capital or (iii) intended to incur, or believed that it
would incur. debts beyond its ability to pay such debts as they mature, such court could
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365235.pdf