EFTA01374204.pdf

AGP LP 519 Alpha Group Capital Paul Barrett Additional Disclaimers Cont'd • Notice to Hong Kong Investors: The information memorandum in relation to my interest and/or investment referred to in this document has not been approved by the Securities and Futures Commission of Hong Kong. accordingly (a) any interests or securities may not be offered or sold and have not been offered or sold in Hong Kong, by means of any document, other than to Iff "professional investors" as defined in the Securities and Futures Ordinance (cap. 571) of Hong Kong and any rules mode under that ordnance; or (ii) in other circumstances which do not result in the document being o "prospectus" as defined in the Companies Ordinance (cop. 622) of Hong Kong or which do not constitute an offer to the public within the meaning of that ordinance; and Ib) no person has issued or had in Its possession for the purposes of issue, and will not issue or have in its possession for the purposes of issue, whether in Hong Kong or elsewhere, any advertisement, invitation or document relating to any interest or securities. which is directed at, or the contents of which are or are likely to be accessed or read by, the public in Hong Kong (except if permitted to do so under securities laws of Hong Kong) other than with respect to any interests or securities which ore or are intended to be disposed of only to persons outside Hong Kong or only to "professional investors' within the definition of the Securities and Futures Ordinance (cap. 571) of Hong Kong and any rules mode under that ordnance. • Notice to Swiss Investors: The confidential explanatory memorandum, memorandum of nunciation, the articles of association and the crinud reports of Alkeon Growth Offshore Fund, Ltd. (the "Fund" or "AGM are avdable only to qualified investors free of charge from the representative. in respect of the units distributed in Switzerland to audified investors, place of performance and jurisdiction is at the registered office of the representative. Representative: first Independent Fund Services Ltd., VJOusstrosse 33,8004 Zurich. Paying Agent: NPB Neve Privet Bank AG, Ummatqud I, ch-8022 Zurich. • Notice to United Kingdom Investors: The Fund is an unrecognised collective investment scheme for the purposes of the financial Services and Markets Act 2000 of the United Kingdom (the 'Act"). The promotion of the Fund in the United Kingdom is accordingly restricted by law. This presentation is being issued in the United Kingdom only to persons to whom it may lawfully be issued under the financial Services and Markets Act 2000 (Financial Promotion) Order 2005, including persons who are authorized under the act '"authorized persons"), high net worth companies, high net worth unincorporated associations or partnerships, trustees of high value trusts and persons who qualify as certified sophisticated Investors. The common shores are only available to such persons in the United Kingdom and this presentation must not be relied or acted upon by any other persons In the United Kingdom. This presentation is exempt from the general restriction in Section 21 of the act on the communication of invitations or inducements to engage in investment activity on the grounds that it is being issued to and/or directed at only the types of person referred to above. The content of this presentation has not been approved by an authorized person and such approval is, save where this presentation is issued to the types of person referred to above, required by Section 21 of the Act. Acquiring common shares may expose on investor to a significant risk of losing dl of the amount Invested. Any person who is in any doubt about investing in the Fund should consult an authorized person specializing in advising on such investments. • Notice to Singapore Investors: This document is not a prospectus as defined in the Securities and Futures Act, Chapter 289 of Singapore ("SFA") and has not been registered as a prospectus with the Monetary Authority of Singapore. Accordngly, statutory liability under the SFA in relation to the content of prospectuses would not apply, and this document should not be construed in any way as a solicitation or an offer to buy or sell any interest or investment referred to in this document. You should consider carefully whether the investment is suitable for you. The product named in this document is not authorised or recognized by the Monetary Authority of Singapore 'the "IvlAr) and none of its interests / shores / units shdl be allowed to be offered to retail public in Singapore. This document may be distributed only (i) to persons who ore -institutional investors" under section 304 of the SFA, or (ii) to persons who are "relevant persons" under section 305(1) of the SFA or persons pursuant to section 305(2) of the SFA if (ono' only If) this document forms pat of the prospectus or information memorandum for the fund's), and such distribution is otherwise in accordance with the conditions specified in section 305 of the SFA. • Notice to Korean Investors: Neither The Fund nor Alkeon Capital Management. LLC a making any representation with respect 10 the eligibility of any recipients of this document to acquire the shores of AGO therein under the laws of Korea, including but without imitation the Foreign Exchange Transaction Act and Regulations thereunder. The shares of AGO may only be offered to Qualified Professional Investors, as such term is defined under the financial Investment Services and Capitol Markets Act, and none of the shares of AGO may be offered, sold a delivered, or offered or sold to any person for re-offering or resole, directly or indirectly, in Korea or to any resident of Korea except pursuant to applicable laws and regulations of Korea. Page 29 ALKEON CAPITAL MANAGEMENT Private & Confidential CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0068781 CONFIDENTIAL SDNY_GM_00214965 EFTA01374204