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Tall tree investment management

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It then intends to extend its issuance platforms to include other credit portfolio management opportunities in the form of credit opportunities funds, distressed debt funds, separately managed accounts, retail closed-end funds and sub-advisory accounts.

Lenga said the group hopes to move on to a credit opportunities hedge fund so the firm has greater flexibility. In Depth. Bank Profiles. Special Reports. League Tables. Submit Search Search Query Markets. All material subject to strictly enforced copyright laws. Moreover, if the sovereign rating of a country in which an obligor on Collateral is located is downgraded, the ratings applicable to such Collateral may decline as well. Synthetic Securities. Synthetic securities expose the Issuers to the credit risks associated with the reference obligations consisting of high yield debt securities and non- investment grade loans held in the name of the counterparty.

Generally, the Issuers will have no right to directly enforce the obligations of the issuer of those reference obligations, will have no right to vote the obligations, will have no set-off rights against said issuer, will not directly benefit from any collateral that may support the reference obligation, and will not have the benefit of the remedies that would normally be available to the counterparty.

Consequently, the Issuers will be subject to the credit risk of counterparty, as well as that of the obligation issuer. As a result, concentrations of synthetic securities in any one counterparty subject the Securities to an additional risk with respect to defaults by such counterparty as well as by the issuer of the obligation.

Structured Finance Securities. A portion of the Collateral may consist of structured finance securities, which may carry many of the kinds of risks associated with the Securities themselves, including prepayment risk, credit risk, liquidity risk, market risk, structural risk, priority risk, legal risk, subordination risk and interest rate risk.

In addition, certain structured finance securities may provide that non-payment of interest will not constitute an event of default in certain circumstances and the holders of such securities will not have available to them any associated default remedies. However, the Issuers will be subject to restrictions on the amount of structured finance securities they may hold. Securities Lending.

The Collateral may be loaned to one or more counterparties, which exposes the Issuers to potential delays, costs, or even loss of value in recovering Collateral in the event of a default by the counterparty. Rating agencies may, in turn, downgrade certain Securities. Affiliates of the Issuers may participate in these lending arrangements, which may create certain conflicts of interest.

In addition, the Issuers may be required to indemnify a collateral agent or any other person acting in a similar capacity in connection with the lending arrangement. In the event of the insolvency of an issuer or obligor of Collateral, payments made on such Collateral could be subject to avoidance under the laws of the United States and various foreign jurisdictions.

Any shortfall in payments due to insolvency will be subject to the priority of payments. Lender Liability Considerations; Equitable Subordination. A number of judicial decisions in the United States have upheld the right of borrowers to sue lenders or bondholders on the basis of various evolving legal theories collectively, termed "Lender Liability". Generally, Lender Liability is founded upon the premise that an institutional lender or bondholder has violated a duty whether implied or contractual of good faith and fair dealing owed to the borrower or issuer or has assumed a degree of control over the borrower or issuer resulting in the creation of a fiduciary duty owed to the borrower or issuer or its other creditors or shareholders.

Although it would be a novel application of the Lender Liability theories, the Issuers may be subject to allegations of Lender Liability. In addition, under common law principles that in some cases form the basis for Lender Liability claims, if a lender or a bondholder a intentionally takes an action that results in the undercapitalization of a borrower to the detriment of other creditors of such borrower, b engages in other inequitable conduct to the detriment of such other creditors, c engages in fraud with respect to, or makes misrepresentations to, such other creditors or d uses its influence as a stockholder to dominate or control a borrower to the detriment of other creditors of such borrower, a court may elect to subordinate the claim of the offending lender or bondholder to the claims of the disadvantaged creditor or creditors, such remedy called equitable subordination.

Because of the nature of the Collateral, the Issuers may be subject to claims from creditors of an obligor that Collateral issued by such obligor that are held by the Issuers should be equitably subordinated. The preceding discussion is based upon principles of United States federal and state laws.

Insofar as Collateral that are obligations of non-United States obligors are concerned, the laws of certain foreign jurisdictions may impose liability upon lenders or bondholders under factual circumstances similar to those described above, with consequences that may or may not be analogous to those described above under United States federal and state laws.

Volatility of Collateral Market Value and the Securities. The market value of the Collateral will generally fluctuate with, among other things, changes in prevailing interest rates, general economic conditions, the condition of certain financial markets domestic and international , developments or trends in any particular industry and the financial condition of the issuers of the Collateral. The markets for high yield corporate debt securities and loans have in the past experienced periods of volatility and periods of reduced liquidity.

Assignments of and Participations in Loans. The Issuers may purchase an interest in loans comprising Collateral either directly by way of sale or assignment or indirectly by way of participation. The purchaser of an assignment typically succeeds to all the rights and obligations of the assigning institution and becomes a lender under the loan agreement with respect to the loan.

In purchasing participations, the Issuers will usually have a contractual relationship only with the selling institution, and not the borrower. When the Issuers hold a participation in a loan it generally will not have the right to enforce compliance by the borrower with the terms of the loan agreement or have the right to vote to waive enforcement of any restrictive covenant breached by a borrower. However, most participation agreements provide that the selling institution may not vote in favor of any amendment, modification or waiver that forgives principal or interest, reduces principal or interest that is payable, postpones any payment of principal whether a scheduled payment or a mandatory prepayment or interest or releases any material guarantee or security without the consent of the participant at least to the extent that the participant would be affected by any such amendment, modification or waiver.

Selling institutions voting in connection with a potential waiver of a restrictive covenant may have interests different from those of the Issuers, as such selling institutions are not required to consider the interests of the Issuers in connection with their votes. In addition, the Issuers will have no rights of set-off against the borrower. The Issuers may not directly benefit from the collateral supporting the related loan and generally will have no right to enforce directly compliance by the borrower under the loan agreements.

The Issuers may also be subject to the credit risk of the selling institution as well as that of the borrower. In certain circumstances, the Adviser has limited discretion to sell Collateral and to purchase Collateral with the principal or interest proceeds received with respect to such Collateral, which will expose the Issuers to market conditions prevailing at the time of such sale and reinvestment.

Prepayment of Loans. Loans are generally pre-payable at any time at the option of the obligor, at par plus accrued and unpaid interest thereon. There can be no assurances of actual prepayment rates. Prepayments may be caused by a variety of unpredictable factors. Accordingly, there is a risk that loans purchased at a price greater than par may experience a capital loss due to prepayment. In addition, principal proceeds received upon prepayment are subject to reinvestment risk.

Any inability of the Issuer to reinvest principal prepayments or other proceeds in Collateral may adversely affect the timing and amount of payments and distributions and of the yield to maturity of the Securities. To the extent that defaults occur with respect to any Collateral and the Issuers sell or otherwise dispose of such Collateral, it is unlikely that the proceeds of such sales or dispositions, together with the value of the remaining Collateral, will be equal to the unpaid principal of and interest on all of the Securities.

In addition, the Issuer may incur additional expenses to the extent it is required to seek recovery upon a default on Collateral or participate in the restructuring of such Collateral. There also can be no assurance of the timing of any recoveries. Average Life and Prepayment Considerations. The average life of a Security may be shorter than the stated maturity of that Security, which may reduce recovery by the holder. During certain periods, principal proceeds will be distributed to the holders of the Securities in accordance with the priority of payments, if the Adviser determines, in its sole discretion, not to reinvest them.

Certain of such distributions may shorten the expected lives of certain Securities and affect the timing and amount of distributions on others. As a result of such mismatches, an increase in the level of LIBOR could adversely impact the ability to make payments on certain Securities, despite any hedging transactions the Adviser may enter to address this risk. Though the Issuers will endeavor to purchase Collateral not subject to withholding tax or such tax being set off by gross-up payments , there can be no assurance that, as a result of any change in any applicable law, treaty, rule or regulation or interpretation thereof, the payments on certain Collateral would not in the future become subject to withholding taxes imposed by any jurisdiction.

In that event, if the obligors of such Collateral were not then required to make or in fact failed to make gross-up payments that cover the full amount of any such withholding taxes, the amounts available to make payments on, or distributions to, the holders of the Securities would accordingly be reduced and the amount available to the Issuers would be reduced.

Additional Tax. The Issuers expect to conduct their affairs so that their net income will not become subject to U. There can be no assurance, however, that their net income will not become subject to United States federal income tax as the result of unanticipated activities by the Issuers, changes in law, contrary conclusions by U.

Any future guidance issued by the U. Internal Revenue Service may have an adverse impact on the tax treatment of the Issuer. Dependence on the Adviser and its Investment Professionals. The success of the Issuers will be highly dependent on the managerial expertise of the Adviser and its personnel. There is no guarantee that the Adviser or its personnel can achieve a particular result for the Issuers or the holders of Securities, or that they can reproduce their respective performance histories.

There is also no guarantee that the Adviser can retain any or all of its personnel. Conflicts of Interest Involving the Adviser and Affiliates. Various potential and actual conflicts of interest may arise from the overall investment activities of the Adviser and its affiliates and their respective clients and employees, including, but not limited to their participation in investments similar to the Collateral for their own accounts or those of non-Issuer clients, service as, or relationship with, a general partner, adviser, officer, director, sponsor or manager of partnerships or companies of Collateral issuers.

The Adviser and its affiliates may acquire confidential or material non-public information with respect to a borrower or be restricted from effecting transactions in certain Collateral. At times, the Adviser, in an effort to avoid restrictions for the Issuers may elect not to receive information that other market participants or counterparties are eligible to receive or have received. Neither the Adviser nor any of its affiliates have any affirmative obligation to offer any investments to the Issuers or to inform the Issuers of any investments before offering any investments to other funds or accounts that the Adviser or any of its affiliates manage or advise.

The Adviser will endeavor to resolve conflicts with respect to investment opportunities in a manner that it deems equitable to the extent possible under the prevailing facts and circumstances and in accordance with the policies and procedures of the Adviser. Further, the Adviser is prohibited from directing the acquisition of Collateral from, or disposition of Collateral to, its affiliates or any other account managed by the Adviser except in a transaction conducted on an arm's-length basis and consistent with applicable law.

Although the professional staff of the Adviser will devote as much time to the Issuers as the Adviser deems appropriate to perform its duties, the staff of the Adviser may have conflicts in allocating their time and services among the Issuers and other accounts and activities of the Adviser and its affiliates.

Recent changes in legislation, together with uncertainty about the nature and timing of regulations that will be promulgated to implement such legislation, may create uncertainty in the credit and other financial markets and create other unknown risks. The ability of the Issuers to make payments on the Securities could be affected by the Dodd-Frank Act and other recent legislation, regulations already promulgated thereunder and uncertainty about additional regulations to be promulgated thereunder in the future.

Many of these proposals if adopted may represent significant departures from the fundamental principles contained in the current bankruptcy framework and could result in slower and more expensive cases as well as significantly lower recoveries for secured creditors. Certain Securities are highly leveraged. Therefore, the market value of these Securities may be significantly affected by, among other things, changes in the market value of the Collateral, changes in the distributions on the Collateral, defaults and recoveries on the Collateral, capital gains and losses on the Collateral, prepayments on Collateral and the availability, prices and interest rates of Collateral and other risks associated with the Collateral.

Furthermore, the leveraged nature of those Securities may magnify the adverse impact of changes in the market value of the Collateral, changes in the distributions on the Collateral, defaults and recoveries on the Collateral, capital gains and losses on the Collateral, prepayments on Collateral and availability, prices, and interest rates of Collateral.

To reduce the risk that the Issuers will be engaged in a U. Income on such obligations will be subject to U. Blocker Subsidiaries, amounts distributed to the Blocker Subsidiary attributable to such income may also be subject to U. Whether any new Securities would be fungible for U.

Treasury regulations. This determination will depend on facts that cannot be determined at this time, including the date on which such issuance occurs, the yield of the outstanding Securities at that time based on their fair market value and whether any outstanding Securities are publicly traded or quoted at that time. The Issuers may be unable to buy or sell Collateral or to take other actions which the Adviser might consider in the interests of the Issuers and the holders of the Securities and the Adviser may be required to make investment decisions on behalf of the Issuer that are different from those made for its other clients.

In addition, the Adviser may pursue any strategy consistent with the agreements, and there can be no assurance that such strategy will not change from time to time in the future, in its sole discretion. The Issuers and the Adviser will not be required to provide the holders of the Securities with financial or other information which may include material non-public information either receives pursuant to the Collateral and related documents. The Adviser also will not be required to disclose to any of these parties the contents of any notice it receives pursuant to the Collateral or related documents.

In particular, the Adviser will not have any obligation to keep any of these parties informed as to matters arising in relation to any Collateral, except with respect to certain information required to be reported under the collateral management agreement and the indentures. The holders of the Securities and the trustee will not have any right to inspect any records relating to the Collateral, and the Adviser will not regularly be obligated to disclose any further information or evidence regarding the existence or terms of, or the identity of any obligor on, any Collateral.

The Issuers may participate on committees formed by creditors to negotiate the management of financially troubled companies that may or may not be in bankruptcy or the Issuers may seek to negotiate directly with the debtors with respect to restructuring issues.

The participants on such a committee will attempt to achieve an outcome that is in their respective individual best interests and there can be no assurance that results that are the most favorable to the Issuers will be obtained in such proceedings. There are no disciplinary disclosures to report. The Adviser has no other financial industry activities or affiliations that are required to be disclosed.

Transactions and Personal Trading The Adviser has a fiduciary responsibility to treat the Issuers fairly and avoid actual or potential conflicts of interest. Code of Ethics Tall Tree Investment Management, LLC has adopted a Code of Ethics which describes the general standards of conduct that the Adviser expects of all employees and focuses on three specific areas where employee conduct has the potential to adversely affect the Issuers: misuse of confidential information, personal securities trading and outside business activities.

Failure to uphold the Code of Ethics may result in disciplinary sanctions, including termination of an employee by the Adviser. Misuse of Nonpublic Information The Code of Ethics contains a policy against the use of nonpublic information in conducting business for the Adviser. Employees may not convey nonpublic information nor rely upon it in placing personal securities trades.

Participation or Interest in Client Transactions The Adviser may, in appropriate circumstances, cross-trade certain assets between client accounts provided that no client is disfavored. In the event that there is a cross-trade between the Issuers, the Adviser has adopted policies and procedures to comply with Section 3 of the Advisers Act.

To facilitate best execution, the Adviser uses an independent pricing mechanism to ensure objectivity. In addition, the Adviser documents the various reasons for the transaction and suitability for each Issuer involved. Personal Securities Trading The Adviser has adopted personal trading policies and procedures to prevent conflicts of interest with its clients.

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A writer by trade, Harris has been a reporter at Forbes where he wrote the first national story on Starbucks , editor at Rockford Magazine and communications director at The Marmon Group. Fletcher is a founding principal and creative director at a5. He is responsible for the design development and creative direction of a5 projects, including branding and identity, interactive design, naming and more.

He has served as an executive board member Treasurer of the Chicago chapter of the AIGA — the professional organization for design. He has also served as a volunteer creative director for two creative rallies for EPIC, a non-profit that pairs volunteer writers and designers with worthy causes and organizations. Clarice is the third partner and a5's business manager since inception. She manages all administrative aspects of the firm including accounts payables, receivables, payroll, benefits and office management.

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Fletcher Martin, Creative Director Fletcher is a founding principal and creative director at a5. Clarice Harris, Business Manager Clarice is the third partner and a5's business manager since inception. Recent engagements include: From community branding to marketing, local loyalty programs to social media, video storytelling to Google ads programs, a5 helps create healthy, sustainable communities.

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Clarice is the third partner and a5's business manager since inception. She manages all administrative aspects of the firm including accounts payables, receivables, payroll, benefits and office management.

Giles School PTO. Newcity Print See More. Graphic Identities Branding See More. Surgical Care Affiliates digital See More. Aria Group Architects digital See More. Inovateus Solar Print See More. John Harris, Principal John Harris is president and co-founder at a5.

Fletcher Martin, Creative Director Fletcher is a founding principal and creative director at a5. Clarice Harris, Business Manager Clarice is the third partner and a5's business manager since inception. Recent engagements include: From community branding to marketing, local loyalty programs to social media, video storytelling to Google ads programs, a5 helps create healthy, sustainable communities. We recently completed a communications plan and developed new storytelling tools for Village of Northbrook.

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for Institutional Investors. People. Process. Platform. Performance. Email / Ferry Rd., Suite , Warrenville, IL / © , Tall. Tall Tree Investment Management, LLC ("TTIM") is a specialty asset manager focused primarily on non-investment grade credit. The management team has had. Tall Tree Investment Management, LLC operates as an investment advisor. The Company specializes in secured lending and high yield securities.