THIS AGREEMENT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.
The Firm owns, operates and maintains the Site. The Site and the content, including, but not limited to, text, data, information, reports, images, photos, graphics, graphs, charts, animations and video displayed on the Site (the "Content") is the property of the Firm, or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Site may be registered, or unregistered Marks of the Firm, or others. Nothing contained on the Site should be construed as granting any license or right to use any of the Marks displayed on the Site without the express written consent of the Firm, or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.
You agree that when accessing Content on the Site, you shall not use such Content for any purpose that is contrary to, or violates, any applicable law or regulation. In addition, the use of the Site is for your personal and non-commercial use. You may print, copy, and download any Content contained in the Site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content obtained on the Site, except as otherwise expressly provided herein, without the express prior written consent of the Firm. If you copy or download any Content you agree not to obscure, delete or modify any notices or legends contained therein.
Sign-In Name and Password Policy
Certain areas of the Site may require you to register prior to being granted access. During the registration process, you will create a unique sign-in name ("Sign-In Name") and a password ("Password") subject to our procedures. Each Sign-In Name and Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using your Sign-In Name and Password. You shall notify the Firm immediately if you become aware of any loss, theft or unauthorized use of your Sign-In Name or Password and the Firm reserves the right to delete or change one or both of them at any time and for any reason.
Intellectual Property Rights in the Site
You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of the Firm or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The Firm is not liable for any form of copyright infringement.
Linking and Framing
No Responsibility for Connectivity
You are responsible for the means you use to access the Site and all costs associated therewith. The Firm is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Disclaimer of Warranty
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FIRM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. THE FIRM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. THE FIRM DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Not Registered as an Investment Adviser or Broker-Dealer
Colbeck currently is not registered as an investment adviser under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers Act"), or under similar state laws, and Colbeck is not registered as a broker-dealer with the Securities and Exchange Commission (the "SEC") or the Financial Industry Regulatory Authority ("FINRA"). Nothing contained herein shall constitute investment advice or the provision of broker-dealer services.
No Offers or Reliance
No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy any securities or services of any of the Firm's affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law. The Firm is not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. The Firm does not advise on the tax consequences of any investment. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Limitation of Liability
You shall indemnify and hold harmless the Firm Parties for any and all claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site, or any violation of this Agreement.
Use of Personally Identifiable Information
When you visit the Site, we may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Web design and functionality.
“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer’s hard drive. The Firm may set and access cookies on your computer to track and store preferential information about you. The Firm may gather information about you through cookie technology. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer or device and to delete cookies stored on your computer or device. If you choose to eliminate cookies, the full functionality of the Site may be impaired for you.
We encode our cookies so that only we can interpret the information stored in them.
Web beacons or zero or single byte tags are embedded in a Web page or email for the purpose of measuring and analyzing site usage and activity. The Firm, or third party service providers acting on our behalf, may use Web beacons to help us analyze Site usage and improve the Site.
Security of the Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. The Firm reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. The Firm will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
Electronic Communications and Contracting
European Economic Area Users
When you provide the Firm with your Personal Data, you acknowledge that this information may be stored and processed on servers located outside the European Economic Area ("EEA") and you consent to your Personal Data being exported outside the EEA and being stored and processed at the Firm's discretion on any of its servers wherever located.
This policy shall be governed by the laws of the State of New York, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be New York, New York.
Mr. Colodne co-founded Colbeck as a Managing Partner in 2009. Mr. Colodne is the senior transaction partner at Colbeck and oversees every aspect of investment execution, including diligence, documentation and portfolio management.
Prior to Colbeck, Mr. Colodne was the President of Patriarch Partners, a $6 billion private equity firm focused on distressed company turnarounds. Prior to that, Mr. Colodne was a Managing Director at Morgan Stanley, and Head of the Strategic Finance division where Mr. Colodne was hired to create a strategic lending business. Mr. Colodne established infrastructure for deal sourcing, accounting, deal execution, portfolio management, loan closing and administration, and credit trading. Mr. Colodne also established all internal processes and procedures, including loan documentation and execution. The Morgan Stanley Strategic Finance division transacted on $19 billion of Strategic Lending loan volume.
Prior to Morgan Stanley, Mr. Colodne was Head of Proprietary Distressed Investing and Hybrid Lending at Goldman Sachs. Mr. Colodne also held credit investing positions at UBS in the Proprietary Distressed Securities Investing area and at Bear Stearns in the Financial Sponsors Group in Investment Banking. Mr. Colodne has held board seats on multiple portfolio companies and participated in numerous restructuring steering committees. Mr. Colodne is a member of the Young Professionals Organization-Metro New York (YPO), and is a Board member of the Centurion Foundation, and a Committee member at the Children’s Tumor Foundation. Mr. Colodne is a graduate of the University of Pennsylvania.