Terms of Use and Privacy Policy

Commercial Borrowers visiting our Web Site and Users in general should note that:

1. The use of our Web Site is solely at their own risk on an "as is", "as available" basis. Information on our Web Site is provided for general purposes only and is not intended to render accounting, tax, consultative, investment, legal or other professional advice or services, in any form. Laws, regulations and circumstances change constantly. Our Web Site is not intended to constitute the basis for any decision or course of action of any User’s specific circumstances and Users are cautioned to consult with their professional advisors before making any decision or taking any course of action. Arena Finance Company Inc. makes no warranty or representation as to the accuracy, quality or completeness of any information on our Web Site. Arena Finance Company Inc. expressly disclaims all warranties and conditions including merchantability and fitness for a particular purpose, and also disclaims any liability for loss or damages which result directly or indirectly from the use in any form of any of the information on our Web Site including any personal information provided by commercial borrowers and other Users in general. Where such warranties or conditions are legally incapable of exclusion then Arena Finance Company Inc.’s liability shall be limited to the sum of $1.00 in the aggregate regardless of the number of occurrences. Users assume all risks concerning the suitability to their needs and the accuracy of information on our Web Site and any publications therein.

2. The use of this Web Site or any e-mail communication to any one at Arena Finance Company Inc. or to Arena Finance Company Inc. itself does not give rise to a client relationship notwithstanding receipt of such communication.

3. Internet communications may not be confidential and Arena Finance Company Inc. does not guarantee the confidentiality of any e-mail or internet transmissions. Users are cautioned not to send any information via e-mail or the internet where confidentiality or privacy is an issue. Arena Finance Company Inc. assumes no liability whatsoever for any confidential information sent to us over the internet. Arena Finance Company Inc. reserves the right to make changes at any time to the Web Site which may include information, services and technical specifications without notice.

4. Arena Finance Company Inc. expressly disclaims any liability regarding links to other web sites or any information, products, or services that they contain.

5. For the purposes of this Disclaimer, Arena Finance Company Inc. shall include its related or affiliated partnerships and companies, its partners, principals, employees, agents and authorized representatives and includes affiliated corporations and their respective officers, directors, shareholders, employees, agents and authorized representatives.

Privacy Policy

As part of our commitment to your privacy, we have written this policy to help you understand what information we gather about you, how we use that information after we’ve gathered it, and when and how we disclose that information.

Information We Collect

Arena collects non-public information (Information) about the users of the Website from the following sources: through the submission of a business proposal and other forms or agreements that you submit to us, from requests for information and from correspondence and other communications that you have with us. The Information that we gather may include your name, address, telephone number, email address, social security number, and information about your income level and/or assets. You may also be asked for additional required or optional Information.

We may record certain data about your use of the Website so that we may collect information regarding the number and frequency of commerical borrowers to the Website, the websites that users access before and after they visit the Website, the Internet browsers used by our commercial borrowers and our commercial borrower's IP addresses. Such Information is aggregated and will not be tied to you in any personally-identifiable manner other than your IP address. We do not currently use cookies (except to allow access to password-protected portions of the Website) though we may choose to do so in the future.

How We Use Your Information

The Information you provide to us is used for reasonable business purposes and the purpose for which you provided it, including, without limitation, to respond to your request or correspondence. The Information may also be analyzed so that we can serve you in the best manner possible on our Website through new features and functions and to provide you with useful information from Arena.

We may employ outside agents or third-party service providers to operate the Website and employ others to perform functions on our behalf, such as sending postal mail and e-mail and analyzing data. These third parties have access to personally identifiable information needed to perform their functions. These third parties may not use your Information for any other purpose.

We may disclose your Information to certain third parties if you have requested or authorized the disclosure of the Information, and/or if such disclosure is permitted and/or required by law or to protect the integrity of our services and/or the Website. You hereby authorize us to disclose your Information in those circumstances.

Transfer of Information to Third Parties Upon a Change of Control

We retain the right to transfer all Information pursuant to a merger or to a purchaser of Arena or all or substantially all of our assets if that purchaser agrees to abide by the terms of this Privacy Policy and Terms of Use.

How Your Information Is Protected

We take reasonable precautions to protect your Information from loss, misuse or alteration. We restrict access to your Information to those employees who need to know that Information to provide products or services to you, and we maintain physical, electronic and procedural safeguards for your Information that comply with federal regulations. You should recognize, however, that there is no such thing as perfect security on the Internet.

Links to Third Party Sites

The Website may contain links to sites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any Information.

Ownership of Content

All text, images, graphics, sounds and software code (Content) on the Website are copyrighted property of Arena, its affiliates or others. They may only be used for the personal education of commercial borrowers to the Website and they may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without our prior written consent.

Trademarks

Arena and other marks indicated on the Website are service marks of Arena or its affiliates. They may not be used or displayed without the prior written consent of Arena. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.

Website Directed primarily at Commercial Borrowers in North America

The Website is targeted at and intended for commercial borrowers residing in North America. Given the global nature of the Internet, however, the Website may be accessed by commercial borrowers residing outside of North America. We make no representations or warranties that the Website is appropriate or available for use in countries outside of North America. Commercial borrowers who choose to access the Website from outside of North America do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Children Under 18

Children are not eligible to use our Website. If you are under 18, you can use this Website only in conjunction with your parents or guardians.

Limitation of Liability

Arena and its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Website and services or resulting from any information or services obtained or messages received or transactions entered into through the Website or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site.

Applicable Law

This Privacy Policy and Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Any legal questions or disputes arising from the use of our Web Site shall be governed by the laws of the Province of Ontario, and the laws of Canada applicable therein, and the courts of the Province of Ontario shall have primary jurisdiction.

How You Can Update or Correct Your Information and Contact the Website

You can call Arena at the number provided on our Website or send a message to IR@arenaco.com to update or correct your Information.

Please also contact us at IR@arenaco.com if you have any questions or concerns regarding the Website or this Privacy Policy and Terms of Use.

Disclaimer

The Arena Website has been provided for information purposes only and its contents designed principally for potential commercial borrowers. Any mention of “investments” are simply illustrations of the types of loans we may provide.

The Arena Website is not intended as, and is not to be taken as, an offer or solicitation with respect to the purchase or sale of any security or investment advisory service, nor does it constitute an offer or solicitation in any jurisdiction or to any person or entity to whom it is unlawful to make such a solicitation or offer.

Arena may change these conditions, at any time, which will be posted accordingly on the Arena Website. Your access to the Arena Website is governed by the relevant conditions currently in place. To the maximum extent permitted by law, Arena disclaims all liability to you arising out of your use of the Arena Website.

By using this Site, you are agreeing to be bound by the following terms and conditions.

The information on this Site is intended to furnish users with general information on matters that they may find to be of interest. While every effort has been made to offer current and accurate information, errors can occur. Furthermore, this Site may contain references to certain laws and regulations. Laws and regulations will change over time and should be interpreted only in light of particular circumstances.

All content on the Site and all services provided through it are provided "as is", with no guarantees of completeness, accuracy or timeliness, and without representations, warranties or other contractual terms of any kind, express or implied. Arena Finance Company Inc. does not represent or warrant that this Site, the various services provided through this Site, and / or any information, software or other material downloaded from this Site, will be accurate, current, uninterrupted, error-free, omission-free or free of viruses or other harmful components.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARENA FINANCE COMPANY INC. DISCLAIMS ALL LIABILITY TO YOU AND EVERYONE ELSE IN RESPECT OF THE CONTENT ON THIS SITE AND ALL SERVICES PROVIDED THROUGH IT, WHETHER UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE, AND WHETHER IN RESPECT OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF ARENA FINANCE COMPANY INC. WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Patient Capital, Creative Solutions

Our capital is long-term oriented. Our platform is flexible. We customize lending solutions efficiently.

Broad Investment Horizon

Our investment horizon is broad. We consider transactions across diverse areas with a focus on corporate private credit, real estate private credit, and structured finance.

Reliable Capital Provider

We understand the needs of borrowers who desire reliable sources of capital. We are dependable. We deliver promptly.

Arena Finance Company is a commercial finance business that seeks secured, fundamentals based, asset-oriented credit opportunities in corporate credit, real estate credit, and structured finance. Arena Finance Company is affiliated with Arena Investors, LP, a global investment firm and merchant capital provider.

Corporate
Private Credit

Real Estate
Private Credit

Structured
Finance

Corporate
Private Credit

Direct lending to small and middle market businesses, growth financing, and secondary purchase of loans to borrowers with substantial assets or defensible franchises.

Overview

We seek to originate debt investments in privately-held middle market businesses across a variety of industries.

Investments typically support buyouts, acquisitions, recapitalizations, refinancings and growth financings via unitranche, senior and junior debt financing structures. Arena provides speed of execution and its flexible capital allows for creative structures to meet borrowers' financing needs.

In addition to direct originations, Arena actively co-invests in transactions with other lenders.

Segments

U.S. Leveraged Finance

Canadian Leveraged Finance

Resources Finance (i.e. Energy/Mining and associated services)

Structured Private Investments

Investment Structure

Unitranche

1st and 2nd Lien Term Loans

Junior Secured Debt

Minority Equity and Royalties

Private Equity Sponsored or Non-Sponsored

Cash Flow or Non-Traditional ABL

Parameters

$5M - $40M

Investment Size

$0M - $40M

Ebitda Range

$25M+

Revenue

1 - 5 years

Term

Asset Classes:

Healthcare

Technology / Software

Manufacturing

Energy

Financial Services

Business Services

Real Estate Private Credit

Opportunistic commercial mortgage lending. Secondary market loan purchases secured by transitional and other types of niche properties.

Overview

We seek to originate and acquire short-term, transitional high yield real estate credit investments that include first mortgage bridge loans, B-Notes and mezzanine loans.  We also selectively invest in preferred equity.

In addition to direct originations, Arena forms joint venture relationships with other private real estate lenders and provides co-investment capital to form and expand existing origination platforms.  Arena's discretionary and flexible capital provides speed of execution and allows for “out of the box” creative structures to meet its borrowers financing needs.

Segments

Direct Credit Originations

Private Lender Joint Venture Originations

Mortgage Acquisitions

Investment Structure

First mortgage

B-note

Mezzanine

Preferred Equity

Parameters

$5M - $30M

Investment Size

Up to 85%

Loan to Value

12 - 36 Months

Term

Sponsorship

Real Estate Owners, Developers and Private Lenders

Asset Classes:

Office

Retail

Healthcare

Multi-Family

Hospitality

Industrial

Self Storage

Entitled Land

Structured Finance

Investments or loans backed by originated financial assets as well as the secondary market purchase and servicing of these assets.

Overview

We seek to originate debt investments to specialty finance companies and other asset originators on a senior secured or junior secured basis.

In addition to loan origination, we actively participate in the purchase and financing of assets across an array of asset classes, as well as the purchase of securities and residuals related to them. Arena provides speed of execution and flexible financing solutions to borrowers or their agents.

Segments

Asset-Based Lending

Asset Purchases

Joint Ventures

ABS Securities

Investment Structure

Senior Secured Loans

Junior Secured Loans

Subordinated Securities

Residuals

Performing and Non-Performing Portfolio Purchases

Joint Ventures

Asset Financing and Purchases (e.g. equipment)

Parameters

$5M - $25M+

Investment Size

Asset Classes:

Equipment Leases

Auto Loans

Receivables

Unsecured Consumer Loans

Structured Settlements

Litigation Finance

Aviation Finance