CLO resilience amidst volatile markets
16-Apr-25
Busting the CLO CCC myth
02-Jun-25
CLO resilience amidst volatile markets
16-Apr-25
Busting the CLO CCC myth
02-Jun-25
 

Insights

10 minute read

Correcting CCC confusion

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Barry Povey

Principal

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Understanding the impact of CCC assets on CLOs

Given the complexity of this topic, the impact of loan downgrades within a CLO’s portfolio can create confusion for investors. Articles in the media often cite the dangers for CLO debt investors of growing CCC balances in portfolios, that could result in forced selling of CCC assets at distressed levels.

We delve into some of these topics to clarify the implications for CLOs should CCC balances rise and dispel this common myth.

We will explain how the CCC limit in CLOs is not a forced liquidation trigger but rather one of several pre-emptive features which offer protection to CLO note holders. These features have contributed to robust credit performance observed through multiple market cycles over the last 25 years.

How CLOs are structured to be resilient to market volatility

A large advantage of CLO portfolios is their ability to avoid exposure to market volatility given their non-mark-to-market structures. No AAA-rated CLO has ever defaulted in over 25 years (when rating agency data first started being collected).1 This is a track record that covers the Asian Financial Crisis (1997), Russian default (1998), Dot-com bubble (2000-2002), Global Financial Crisis (2007-2008), Eurozone crisis (2009-2012), and COVID (2020).

CLOs have maintained this record in part through the numerous tests built into the structure. This ensures that CLOs operate as designed, with sufficient loan collateral to protect investors throughout the lifecycle of the deal. CLO debt notes are structured to be over-collateralised. That is to say there are more assets (underlying loans) backing their investment than is owed on that investment. This is a common feature of many debt structures, such as residential mortgages, in which the total amount the bank lends is lower than the property’s value, providing the bank with a cushion should the value of the property decline. A typical CLO deal may have €225m AAA debt but €375m assets backing them. This provides a cushion to the AAA investor – the assets could experience €150m of losses before they are worth less than the amount owed on the AAA-rated CLO debt.

The benefit of over-collateralisation

The structural tests maintained by CLOs

To consistently measure this ‘over-collateralisation’, each CLO specifies a series of tests, all working in a similar way. The calculation involves taking the total amount of assets in the deal (the underlying loans) and divide it by the CLO debt (e.g. the AAA tranche). This is known as the over-collateralisation ratio (OC ratio). In the above example, the OC ratio would be 167% (€375m / €225m). This number is then compared to a predetermined limit every month (e.g. 127%) to determine whether the OC test is in compliance.

If the OC ratio is above this limit, the OC test passes and cash flows through the payment waterfall. If it is below the limit, then cash flows that would have been paid to the equity of the CLO get redirected to increase the ratio back to an acceptable level. This can be achieved by decreasing the denominator (paying back the AAA investor) or in some cases buying more assets (increasing the numerator). This mechanism helps keep a CLO investor’s exposure lower than the total amount of assets in the deal. Importantly, there is no forced selling required in this process – the structure automatically redirects cashflows, which would have been distributed to the equity tranche, to the AAA investors.

A key consideration is how to calculate the amount of underlying loan assets in a deal. There are two potential methods –

  1. ‘Par value’: Sum the total amount borrowed on each loan.
  2. Current market value: Sum the market price investors would currently pay for each loan.

CLOs use method 1 (par value) – this is what is meant by ‘non-mark-to-market’.

The total amount of loans will not change as market prices move up and down, which creates more predictability in the test levels. That’s not to say market values are not informative – many CLO investors consider the total market value of the loans at any time when making a CLO investment. However, as CLOs use method 1 for calculating tests, this allows the CLO to function predictably throughout volatile periods.

A simplified CLO payment waterfall

How asset risk is incorporated into CLO tests

So far, we have established that the OC test serves as a safeguard to ensure that the value of the underlying loan portfolio remains sufficient to cover the outstanding debt throughout the life of a CLO. While it is true that using the par value of loans for calculating the OC ratio is sensible for preventing erratic test results, it may not be appropriate if the CLO’s loan portfolio includes an elevated number of loans with a lower likelihood of being repaid at par.

To address this, CLO structures incorporate provisions to account for credit migration, particularly for loans rated CCC or lower. The "CCC haircut" mechanism ensures that when a CLO portfolio has a material concentration of CCC-rated assets, those loans are no longer all valued at par in OC calculations. Instead, a portion of these CCC loans is valued at prevailing market prices to reflect potential impairments. In this way, the CLO structure is taking pre-emptive provisions given the fundamental quality of certain assets may have deteriorated.

To haircut or not to haircut? – calculating the CCC haircut

Each month, the CLO trustee aggregates the par amount of all CCC-rated loans within the portfolio. If the total par amount of CCC loans does not exceed 7.5% of the overall loan portfolio, the OC ratio continues to be calculated using the par values for all assets. However, once the CCC concentration surpasses this 7.5% threshold, the treatment changes. For any CCC loans above the threshold, the trustee includes them in OC calculations at their market value rather than their par value. Importantly, this is only for the CCC loans in excess of the threshold, of which the lowest-priced CCC assets are selected. This prevents selective pricing and ensures the most conservative outcome – a process commonly referred to as the “CCC haircut.”

To illustrate this mechanism, consider a CLO with €375 million in total assets and €350.6 million in rated debt. The OC test which is most likely to fail first if CCC’s increase would be the reinvestment over-collateralisation test. This OC ratio takes the total assets in the CLO divided by all the rated debt (as opposed to just the AAA tranche), resulting in a ratio of 107%, providing a 4% cushion above a typical test threshold of 103%.

Assuming that 10% of the portfolio comprises of CCC loans, each trading at 50% of par, the deal would be haircut to €370m total assets (rather than €375m). This would be comprised of:

  • €337.5m non-CCC loans counted at par (90% of €375m)
  • €28.1m of CCC assets counted at par (7.5% of €375m)
  • €4.7m of CCC assets above 7.5% counted at market value (2.5% of €375m at 50% of face value)

Determining asset value for OC tests

This adjustment would reduce the OC ratio to approximately 105.6% (from 107%) and result in a cushion of 2.6% (from 4%) above the limit. Further increases in CCC loan concentrations or additional price deterioration could reduce this cushion further and potentially trigger a test failure. Should the reinvestment OC ratio fall below its threshold, the CLO would be required to divert subordinated noteholder (equity) distributions until compliance is restored above 103% – typically by repaying senior noteholders or purchasing additional performing collateral.

Modelling the sensitivity of CLOs to CCC risk

An important consideration for CLO investors is determining the level of CCC-rated loan concentration that would cause an OC test to fail. The chart below illustrates how the OC cushion declines as the proportion of CCC assets increases. While the 7.5% threshold is the point at which market value haircuts begin to apply, it does not typically result in an immediate test failure. In this example, a breach of the reinvestment OC test does not occur until the CCC balance reaches approximately 15% of the portfolio.2

It is important to note that while 7.5% is the pre-emptive provision which starts causing the test cushion to decline, the actual level at which the cushion turns negative (causing the test to breach and cashflow diversion) depends on the specific structure and asset composition of each CLO.

Sensitivity to CCC risk

Assuming CCC assets priced at 50c

Conclusion

  1. Over-collateralisation: This feature helps to provide CLO debt investors with structural protection and is maintained throughout the CLO’s lifecycle through a series of ‘OC’ tests.
  2. Non-mark-to-market: The OC test is measured using the par value of performing assets. This helps to insulate CLOs against market gyrations and provide investors with stability during periods of wider volatility.
  3. 7.5% CCC provision: Rather than a hard limit, the 7.5% CCC threshold is the percentage at which the OC test cushions will start decreasing in a deal, but will not cause the forced selling of loans.
  4. Cashflow diversion: 7.5% does not represent the CCC threshold at which cashflows will begin to divert either. In the example above (of a typical recent structure), the CCC balance must be in excess of 15% to trigger cashflow diversion.
  5. CLOs are not forced to sell loans: If CCC balances rise, CLO managers may actively elect to sell based on a credit decision (the potential for the credit quality of the loans to deteriorate further). If no action is taken and the CCC balance climbs to a sufficiently high level, the CLO’s protections will automatically kick-in and guard CLO debt investors by redirecting cashflows from the equity to the AAA investor.

 

The CCC excess is a little complicated and that unfortunately can create confusion when generalists comment or write about it in the press. However, for those willing to take time to understand the dynamics, it becomes clear that the CCC excess is not a forced liquidation trigger but rather a pre-emptive measure aimed at offering additional protection to CLO debtholders. They will also see how these tests protect CLO investors and have resulted in the robust credit performance observed over the last 25 years.

Endnotes

  1. S&P’s, “Default, Transition, and Recovery: 2023 Annual Global Leveraged Loan CLO Default And Rating Transition Study”, 10-year time horizon, 27-Jun-24.
  2. Fair Oaks Capital as at 09-May-25. Illustrative example using Trinitas Euro 9 CLO. Analysis assumes CCC trading price of 50c.

Capital is at risk. The value of your investment may go down as well as up and you may not get back the amount you invested. Investors should read the key risks section and important information section of this page, KIID and Prospectus prior to investing.

GLOSSARY

Collateralised Loan Obligation (CLO): Securities backed by corporate debt assets. Both CLO securities and underlying assets are typically floating-rate, meaning a regular but variable interest payment is received as it is tied to a benchmark rate (typically EURIBOR in Europe and SOFR in the US). CLO securities are issued in multiple classes ranging from rated debt notes (typically AAA to BB/single-B) to first-loss equity notes. The principal and interest received from CLO’s assets is allocated sequentially between the classes. The payment of interest and principal to holders of CLO equity notes will only be made from the cash flows received on the CLO’s assets after senior ranking classes and expenses of the CLO have been sequentially paid, starting from the most senior class outstanding. CLO debt is sequentially protected by loss-absorbing junior-ranking notes, while the equity note bears the first risk default on the CLO’s assets.

Sustainable Finance Disclosure Regulation (SFDR) classification: Article 8 indicates that the product promotes environmental or social characteristics.

Total Expense Ratio (TER): A measure of the total costs per annum associated with managing and operating the product. This primarily consists of management fees and operating expenses such as trustee, custody or registrations costs. Expressed as a percentage of assets under management.

Current yield: Weighted average current coupon of assets held by the portfolio divided by the weighted current market price of the portfolio. Expressed as a percentage. The coupon of a CLO is typically paid quarterly and is tied to a reference rate (typically EURIBOR in Europe and SOFR in the US). Expressed as a percentage.

Spread to maturity: The discount margin over the benchmark rate (typically EURIBOR in Europe and SOFR in the US) that equates the present value of the portfolio’s cash flows with its market value, if all investments are held to their expected maturities. Expressed as an annual percentage.

Spread duration to maturity: Sensitivity of a bond’s price to a change in credit spreads, modelled based on expected average life for the invested portfolio. Expressed in years.

Total return: The change in value of an investment over a certain timeframe. It includes any net income (such as dividends) and change in capital value. Typically measured net of any fees. Expressed as a percentage change.

Interest rate duration: A measure of the responsiveness of an investment’s price to changes in interest rates. Expressed in years.

Undertakings for collective investment in transferable securities (UCITS): A European regulatory framework for open-ended funds investing in listed securities, authorised and monitored by a regulatory body (such as the Commission de Surveillance du Secteur Financier in Luxembourg or the Central Bank of Ireland in the Republic of Ireland).

Key investor information document (KIID): A short, two-page, document containing essential information about a fund, providing investors an understanding of the key risks and helps them to make an informed investment decision.

 

KEY RISKS

The following risks may affect the Sub-Fund. Full details of all risks the Sub-Fund is exposed to are provided in the Prospectus and KIID.

CLO valuation: The value of a CLO may be affected by a number of factors, including: credit spreads, changes in the performance or the market’s perception of the underlying assets backing the security and changes in the market’s perception of the adequacy of credit support built into the security’s structure to protect against losses. 

CLO liquidity: The secondary market for CLOs may not be as liquid as the secondary market for corporate debt. As a result, the Investment Manager could find it more difficult to sell these investments or may be able to sell them only at prices lower than if they were more widely traded. It may be difficult to establish accurate prices for such investments for the purposes of calculating the Sub-fund’s Net Asset Value. Therefore, prices realised upon the sale of such investments may be lower than the prices used in calculating the Sub-fund’s Net Asset Value.

Dependence on Managers of CLOs: The performance of the Sub-fund’s investments in CLOs will depend in part upon the performance and operational effectiveness of the managers of the CLOs.

Secondary Market Trading Risk: There is no guarantee that trading of ETF Shares on stock exchanges shall be possible including in, but not limited to, the following circumstances (i) such listing has not been achieved and/or maintained, (ii) the rules and requirements of any stock exchanges applicable to the listing of ETF Shares have changed or (iii) trading on such stock exchanges is suspended due to market conditions. Notwithstanding the listing of the ETF Shares on one or more stock exchange, there is no guarantee as to the liquidity of the ETF Shares on any stock exchange or as to the correlation of the trading price of ETF Shares on any stock exchange and the Net Asset Value for such ETF Share. On any given stock exchange, ETF Shares may trade at, above or below their Net Asset Value and such trading price may fluctuate in accordance with changes in the daily Net Asset Value, intraday changes in the Net Asset Value and market supply and demand for ETF Shares.

 

IMPORTANT INFORMATION

FOR INSTITUTIONAL AND INFORMED INVESTORS ONLY.  NO OTHER PERSONS SHOULD RELY ON THE INFORMATION CONTAINED WITHIN THIS PAGE.

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Past performance is no indication of future results. Inherent in any investment is the potential for loss. Returns may increase or decrease as a result of currency fluctuations. Target returns and distributions are hypothetical targets only and are neither guarantees nor predictions or projections of future performance. There can be no assurance that such targeted returns will be achieved or that the product will be able to achieve its investment objective, policy or strategy or avoid substantial losses. Any decision to invest should be based on the information contained in the appropriate prospectus and after seeking independent investment, tax and legal advice. The content of this page does not constitute investment advice nor an offer for sale nor a solicitation of an offer to buy any product or make any investment.

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An introduction to CLOs

Fair Oaks’ core belief is that the CLO market generates consistent, repeatable, and superior risk-adjusted returns over multiple market cycles versus other credit strategies:

  1. Diversified access to senior secured loans
  2. Attractive yield versus similarly rated credit assets
  3. Historically low default rate through multiple market cycles
  4. Minimal interest rate risk

CLOs are actively managed diversified senior secured loan portfolios, consisting of 100-300 large corporate issuers. While loans typically have extended settlement periods, CLOs settle on a T+2 basis given they are tradable securities, providing liquidity to investors. Each CLO is efficiently financed by long-term debt notes and a first-loss equity note. This combination of diverse underlying senior secured loans, with the structural integrity and flexibility of the CLO structure, enables CLOs to stand apart in the credit markets.

 

Debt notes sequentially receive quarterly interest payments above the reference rate (SOFR/EURIBOR) through a cashflow waterfall.  Payments are first made to senior debt notes (rated AAA) until junior debt notes (rated BB or single-B), with net excess cashflows paid to the equity tranche.

 

Subordination provides protection to debt notes as credit losses flow up through the capital structure. This has resulted in low historical default rates, enabling CLO notes to outperform default rates of similarly rated and even higher rated corporates.

CLOs attract a broad and stable investor base as a result of the credit rating assigned to debt notes, from banks, pension funds and insurance companies to specialized asset managers and hedge funds. As a result, the CLO market now stands at over $1 trillion in size, making it an established and liquid asset class. Given the c.25+ year track record, liquidity profile and opportunity for exposure to loans, CLOs are a key asset class for investors to consider in order to diversify a portfolio.

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Important notice

This website is operated by Fair Oaks Capital Limited, a limited company registered in England and Wales, with registered number 08260598, having its registered office at 1 Old Queen Street, London, SW1H 9JA. By using this website, you agree to these Terms and Conditions of Use, as well as to Fair Oaks Capital Limited’s Privacy Notice and Cookies Policy (together the “Terms”), which constitute a legal agreement between you and Fair Oaks Capital Limited governing your access to and use of this website. It is your responsibility to review the Terms and to make sure you understand and comply with them. Your compliance with the Terms is an ongoing condition to your use of this website, and you may not use it if you are not prepared to comply with all of the Terms.

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This website is provided for your general information only and does not constitute investment advice or an offer to sell or the solicitation of an offer to buy any investment.

Nothing on this website is advice on the merits of any product or investment, nothing constitutes investment, legal, tax or any other advice nor is it to be relied on in making an investment decision. Prospective investors should obtain independent investment advice and inform themselves as to applicable legal requirements, exchange control regulations and taxes in their jurisdiction.

This website complies with the regulatory requirements of the United Kingdom. There may be laws in your country of nationality or residence or in the country from which you access this website which restrict the extent to which the website may be made available to you. If you are not permitted to access this website in accordance with the laws of your country or nationality of residence then please leave this website now.

Certain information contained on this website may be of a historical nature and may now be out of date. All historical information should be understood as speaking from the date of its first publication.

Likewise, this website may contain forward-looking statements. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. We undertake no duty to update publicly any forward-looking statements contained herein, in light of new information or future developments.

Although the information provided to you on this website is obtained or compiled from sources we believe to be reliable, we cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. All information published is in good faith but no representation or warranty, express or implied, is made by us or any person as to its accuracy or completeness and it should not be relied on as such. We shall have no liability for any loss or damage arising out of the use of or reliance on the information provided including, without limitation, any loss or other damage, direct or consequential.

We have published a number of articles in the Insights section of this website. Opinions in such articles are our current opinions, and are subject to change without notice. We assume no responsibility to update information contained in such articles or to notify you of any changes. Any outlooks, forecasts or portfolio weightings presented in such articles are as of the date appearing therein and are also subject to change without notice. We disclaim any responsibility to update such views. Such commentary is intended for ‘institutional investors’ only (as such term is defined in various jurisdictions). Such commentary does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. Such commentary discusses topical aspects of credit markets and should not be construed as research, investment advice, or any investment recommendation. Investment concepts mentioned in such commentary may be unsuitable for investors depending on their specific investment objectives and financial position. Fees, commissions, tax considerations and other transaction costs may significantly affect the economic consequences of any investment concepts referenced in such commentary and should be reviewed carefully with one’s investment and tax advisers. All information in such commentary is believed to be reliable as of the date on which this commentary was issued, and has been obtained from sources believed to be reliable. No representation or warranty, either express or implied, is provided in relation to the accuracy or completeness of fairness of the information or opinions contained therein.

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We may monitor and/or record any telephone communications and electronic communications with you.

Risk Warnings

Investments can involve significant risk. Past performance is not a guarantee of future performance. The price of investments can go down as well as up and may be affected by changes in rates of exchange. An investor may not get back the amount invested. Target returns and distributions are hypothetical targets only and are neither guarantees nor predictions or projections of future performance. There can be no assurance that such targeted returns will be achieved. The price of investments listed on an exchange is determined by supply and demand, and may not equate to the value of the investment’s underlying assets. Any decision to investment should be based on the information contained in the appropriate prospectus, offering memorandum or equivalent contractual document and after seeking independent investment, tax and legal advice.

Linked Websites

This website may provide addresses or hyperlinks which lead you to other websites (“Linked Sites”). We have not reviewed nor do we endorse or recommend any products or services offered or information contained on Linked Sites, and disclaim any liability for their content or any consequences of their use. Any web addresses and hyperlinks in this website are provided solely for convenience and information. Accessing any Linked Sites shall be at your own risk.

IP rights

This website and its content are owned by Fair Oaks Capital Limited, and may contain information, text, graphics, video, software, logos, and other materials (“Content”) that are protected by copyright, trademarks, or other proprietary rights. No permission is granted to upload, copy, modify, post, frame, amend or distribute any of the Content of this website in any way without obtaining the prior written permission of Fair Oaks Capital Limited. All intellectual property rights in any part of the world which subsist in the Contents of this website and which belong to Fair Oaks Capital Limited, save as expressly granted, are hereby reserved. This website contains various registered and unregistered trade marks belonging to Fair Oaks Capital Limited. The registered trademarks include, but are not limited to, “Fair Oaks”, “Fair Oaks Capital” and the Fair Oaks Capital logo.

Jurisdiction

Use of this website shall be governed by and construed in accordance with the laws of England and Wales and any dispute arising in relation to this website is subject to the jurisdiction of the English courts.

Variation of Terms of Use

We reserve the right to vary these terms of use at any time and will post any variations here. You are advised to review these terms of use on a regular basis as you will be deemed to have accepted variations if you continue to use the website after they have been posted.

✕

HOW TO INVEST IN FAIR OAKS AAA CLO ETF

Via primary market

through authorised participants

Via OTC

through bank or authorised participant

Via exchange

through broker

CONTACT FAIR OAKS
✕

Welcome

Please confirm your country of residence and investor type:

Investor type

By selecting Professional Client, you affirm either that you are a Per Se Professional Client, or that you wish to be treated as an Elective Professional Client, both as defined under the markets in Financial Instruments Directive (in the case of persons access this website from the UK, as transposed into UK law), or an equivalent in a jurisdiction outside the European Economic Area.

Terms and Conditions

Important notice

This website is operated by Fair Oaks Capital Limited, a limited company registered in England and Wales, with registered number 08260598, having its registered office at 1 Old Queen Street, London, SW1H 9JA. By using this website, you agree to these Terms and Conditions of Use, as well as to Fair Oaks Capital Limited’s Privacy Notice and Cookies Policy (together the “Terms”), which constitute a legal agreement between you and Fair Oaks Capital Limited governing your access to and use of this website. It is your responsibility to review the Terms and to make sure you understand and comply with them. Your compliance with the Terms is an ongoing condition to your use of this website, and you may not use it if you are not prepared to comply with all of the Terms.

Fair Oaks Capital Limited is authorised and regulated by the UK Financial Conduct Authority (“FCA”). References to “we” or “us” shall mean Fair Oaks Capital Limited and, where relevant, its affiliates, including Fair Oaks Capital US LP. Fair Oaks Capital US LP is a Delaware limited partnership with its place of business at 152 West 57 Street, New York, NY 10019.

Content of this website

This website is provided for your general information only and does not constitute investment advice or an offer to sell or the solicitation of an offer to buy any investment.

Nothing on this website is advice on the merits of any product or investment, nothing constitutes investment, legal, tax or any other advice nor is it to be relied on in making an investment decision. Prospective investors should obtain independent investment advice and inform themselves as to applicable legal requirements, exchange control regulations and taxes in their jurisdiction.

This website complies with the regulatory requirements of the United Kingdom. There may be laws in your country of nationality or residence or in the country from which you access this website which restrict the extent to which the website may be made available to you. If you are not permitted to access this website in accordance with the laws of your country or nationality of residence then please leave this website now.

Certain information contained on this website may be of a historical nature and may now be out of date. All historical information should be understood as speaking from the date of its first publication.

Likewise, this website may contain forward-looking statements. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. We undertake no duty to update publicly any forward-looking statements contained herein, in light of new information or future developments.

Although the information provided to you on this website is obtained or compiled from sources we believe to be reliable, we cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. All information published is in good faith but no representation or warranty, express or implied, is made by us or any person as to its accuracy or completeness and it should not be relied on as such. We shall have no liability for any loss or damage arising out of the use of or reliance on the information provided including, without limitation, any loss or other damage, direct or consequential.

We have published a number of articles in the Insights section of this website. Opinions in such articles are our current opinions, and are subject to change without notice. We assume no responsibility to update information contained in such articles or to notify you of any changes. Any outlooks, forecasts or portfolio weightings presented in such articles are as of the date appearing therein and are also subject to change without notice. We disclaim any responsibility to update such views. Such commentary is intended for ‘institutional investors’ only (as such term is defined in various jurisdictions). Such commentary does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. Such commentary discusses topical aspects of credit markets and should not be construed as research, investment advice, or any investment recommendation. Investment concepts mentioned in such commentary may be unsuitable for investors depending on their specific investment objectives and financial position. Fees, commissions, tax considerations and other transaction costs may significantly affect the economic consequences of any investment concepts referenced in such commentary and should be reviewed carefully with one’s investment and tax advisers. All information in such commentary is believed to be reliable as of the date on which this commentary was issued, and has been obtained from sources believed to be reliable. No representation or warranty, either express or implied, is provided in relation to the accuracy or completeness of fairness of the information or opinions contained therein.

Distribution of information

The distribution of the information and material on this website may be restricted by law in certain countries. None of the information is directed at, or is intended for distribution to, or use by, any person or entity in any jurisdiction (by virtue of nationality, place of residence, domicile or registered office) where publication, distribution or use of such information would be contrary to local law or regulation, or would subject us to any registration or licensing requirements in such jurisdiction. You must inform yourself about, and observe any such restrictions in your jurisdiction and by accessing this website you represent that you have done so. The information on this website is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities in the United States to or for the benefit of any United States person (being residents of the United States or partnerships or corporations organised under the laws thereof). None of the funds or other investment products contained on this website have been registered in the United States under the Investment Company Act of 1940 and interests therein are not registered in the United States under the Securities Act of 1933.

We may monitor and/or record any telephone communications and electronic communications with you.

Risk Warnings

Investments can involve significant risk. Past performance is not a guarantee of future performance. The price of investments can go down as well as up and may be affected by changes in rates of exchange. An investor may not get back the amount invested. Target returns and distributions are hypothetical targets only and are neither guarantees nor predictions or projections of future performance. There can be no assurance that such targeted returns will be achieved. The price of investments listed on an exchange is determined by supply and demand, and may not equate to the value of the investment’s underlying assets. Any decision to investment should be based on the information contained in the appropriate prospectus, offering memorandum or equivalent contractual document and after seeking independent investment, tax and legal advice.

Linked Websites

This website may provide addresses or hyperlinks which lead you to other websites (“Linked Sites”). We have not reviewed nor do we endorse or recommend any products or services offered or information contained on Linked Sites, and disclaim any liability for their content or any consequences of their use. Any web addresses and hyperlinks in this website are provided solely for convenience and information. Accessing any Linked Sites shall be at your own risk.

IP rights

This website and its content are owned by Fair Oaks Capital Limited, and may contain information, text, graphics, video, software, logos, and other materials (“Content”) that are protected by copyright, trademarks, or other proprietary rights. No permission is granted to upload, copy, modify, post, frame, amend or distribute any of the Content of this website in any way without obtaining the prior written permission of Fair Oaks Capital Limited. All intellectual property rights in any part of the world which subsist in the Contents of this website and which belong to Fair Oaks Capital Limited, save as expressly granted, are hereby reserved. This website contains various registered and unregistered trade marks belonging to Fair Oaks Capital Limited. The registered trademarks include, but are not limited to, “Fair Oaks”, “Fair Oaks Capital” and the Fair Oaks Capital logo.

Jurisdiction

Use of this website shall be governed by and construed in accordance with the laws of England and Wales and any dispute arising in relation to this website is subject to the jurisdiction of the English courts.

Variation of Terms of Use

We reserve the right to vary these terms of use at any time and will post any variations here. You are advised to review these terms of use on a regular basis as you will be deemed to have accepted variations if you continue to use the website after they have been posted.

The contents of this website are only accessible by Professional Clients and Eligible Counterparties. Retail Investors should not view or seek to rely on any information contained in this website and should in all instances consult their financial adviser. The Prospectus, Financial Reports and Key Investor Information Documents relating to the ETF Class(es) of the Fund referenced on this website can be found at www.waystone.com/our-funds/waystone-managed-funds/

Notice to Swiss Investors: By selecting “Professional Client”, you are confirming that you are a Qualified Investor in Switzerland as defined in the Swiss Collective Investment Schemes Act of 23 June 2006, as amended and its implementing ordinance. This website can only be accessed in Switzerland by Qualified Investors.

If you are not a Qualified Investor in Switzerland (as defined in the Swiss Collective Investment Schemes Act of 23 June 2006, as amended and its implementing ordinance) then please leave this website now. Certain of the products on this website may not be distributed other than to Qualified Investors.

The Swiss representative and paying agent of the Fair Oaks AAA CLO Fund, a Luxembourg domiciled UCITS sub-fund, is RBC Investor Services Bank S.A., Esch-sur- Alzette, Zurich Branch, Bleicherweg 7, CH-8027 Zurich. The latest Prospectus, Key Investor Information Document (KIID), Articles of Association and annual and semi-annual reports relating to the Fair Oaks AAA CLO Fund can each be obtained free of charge from the Swiss representative and paying agent. The place of performance and jurisdiction is the registered office of the Swiss representative with regards to shares of the Fair Oaks AAA CLO Fund distributed in and from Switzerland.

Terms and Conditions

Important notice

This website is operated by Fair Oaks Capital Limited, a limited company registered in England and Wales, with registered number 08260598, having its registered office at 1 Old Queen Street, London, SW1H 9JA. By using this website, you agree to these Terms and Conditions of Use, as well as to Fair Oaks Capital Limited’s Privacy Notice and Cookies Policy (together the “Terms”), which constitute a legal agreement between you and Fair Oaks Capital Limited governing your access to and use of this website. It is your responsibility to review the Terms and to make sure you understand and comply with them. Your compliance with the Terms is an ongoing condition to your use of this website, and you may not use it if you are not prepared to comply with all of the Terms.

Fair Oaks Capital Limited is authorised and regulated by the UK Financial Conduct Authority (“FCA”). References to “we” or “us” shall mean Fair Oaks Capital Limited and, where relevant, its affiliates, including Fair Oaks Capital US LP. Fair Oaks Capital US LP is a Delaware limited partnership with its place of business at 152 West 57 Street, New York, NY 10019.

Content of this website

This website is provided for your general information only and does not constitute investment advice or an offer to sell or the solicitation of an offer to buy any investment.

Nothing on this website is advice on the merits of any product or investment, nothing constitutes investment, legal, tax or any other advice nor is it to be relied on in making an investment decision. Prospective investors should obtain independent investment advice and inform themselves as to applicable legal requirements, exchange control regulations and taxes in their jurisdiction.

This website complies with the regulatory requirements of the United Kingdom. There may be laws in your country of nationality or residence or in the country from which you access this website which restrict the extent to which the website may be made available to you. If you are not permitted to access this website in accordance with the laws of your country or nationality of residence then please leave this website now.

Certain information contained on this website may be of a historical nature and may now be out of date. All historical information should be understood as speaking from the date of its first publication.

Likewise, this website may contain forward-looking statements. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. We undertake no duty to update publicly any forward-looking statements contained herein, in light of new information or future developments.

Although the information provided to you on this website is obtained or compiled from sources we believe to be reliable, we cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. All information published is in good faith but no representation or warranty, express or implied, is made by us or any person as to its accuracy or completeness and it should not be relied on as such. We shall have no liability for any loss or damage arising out of the use of or reliance on the information provided including, without limitation, any loss or other damage, direct or consequential.

We have published a number of articles in the Insights section of this website. Opinions in such articles are our current opinions, and are subject to change without notice. We assume no responsibility to update information contained in such articles or to notify you of any changes. Any outlooks, forecasts or portfolio weightings presented in such articles are as of the date appearing therein and are also subject to change without notice. We disclaim any responsibility to update such views. Such commentary is intended for ‘institutional investors’ only (as such term is defined in various jurisdictions). Such commentary does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. Such commentary discusses topical aspects of credit markets and should not be construed as research, investment advice, or any investment recommendation. Investment concepts mentioned in such commentary may be unsuitable for investors depending on their specific investment objectives and financial position. Fees, commissions, tax considerations and other transaction costs may significantly affect the economic consequences of any investment concepts referenced in such commentary and should be reviewed carefully with one’s investment and tax advisers. All information in such commentary is believed to be reliable as of the date on which this commentary was issued, and has been obtained from sources believed to be reliable. No representation or warranty, either express or implied, is provided in relation to the accuracy or completeness of fairness of the information or opinions contained therein.

Distribution of information

The distribution of the information and material on this website may be restricted by law in certain countries. None of the information is directed at, or is intended for distribution to, or use by, any person or entity in any jurisdiction (by virtue of nationality, place of residence, domicile or registered office) where publication, distribution or use of such information would be contrary to local law or regulation, or would subject us to any registration or licensing requirements in such jurisdiction. You must inform yourself about, and observe any such restrictions in your jurisdiction and by accessing this website you represent that you have done so. The information on this website is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities in the United States to or for the benefit of any United States person (being residents of the United States or partnerships or corporations organised under the laws thereof). None of the funds or other investment products contained on this website have been registered in the United States under the Investment Company Act of 1940 and interests therein are not registered in the United States under the Securities Act of 1933.

We may monitor and/or record any telephone communications and electronic communications with you.

Risk Warnings

Investments can involve significant risk. Past performance is not a guarantee of future performance. The price of investments can go down as well as up and may be affected by changes in rates of exchange. An investor may not get back the amount invested. Target returns and distributions are hypothetical targets only and are neither guarantees nor predictions or projections of future performance. There can be no assurance that such targeted returns will be achieved. The price of investments listed on an exchange is determined by supply and demand, and may not equate to the value of the investment’s underlying assets. Any decision to investment should be based on the information contained in the appropriate prospectus, offering memorandum or equivalent contractual document and after seeking independent investment, tax and legal advice.

Linked Websites

This website may provide addresses or hyperlinks which lead you to other websites (“Linked Sites”). We have not reviewed nor do we endorse or recommend any products or services offered or information contained on Linked Sites, and disclaim any liability for their content or any consequences of their use. Any web addresses and hyperlinks in this website are provided solely for convenience and information. Accessing any Linked Sites shall be at your own risk.

IP rights

This website and its content are owned by Fair Oaks Capital Limited, and may contain information, text, graphics, video, software, logos, and other materials (“Content”) that are protected by copyright, trademarks, or other proprietary rights. No permission is granted to upload, copy, modify, post, frame, amend or distribute any of the Content of this website in any way without obtaining the prior written permission of Fair Oaks Capital Limited. All intellectual property rights in any part of the world which subsist in the Contents of this website and which belong to Fair Oaks Capital Limited, save as expressly granted, are hereby reserved. This website contains various registered and unregistered trade marks belonging to Fair Oaks Capital Limited. The registered trademarks include, but are not limited to, “Fair Oaks”, “Fair Oaks Capital” and the Fair Oaks Capital logo.

Jurisdiction

Use of this website shall be governed by and construed in accordance with the laws of England and Wales and any dispute arising in relation to this website is subject to the jurisdiction of the English courts.

Variation of Terms of Use

We reserve the right to vary these terms of use at any time and will post any variations here. You are advised to review these terms of use on a regular basis as you will be deemed to have accepted variations if you continue to use the website after they have been posted.

✕

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