Legal
Important Disclosures
Information on this website is provided for general purposes only. It is not an offer to sell, or a solicitation of an offer to buy, any security in any jurisdiction where such an offer or solicitation would be unlawful.
Offerings in Canada
Units of Heartwood Residential Growth Trust and Heartwood Residential Income Trust are offered in Canada only under exemptions from the prospectus requirement in National Instrument 45-106 Prospectus Exemptions, including the accredited investor and offering memorandum exemptions, and only by way of the applicable offering memorandum and subscription agreement. Units are distributed through a dealer registered in the investor’s jurisdiction, such as an exempt market dealer. No securities regulatory authority in Canada has reviewed this website or the offering memorandum, or passed on the merits of these securities, and any representation to the contrary is an offence.
Resale restrictions and rights of action
Units are subject to resale restrictions under applicable Canadian securities laws and there is no market for them. Investors may be unable to sell their units, and redemptions are limited as described in the offering memorandum. Depending on their province or territory, investors may have statutory or contractual rights of action for damages or rescission if the offering memorandum, or marketing materials incorporated into it, contains a misrepresentation. These rights must be exercised within prescribed time limits. Investors should refer to the offering memorandum and consult a legal advisor.
Offerings in the United States
Any offering of securities in the United States is made in reliance on Rule 506(c) of Regulation D under the U.S. Securities Act of 1933, as amended, and only by way of the applicable offering documents. Securities may be sold only to “accredited investors” as defined in Rule 501(a). These securities have not been registered under the Securities Act or any state securities laws, and have not been approved or disapproved by the U.S. Securities and Exchange Commission or any state regulator, nor has any regulator passed on the accuracy or adequacy of this website. They are “restricted securities” and may not be transferred or resold except as permitted under the Securities Act and applicable state laws.
Verification of accredited investor status
Before accepting a subscription in a Rule 506(c) offering, Heartwood will take reasonable steps to verify that each purchaser is an accredited investor. This may include reviewing tax returns, bank or brokerage statements, or written confirmation from a registered broker-dealer, registered investment adviser, licensed attorney or certified public accountant. A self-certification alone is not sufficient.
Forward-looking information
This website may contain forward-looking information and forward-looking statements within the meaning of applicable Canadian and U.S. securities laws, including targets, projections and estimates. These are based on current expectations and assumptions, are subject to known and unknown risks, are not guarantees of future performance, and actual results may differ materially. Heartwood undertakes no obligation to update them except as required by law.
Targets and performance
Target returns, distributions and leverage levels are objectives only, are not guaranteed and may not be achieved. Index and market data are provided for context and do not represent the performance of any Heartwood fund. Past performance is not indicative of future results.
Risk
An investment in private real estate is speculative and involves significant risk, including illiquidity, the use of leverage, development and lease-up risk, interest rate changes and the possible loss of some or all of your capital. It is suitable only for investors who can bear these risks and do not require immediate liquidity. Units are not insured by the Canada Deposit Insurance Corporation, the Federal Deposit Insurance Corporation or any other government deposit insurer. Please review the risk factors in the offering documents.
No advice
Nothing on this website is investment, legal, tax or accounting advice, or a recommendation that any security or strategy is suitable for any person. Investors should consult their own financial, legal and tax advisors before investing.
Jurisdictions
Information on this website is not directed at any person in a jurisdiction where its publication or availability would be unlawful. It is current as of the date shown and may change without notice.