ACCESS TO THIS SECTION OF THE WEBSITE MAY BE RESTRICTED UNDER SECURITIES LAWS IN CERTAIN JURISDICTIONS. THIS NOTICE REQUIRES YOU TO CONFIRM CERTAIN MATTERS (INCLUDING THAT YOU ARE NOT RESIDENT IN SUCH A JURISDICTION), BEFORE YOU MAY OBTAIN ACCESS TO THE INFORMATION. THE INFORMATION IS NOT DIRECTED AT, AND IS NOT INTENDED TO BE ACCESSIBLE BY, PERSONS RESIDENT IN ANY JURISDICTION WHERE TO DO SO WOULD CONSTITUTE A VIOLATION OF THE RELEVANT LAWS OF THAT JURISDICTION. IF YOU ARE NOT PERMITTED TO VIEW THE INFORMATION, OR VIEWING THE INFORMATION WOULD RESULT IN A BREACH OF THE ABOVE, OR YOU ARE IN ANY DOUBT AS TO WHETHER YOU ARE PERMITTED TO VIEW THE INFORMATION, PLEASE EXIT THIS WEBPAGE.
THE INFORMATION ON THIS SECTION OF THE WEBSITE IS BEING MADE AVAILABLE IN GOOD FAITH AND FOR INFORMATION PURPOSES ONLY, AND ITS AVAILABILITY IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW.
THE INFORMATION IS NOT INTENDED TO, AND DOES NOT, CONSTITUTE OR FORM ANY PART OF AN OFFER TO SELL OR OTHERWISE DISPOSE OF OR AN INVITATION OR THE SOLICITATION OF AN OFFER TO PURCHASE OR OTHERWISE ACQUIRE ANY SECURITIES, OR THE SOLICITATION OF A VOTE OR APPROVAL PURSUANT TO THE INFORMATION OR OTHERWISE. ANY PERSON SEEKING ACCESS TO THIS SECTION OF TOTAL PRODUCE’S OR NEW DOLE’S WEBSITE REPRESENTS AND WARRANTS TO TOTAL PRODUCE OR NEW DOLE THAT THEY ARE DOING SO FOR INFORMATION PURPOSES ONLY.
BASIS OF ACCESS TO INFORMATION
Please read this notice carefully before clicking “I agree” or “I disagree” below. This notice applies to all persons who view this section of the website and, depending on where you live, it may affect your rights. This notice may be amended or updated by Total Produce or New Dole from time to time and it should be read carefully in full each time you wish to view the website. In addition, the content of the website, and its accessibility by certain persons, may be amended at any time in whole or in part in our sole discretion.
The Information speaks only at the date of the relevant document or announcement and we have no responsibility or duty to update any Information (other than to the extent such duty arises as a matter of law or regulation).
For regulatory reasons we have to ensure you are aware of the appropriate regulations for the country which you are in. To allow you to view the contents of this announcement, you have to read the following and then press “I agree”. If you are unable to agree you should press “I disagree” and you will not be able to view any such details.
The Information is not for publication or distribution, directly or indirectly, in or into any jurisdiction where it would be unlawful to do so. Nothing on, or which can be downloaded from, the website constitutes an offer to sell or an invitation or solicitation of any offer to purchase or subscribe for any securities or solicitation of any votes attaching to securities in Total Produce or New Dole in any jurisdiction in which such offer or solicitation is unlawful. The Information may not be downloaded or accessed by any person from or in any jurisdiction where it would or may constitute a breach of any applicable laws or regulations.
If you are not permitted to view or download the Information on the website, or viewing or downloading the Information would result in a breach of the above, or you are in any doubt as to whether you are permitted to view or download the Information, please exit this webpage by clicking on the “I disagree” box below.
By clicking on the “I agree” box below, you certify that you will not forward, transmit, show or distribute (by any means including by electronic transmission) the Information to any person. In particular, you certify that you will not forward or transmit the Information either in whole or in part to any person in any jurisdiction where such distribution may be restricted by applicable law or regulation. Failure to comply with any such restrictions may constitute a violation of the laws and/or regulations of any such jurisdiction.
FORWARD LOOKING STATEMENTS
Statements on the website with respect to each of Total Produce’s, Dole’s and New Dole’s (the “Companies”) business, strategies, projected financial figures, transaction synergies, earnings guidance, financial guidance, future dividends and beliefs and with respect to the proposed transaction as described on the website , as well as other statements that are not historical facts are forward-looking statements involving risks and uncertainties which could cause the actual results to differ materially from such statements. Statements containing the words “expect”, “anticipate”, “estimate”, “goals”, “value creation”, “scale up”, “leveraging”, “drive” , “margin upside”, “implied”, “preliminary” and similar expressions (or their negative) identify certain of these forward-looking statements. The forward-looking statements on the website are based on numerous assumptions regarding the transaction and the Companies present and future business strategies and the environment in which the Companies will operate in the future. Forward-looking statements involve inherent known and unknown risks, uncertainties and contingencies because they relate to events and depend on circumstances that may or may not occur in the future and may cause the actual results, performance or achievements to be materially different from those expressed or implied by such forward-looking statements. Many of these risks and uncertainties relate to factors that are beyond each of the Companies ability to control or estimate precisely, such as future market conditions, currency fluctuations, the behaviour of other market participants, the actions of regulators and other factors such as each of the Companies ability to obtain financing, changes in the political, social and regulatory framework in which the Companies operates or in economic, technological or consumer trends or conditions. Past performance should not be taken as an indication or guarantee of future results, and no representation or warranty, express or implied, is made regarding future performance. Total Produce is not under any obligation to update or keep current the information contained on the website or to provide the recipient of it with access to any additional information that may arise in connection with it.
Total Produce shareholders should seek advice from an independent financial adviser as to the suitability of any action concerned. Any action required by a shareholder in connection with the transaction will only be set out in documents sent to or made available to Total Produce shareholders and any decision made by such shareholders should be made solely and only on the basis of information provided in those documents.
CONFIRMATION OF UNDERSTANDING AND ACCEPTANCE OF THIS NOTICE
By clicking on “I agree” below, you confirm that you have read, understood and agreed to be bound by the terms of the notice set out above and that you are not in, or a resident of, any jurisdiction where to download or view the Information would constitute a breach of securities law or regulation in that jurisdiction.
If you click “I disagree” below, we will be unable to provide you with access to the Information.
Subject to any continuing obligations under applicable law or any relevant regulatory requirements, the Companies expressly disclaim any obligation to disseminate, after the date of the posting of any document or announcement on this webpage, any updates or revisions to any statements in such documents or announcements in relation to the transaction to reflect any change in expectations or events, conditions or circumstances on which any such statements are based.
If you are in any doubt about the contents of this section of the website or the action you should take, you should seek your own financial advice from an appropriately authorised independent financial adviser.