Privacy Policy

Invictus Capital Partners, LP and its affiliate companies (“Invictus,” “we,” “us” or “our”) recognizes the importance of protecting the privacy of our online visitors. It is our intent to balance our legitimate business interests in collecting and using information received from and about you with your reasonable expectations of privacy. The following privacy policy (“Privacy Policy”) is the way we handle information learned about you from your visits to our website available at www.invictuscp.com (the “Site”).

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. When you submit information to or through the Site, you consent to the collection and processing of your information as described in this Privacy Policy. By using the Site, you accept the terms of this Privacy Policy and our Terms of Use, and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy.

Personal Information

Invictus collects personally identifiable information from you through the Site when you contact us through the Site’s contact form, including information such as your name, address, email address, phone number, or other information you choose to provide to us. This information is collected and stored electronically when you submit it to us through the Site.

How Information is Used

We may use the information we collect for any of the following purposes:

Sharing of Information

Invictus does not share your personal information with third parties for those third parties’ marketing purposes.

Security Used & Retention of Personal Information

Invictus uses reasonable security measures designed to prevent unauthorized intrusion to the Site and the alteration, acquisition or misuse of personal information, however, we will not be responsible for loss, corruption or unauthorized acquisition or misuse of personal information that you provide through the Site that is stored by us, or for any damages resulting from such loss, corruption or unauthorized acquisition or misuse. Invictus will retain your personal information for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation.

Links to External Websites

Our Site may contain links to third party websites. Any access to and use of such third party websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third party websites, and we are not responsible for the information practices of such third party websites.

Do Not Track

Our Site does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.

Children

We do not knowingly collect or maintain personal information from any person under the age of thirteen. No parts of our Site are directed to or designed to attract anyone under the age of thirteen.

Additional Information for EU Visitors

With respect to “personal data” as defined by Regulation (EU) 2016/679 (“GDPR”) that you may provide to us through the Site, we serve as the “controller.”

We provide the Site from servers located in the United States. If you are accessing the Site from the European Union, we will only transfer your personal information to the United States through the use of appropriate safeguards. We process personal information to pursue our legitimate business interest to operate the Site and as described in the section titled “How Information is Used” above. To learn more about with whom we share your personal information please refer to the section titled “Sharing of Information” above.

We will retain your personal information for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation. Copies of information that you have updated, modified, or deleted will remain in our systems if applicable law requires us to retain it.

You have a right to access your personal information, rectify inaccurate personal information kept about you, request the erasure of personal information and to request that we restrict the processing of your data in certain circumstances. If you wish to access your personal information, please contact us at the contact information provided below in writing, and allow reasonable time for the data to be collected. You also have the right to lodge a complaint with a supervisory authority.

How to Submit a Request under the California Consumer Privacy Act (the “CCPA”)

You may submit a “request to know,” as described under the CCPA, by calling 1-800-390-3252 or emailing Mike Papadopoulos (mpapadopoulos@invictuscp.com). You may submit a “request to delete”, as described under the CCPA, by calling 1-800-390-3252 or emailing Mike Papadopoulos (mpapadopoulos@invictuscp.com).

We are required to provide certain information or to delete personal information only in response to verifiable requests made by you or your authorized agent. Any information gathered as part of the verification process will be used for verification purposes only.

If an authorized agent seeks to submit a request on behalf of a California resident, the authorized agent may do so by the aforementioned methods, however, they must provide: (i) signed authorization from the California resident authorizing them to act on the California resident’s behalf, unless they can provide proof that the California resident has granted them power of attorney pursuant to California Probate Code sections 4000 to 4465; and (ii) proof of their registration with the California Secretary of State to conduct business in California. We also require that the California resident directly verify their own identity with us and directly confirm with us that they provided the authorized agent permission to submit the request.

Contact Information; Questions and Changes in Information

If you have any questions regarding this Privacy Policy or to request changes to your personal information, please contact us at 202-534-1815.

Notification of Changes

Any changes to our Privacy Policy will be posted to this page so users are always aware of the information we collect and how we use it. Accordingly, please refer back to this Privacy Policy frequently as it may change.

Invictus Website Terms of Use

Effective: 11/7/2019

These Terms of Use (“Terms”) of Invictus Capital Partners, LP and its affiliate companies (“Invictus,” “we,” “us,” and “our”) apply to all contents and information available within the domain http://www.invictuscp.com or other websites operated by Invictus (collectively, the “Site”). You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site.

PLEASE REVIEW THESE TERMS CAREFULLY. BY USING OUR SITE (AS DEFINED ABOVE), YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SITE.

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

Privacy

Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site.

Intellectual Property

The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

License

Invictus grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Invictus.

Independent Arbitration Agreement

In consideration of and as a condition of your use of the Site you and Invictus (collectively, “the parties”) agree as follows:

Applicability; Exclusions; Court and Jury Trial Waiver

The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to this agreement; relating to the relationship between the parties; arising under the California Consumer Privacy Act (“CCPA”) or any other state, federal, or international law(s) of similar import, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to this Agreement but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against Invictus but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.

Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding

Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at www.jamsadr.com (under the Rules/Clauses tab)) consider direct linking for website. The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of this Agreement. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.

Selection and Authority of Arbitrator; Full Remedies Available; Enforceability

The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of this Agreement’s execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of this agreement. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute, subject to section 5, below. If there are any ambiguities in the terms or conditions of this agreement, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this this agreement is unenforceable, the remainder of this this agreement shall remain in full force and effect.

Class and Collective Action Waiver; No Consolidated or Joint Actions

The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.

Fees, Award

The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, Invictus will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, Invictus shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.

Links to Third Party Sites

The Site may contain links to third-party websites, or may give you access to applications, software, or products provided by third parties. Please understand that those third-party websites and products may have different terms of use and privacy policies, and that Invictus does not control and is not responsible for the content of such websites or the privacy practices of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy.

Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site including any ideas, comments, suggestions, feedback, data or the like (“Communications”) will be considered non-confidential and non-proprietary. Invictus will have no obligations with respect to the Communications. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Communication. By submitting the Communication to Invictus, you agree Invictus is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Invictus and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE IS PROVIDED BY INVICTUS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INVICTUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL INVICTUS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any products or services purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

Miscellaneous

These Terms shall be governed by the laws of the State of Virginia, and you agree to submit to the exclusive jurisdiction of the courts of the State of Virginia, USA in respect of any disputes arising under or in connection with these Terms.

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.

You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

How to Contact Us

If you have any questions, comments or notices regarding these Terms, you may email us at https://www.invictuscp.com/contact.

Investor Login

Management Team

Michael Warden has more than 27 years of capital markets experience with an extensive focus on the mortgage sector. He is the managing principal and CEO of Invictus Capital Partners, which was selected as the joint venture partner and manager for all Carlyle Real Estate debt strategies in 2008. In that role, Mr. Warden managed the investment of more than $2 billion in equity capital. Prior to forming Invictus, Mr. Warden was a senior managing director and head of Fixed Income at Friedman, Billings, Ramsey & Co. (FBR). At FBR, he was responsible for the establishment and build out of the fixed income business for which he developed an origination, banking, sales and trading platform. He also was instrumental in the acquisition and integration of a mortgage origination company. Within two years the business underwrote in excess of $30 billion in MBS securities and originated, purchased and securitized over $8 billion in whole loans. Previously, Mr. Warden was managing director and head of ABS and CMBS at Bank of America Securities (BOA), where he was responsible for the origination and securitization of all mortgage products. At BOA, he was integral in the establishment of both the ABS and CMBS businesses.

Robert Konigsberg has more than 27 years of experience and serves as COO and CFO of Invictus Capital Partners. Prior to joining Invictus, Mr. Konigsberg was a managing director at The Carlyle Group. During his 15-year tenure at Carlyle, Mr. Konigsberg served as the Chief Financial Officer of Carlyle’s Real Assets segment, which represented approximately $30 billion of assets under management across real estate, energy and infrastructure. Mr. Konigsberg’s responsibilities at Carlyle included oversight for all aspects of fund/partnership compliance, controls, investor reporting, interest rate and currency hedging, oversight of quarterly valuation processes, negotiation of numerous fund-level subscription and asset-backed credit facilities, SEC segment reporting and segment budgeting and forecasting. In addition, Mr. Konigsberg was instrumental in the execution and structuring of more than 250 investment acquisitions and more than 100 exits, with the objectives to structure efficiently for tax, ERISA and divestiture. Mr. Konigsberg was also responsible for developing fund terms and structures with investors, including public and government pension funds, corporate pension funds, endowments, banks, insurance companies, high net worth individuals and feeder funds. Prior to joining Carlyle in 1999, Mr. Konigsberg was a senior manager with Arthur Andersen, where he served real estate and financial services clients. Mr. Konigsberg is a graduate of the Kogod School of Business at American University.

Dane Smith is a founding member of Invictus Capital Partners, with 13 years of mortgage finance and capital markets experience. Mr. Smith oversees all research and analytics, and is responsible for identifying and sourcing new investment opportunities. He is instrumental in creating and implementing the analytical framework and models that Invictus uses to analyze and predict the performance of mortgage credit for both residential securities and whole loan investments. Prior to Invictus, Mr. Smith worked at Friedman, Billings, Ramsey, & Co. (FBR) as vice president of Investment Banking. At FBR, Mr. Smith helped create all analytics processes and tools for mortgage collateral and security analysis for principal investment, and was responsible for managing all aspects of mortgage backed securitization finance for both principal and third party transactions. Mr. Smith’s securitization responsibilities at FBR included collateral analysis, security structuring, rating agency coordination, due diligence, investor marketing and deal documentation review. Mr. Smith started his career as an analyst at Wachovia Securities in the Investment Banking Asset Securitization group. Mr. Smith received a B.E., magna cum laude, from Vanderbilt University, with dual majors in Chemical Engineering and Mathematics.

Peter Zimmer is head of Capital Markets at Invictus Capital Partners, with more than 14 years of mortgage finance experience. He has been essential in the selection and pricing of more than $2 billion in RMBS credit since 2008. Previously, Mr. Zimmer was vice president of Whole Loan Trading at Friedman, Billings, Ramsey, & Co. (FBR), where he built the whole loan acquisition platform necessary to trade whole loans and manage an RMBS portfolio. While at FBR, Mr. Zimmer purchased and managed a portfolio in excess of $6 billion in residential whole loans. Among Mr. Zimmer’s responsibilities were valuation, management and pricing of mortgage product offerings at FBR’s wholly-owned, mortgage originator. Prior to joining FBR, Mr. Zimmer was a whole loan trader at GMAC-RFC in Minneapolis, where he was responsible for the pricing and acquisition of both prime and non-prime whole loan pools. Mr. Zimmer is a graduate of the University of North Dakota from which he earned a degree in financial management.

Carl Bell is a lead investor with Invictus Capital Partners with over 24 years of institutional asset management experience. Mr. Bell is focused on the identification, sourcing, and management of credit investments drawn from the full spectrum of consumer, real estate, and corporate obligations. Mr. Bell has developed substantial sector expertise in the area of structured credit instruments, including high yield and distressed real estate credit. Previously, Mr. Bell co-founded Five Ten Capital, an alternative asset manager focused on deploying equity and debt capital into the single-family rental market segment. Five Ten was subsequently sold to a large mortgage and real estate investor. He has also served as a Senior Portfolio Manager and Team Leader for Structured Credit for both Amundi Smith Breeden (“ASB”) and Putnam Investments. At ASB he had the additional responsibility of Deputy Chief Investment Officer. Mr. Bell holds an MBA from The Fuqua School of Business, Duke University where he was a Fuqua Scholar and received the James G. Hanes Scholarship. He earned a BS in Mathematics at Carnegie Mellon University.

Mr. Koenigsberger is currently a senior managing director at Invictus and is co-President of its Commercial Real Estate Group. Prior to Invictus he was co-CEO of CV Holdings, Inc, a specialty finance company with ownership in finance platforms including a servicer and asset manager of residential NPLs, an originator and asset manager of CRE bridge loans and a small balance equipment finance company. CV invested and asset managed over $500MM UPB in assets. Prior to CV, Mr. Koenigsberger was a founding partner of ROCA Management, a long-short real estate securities fund focused on small cap equity REITs and a Managing Director at XE Capital, where he headed worldwide real estate, overseeing a portfolio of over $2 billion in assets.  Prior to ROCA, Mr. Koenigsberger was a partner of Apollo Real Estate Advisors (AREA), a large private equity real estate firm, where he was responsible for hospitality, homebuilder, and other commercial real estate investments. He also started Apollo’s first Mezzanine Fund in a joint venture with GMAC. He oversaw over his tenure gross assets in excess of $10 billion. Mr. Koenigsberger graduated summa cum laude from the Wharton School of the University of Pennsylvania.

Mr. Witkin is currently a Senior Managing Director at Invictus and Co President of its Commercial Real Estate Group. Prior to Invictus, he was Co- Ceo of CV Holdings, Inc., a specialty finance company with ownership in platforms which included a servicer and asset manager of residential NPLs; an originator and asset manager of commercial real estate bridge loans and a small balance equipment finance company. CV invested and asset managed financings of over $500 million. Prior to CV Holdings, Mr. Witkin was a Partner of the Roseview Group, a real estate investment and advisory firm following his role as the CEO/Chief Restructuring Officer of, the predecessor company to CV Holdings,  CBRE Realty Finance Corp, which had assets in excess of $2.3 billion. Prior to CBRE Realty Finance he was an Executive Vice President at FleetBoston Financial and its successor corporation Bank of America. At FleetBoston he managed the growth of the Commercial Real Estate Group from $4 billion to more than $24 billion of loans and founded TriSail Capital Corporation, a mezzanine lender with $2 billion of assets. In addition to managing the Commercial Real Estate Group, he had direct responsibility at various points during his tenure for: National Asset Based Lending, Corporate Syndications, Leverage Finance and Financial Institutions Group. He began his career at Citibank Asset Based Lending and Citicorp Real Estate, Inc., led First Chicago's Florida Real Estate Group, was COO of a Florida residential homebuilder for seven years, and was President and CEO of Associated Mortgage Investors, a public equity REIT. Mr. Witkin earned a BA with honors from Hofstra University and an MBA from the NYU Stern School.