ING Family of Funds
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Gerard
Mogan
Assistant Vice President |
September 27, 2013
Ms. Sallie Van Dam
Marsh FINPRO
1166 Avenue of the Americas, 37th Floor
New York, New York 10036
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Investment Company Bond 314-79-82 |
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Renewal Date: October 1, 2013-2014 |
Dear Sallie
We are pleased to provide our Binder Letter for the above captioned account. This Binder is conditioned on receiving the following information within 30 days
of binding coverage:
No further subjectivities
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Carrier: |
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Great American Insurance Company |
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AM Bests Rating: A S&P Rating:
A+ |
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Insured: |
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ING Family of Funds Unified Program |
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Term: |
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October 1, 2013-2014 |
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Form: |
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Investment Company Policy |
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7337 E. Doubletree Ranch Road., Suite 100
Scottsdale, AZ 85258 |
COVERAGE: $40,000,000 Single Loss Limit Each and Every Loss Basis
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Insuring Agreement |
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Single Loss Limit |
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Deductible |
Basic Agreements (A) Fidelity, incl. Trading |
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$40,000,000 |
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NIL |
(B) On Premises, |
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(C) Transit, & (F) Counterfeit Currency |
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$40,000,000 |
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$25,000 |
(D) Forgery of Alteration |
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$40,000,000 |
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$25,000 |
(E) Securities |
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$40,000,000 |
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$25,000 |
Computer Systems |
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$40,000,000 |
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$25,000 |
Voice Initiated Transfer Fraud |
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$40,000,000 |
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$25,000 |
Telefacsimile Transfer Fraud |
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$40,000,000 |
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$25,000 |
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Audit Expense |
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$250,000 |
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$5,000 |
Unauthorized Signatures |
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$250,000 |
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$5,000 |
Uncollectible Items of Deposit |
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$250,000 |
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$5,000 |
Stop Payment Legal Liability |
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$250,000 |
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$5,000 |
Annual Premium - $89,818
Additional Coverages: As expiring to include:
Listing of
Insureds
90-Day Cancellation, except for non-payment of premium.
Automatic Coverage for Newly created Funds
Claim Reporting
Threshold of 50% of Deductible
Computer Systems Fraud rider All systems utilized by the Named Insureds
Voice Initiated Transfer Fraud contained in the Computer Systems Fraud Rider Par. 4
Telefacsimile Transfer Fraud in Form
Extended Computer
Coverages
Worldwide Counterfeit Currency
Amend the
Definition of Employee to include ex-employees up to 60 days after termination, except if for
reasons of Fraud or Dishonesty
Notice of Cancellation sent to State of Arkansas, SEC, Midwest Stock Exchange
Amended Discovery replace by the Insured to by Risk Management Department, Office of the
General Counsel, or Senior Vice President or above of the Insured
Amended Fidelity Language to provide or wording, except for Loans or Trading.
Amended Fidelity Language to provide Malicious Destruction of Data
Commission Payable: 16.5%
Sallie, please review and
call me should you have any questions.
Thank you.
Sincerely,
Gerard Mogan
Assistant Vice President
Great American Insurance Company
65 Broadway, 11th Floor
New York, NY 10006
Phone: 212-513-4013
FAX: 212-513-4015
Efax: 513-768-5187
Should this account have a potential claim situation, please contact:
Fidelity & Crime Claims Department
Great
American Insurance Group
One Waterside Crossing
Windsor, CT 06095
(860) 298-7330 (new phone number)
(860) 688-8188 fax
CrimeClaims@gaic.com
(new email address!)
1/08
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Administrative Offices 301 E 4th Street
Cincinnati, Ohio 45202-4201 Tel: 1-513-369-5000 |
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INSURED COPY
314-79-82 - 02 |
INVESTMENT COMPANY BOND
GREAT AMERICAN INSURANCE COMPANY
(A Stock Insurance Company, Herein Called the Underwriter)
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DECLARATIONS |
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Bond No. 314-79-82 - 02 |
Item 1. |
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Name of Insured (herein called Insured):
Principal Address: |
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ING Family of Funds
7337 E. Doubletree Ranch Road, Suite 100 Scottsdale, AZ
85258 |
Item 2. |
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Bond Period from 12:01 a.m. 10/01/2013 to 12:01 a.m. 10/01/2014 the effective date of the termination or cancellation of this bond, standard time at the Principal Address as to each
of said dates. |
Item 3. |
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Limit of Liability - Subject to Sections 9, 10 and 12 hereof,
Amount applicable to |
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Limit of Liability |
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Deductible |
Insuring Agreement (A)-FIDELITY |
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$40,000,000 |
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$0 |
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Insuring Agreement (B)-ON PREMISES |
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$40,000,000 |
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$25,000 |
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Insuring Agreement (C)-IN TRANSIT |
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$40,000,000 |
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$25,000 |
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Insuring Agreement (D)-FORGERY OR ALTERATION |
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$40,000,000 |
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$25,000 |
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Insuring Agreement (E)-SECURITIES |
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$40,000,000 |
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$25,000 |
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Insuring Agreement (F)-COUNTERFEIT CURRENCY |
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$40,000,000 |
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$25,000 |
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Insuring Agreement (G)-STOP PAYMENT |
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$ 250,000 |
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$ 5,000 |
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Insuring Agreement (H)-UNCOLLECTIBLE ITEMS OF DEPOSIT |
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$ 250,000 |
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$ 5,000 |
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Insuring Agreement (I)-AUDIT EXPENSE |
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$ 250,000 |
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$ 5,000 |
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Insuring Agreement (J)-TELEFACSIMILE TRANSMISSIONS |
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$40,000,000 |
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$25,000 |
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Insuring Agreement (K)-UNAUTHORIZED SIGNATURES |
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$ 250,000 |
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$ 5,000 |
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Optional Insuring Agreements and Coverages |
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Insuring Agreement (L)-COMPUTER SYSTEMS |
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$40,000,000 |
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$25,000 |
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Insuring Agreement (M)-AUTOMATED PHONE SYSTEMS |
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Not Covered |
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N/A |
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If Not Covered is inserted above opposite any specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage and any other reference thereto in this bond shall be deemed to be deleted therefrom. |
Item 4. |
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Offices or Premises Covered-Offices acquired or established subsequent to the effective date of this
bond are covered according to the terms of General Agreement A. All the Insureds offices or premises in existence at the time this bond becomes effective are covered under this bond except the offices or premises located as follows:
N/A |
Item 5. |
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The liability of the Underwriter is subject to the terms of the following riders attached hereto: Riders No. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 |
Item 6. |
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The Insured by the acceptance of this bond gives to the Underwriter terminating or cancelling prior bond(s) or policy(ies) No.(s) 314-79-82 - 01 such termination or cancellation to be effective
as of the time this bond becomes effective. |
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By: |
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(Authorized Representative) |
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Administrative Offices 301 E 4th Street
Cincinnati, Ohio 45202-4201 Tel: 1-513-369-5000 |
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INSURED COPY
314-79-82 - 02 |
INVESTMENT COMPANY BOND
The Underwriter, in consideration of an agreed premium, and subject to the Declarations made a part hereof, the General Agreements, Conditions
and Limitations and other terms of this bond, agrees with the Insured, in accordance with Insuring Agreements hereof to which an amount of insurance is applicable as set forth in Item 3 of the Declarations and with respect to loss sustained by
the Insured at any time but discovered during the Bond period, to indemnify and hold harmless the Insured for:
INSURING AGREEMENTS
Loss resulting from any dishonest or fraudulent act(s), including Larceny or
Embezzlement committed by an Employee, committed anywhere and whether committed alone or in collusion with others, including loss of Property resulting from such acts of an Employee, which Property is held by the Insured for any purpose or in any
capacity and whether so held gratuitously or not and whether or not the Insured is liable therefor.
Dishonest or fraudulent act(s) as
used in this Insuring Agreement shall mean only dishonest or fraudulent act(s) committed by such Employee with the manifest intent:
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to cause the Insured to sustain such loss; and |
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to obtain financial benefit for the Employee, or for any other person or organization intended by the Employee to receive such benefit, other than salaries, commissions, fees, bonuses, promotions, awards, profit
sharing, pensions or other employee benefits earned in the normal course of employment. |
Loss of Property (occurring with or without negligence or violence) through
robbery, burglary, Larceny, theft, holdup, or other fraudulent means, misplacement, mysterious unexplainable disappearance, damage thereto or destruction thereof, abstraction or removal from the possession, custody or control of the Insured, and
loss of subscription, conversion, redemption or deposit privileges through the misplacement or loss of Property, while the Property is (or is supposed or believed by the Insured to be) lodged or deposited within any offices or premises located
anywhere, except in an office listed in Item 4 of the Declarations or amendment thereof or in the mail or with a carrier for hire other than an armored motor vehicle company, for the purpose of transportation.
Offices and Equipment
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(1) |
Loss of or damage to furnishings, fixtures, stationary, supplies or equipment, within any of the Insureds offices covered under this bond caused by Larceny or theft in, or by burglary, robbery or hold-up of such
office, or attempt thereat, or by vandalism or malicious mischief; or |
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loss through damage to any such office by Larceny or theft in, or by burglary, robbery or hold-up of such office or attempt thereat. |
Loss of Property (occurring with or without negligence or violence) through
robbery, Larceny, theft, hold-up, misplacement, mysterious unexplainable disappearance, being lost or otherwise made away with, damage thereto or destruction thereof, and loss of subscription, conversion, redemption or deposit privileges through the
misplacement or loss of Property, while the Property is in transit anywhere in the custody of any person or persons acting as messenger, except while in the mail or with a carrier for hire, other than an armored motor vehicle company, for the
purpose of transportation, such transit to begin immediately upon receipt of such Property by the transporting person or persons, and to end immediately upon delivery thereof at destination.
(D) |
FORGERY OR ALTERATION |
Loss through FORGERY or ALTERATION of, on or in any bills of exchange,
checks, drafts, acceptances, certificates of deposit, promissory notes, or other written promises, orders or directions to pay sums certain in money due bills, money orders, warrants, orders upon public treasuries, letters of credit, written
instructions, advices or applications directed to the Insured, authorizing or acknowledging the transfer, payment, delivery or receipt of funds or Property, which instructions or advices or applications purport to have been signed or endorsed by any
customer of the Insured, shareholder or subscriber to shares, whether certificated or uncertificated, of any Investment Company or by any financial or banking institution or stockbroker but which instructions, advices or applications either bear the
forged signature or endorsement or have been altered without the knowledge and consent of such customer, shareholder or subscriber to shares, whether certificated or uncertificated, of an Investment Company, financial or banking institution or
stockbroker, withdrawal orders or receipts for the withdrawal of funds or Property, or receipts or certificates of deposit for Property and bearing the name of the Insured as issuer, or of another Investment Company for which the Insured acts as
agent, excluding, however, any loss covered under Insuring Agreement (F) hereof whether or not coverage for Insuring Agreement (F) is provided for in the Declarations of this bond.
Any check or draft (a) made payable to a fictitious payee and endorsed in the name of such fictitious payee or (b) procured in a
transaction with the maker or drawer thereof or
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Administrative Offices 301 E 4th Street
Cincinnati, Ohio 45202-4201 Tel: 1-513-369-5000 |
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INSURED COPY
314-79-82 - 02 |
with one acting as an agent of such maker or drawer or anyone impersonating another and made or drawn payable to
the one so impersonated and endorsed by anyone other than the one impersonated, shall be deemed to be forged as to such endorsement.
Mechanically reproduced facsimile signatures are treated the same as handwritten signatures.
Loss sustained by the Insured, including loss sustained by reason of a violation
of the constitution, by-laws, rules or regulations of any Self Regulatory Organization of which the Insured is a member or which would have been imposed upon the Insured by the constitution, by-laws, rules or regulations of any Self Regulatory
Organization if the Insured had been a member thereof,
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through the Insureds having, in good faith and in the course of business, whether for its own account or for the account of others, in any representative, fiduciary, agency or any other capacity, either
gratuitously or otherwise, purchased or otherwise acquired, accepted or received, or sold or delivered, or given any value, extended any credit or assumed any liability, on the faith of, or otherwise acted upon, any securities, documents or other
written instruments which prove to have been |
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forged as to the signature of any maker, drawer, issuer, endorser, assignor, lessee, transfer agent or registrar, acceptor, surety or guarantor or as to the signature of any person signing in any other capacity, or
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raised or otherwise altered, or lost, or stolen, or |
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through the Insureds having, in good faith and in the course of business, guaranteed in writing or witnessed any signatures whether for valuable consideration or not and whether or not such guaranteeing or
witnessing is ultra vires the Insured, upon any transfers, assignments, bills of sale, powers of attorney, guarantees, endorsements or other obligations upon or in connection with any securities, documents or other written instruments and which pass
or purport to pass title to such securities, documents or other written instruments; EXCLUDING, losses caused by FORGERY or ALTERATION of, on or in those instruments covered under Insuring Agreement (D) hereof. |
Securities, documents or other written instruments shall be deemed to mean original (including original counterparts) negotiable or
non-negotiable agreements which in and of themselves represent an equitable interest, ownership, or debt, including an assignment thereof which instruments are in the ordinary course of business, transferable by delivery of such agreements with any
necessary endorsement or assignment.
The word counterfeited as used in this Insuring Agreement shall be deemed to mean
any security, document or other written instrument which is intended to deceive and to be taken for an original.
Mechanically reproduced
facsimile signatures are treated the same as handwritten signatures.
Loss through the receipt by the Insured, in good faith, of any
counterfeited money orders or altered paper currencies or coin of the United States of America or Canada issued or purporting to have been issued by the United States of America or Canada or issued pursuant to a United States of America or Canadian
statute for use as currency.
Loss against any and all sums which the Insured shall become obligated to pay
by reason of the Liability imposed upon the Insured by law for damages:
For having either complied with or failed to comply with any
written notice of any customer, shareholder or subscriber of the Insured or any Authorized Representative of such customer, shareholder or subscriber to stop payment of any check or draft made or drawn by such customer, shareholder or subscriber or
any Authorized Representative of such customer, shareholder or subscriber, or
For having refused to pay any check or draft made or drawn
by any customer, shareholder or subscriber of the Insured, or any Authorized Representative of such customer, shareholder or subscriber.
(H) |
UNCOLLECTIBLE ITEMS OF DEPOSIT |
Loss resulting from payments of dividends or fund shares, or
withdrawals permitted from any customers, shareholders or subscribers account based upon Uncollectible items of Deposit of a customer, shareholder or subscriber credited by the Insured or the Insureds agent to such
customers, shareholders or subscribers Mutual Fund Account: or
loss resulting from any item of Deposit processed
through an Automated Clearing House which is reversed by the customer, shareholder or subscriber and deemed uncollectible by the Insured.
Loss includes dividends and interest accrued not to exceed 15% of the Uncollectible items which are deposited.
This Insuring Agreement applies to all Mutual Funds with exchange privileges if all Fund(s) in the exchange program are insured
by a Great American Insurance Company of Cincinnati, OH for Uncollectible Items of Deposit. Regardless of the number of transactions between Fund(s) the minimum number of days of deposit within the Fund(s) before withdrawal as declared in the
Fund(s) prospectus shall begin from the date a deposit was first credited to any Insured Fund(s).
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Administrative Offices 301 E 4th Street
Cincinnati, Ohio 45202-4201 Tel: 1-513-369-5000 |
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INSURED COPY
314-79-82 - 02 |
Expense incurred by the Insured for that part of the costs of audits or
examinations required by any governmental regulatory authority to be conducted either by such authority or by an independent accountant by reason of the discovery of loss sustained by the Insured through any dishonest or fraudulent act(s), including
Larceny or Embezzlement of any of the Employees. The total liability of the Underwriter for such expense by reason of such acts of any Employee or in which such Employee is concerned or implicated or with respect to any one audit or examination is
limited to the amount stated opposite Audit Expense in Item 3 of the Declarations; it being understood, however, that such expense shall be deemed to be a loss sustained by the Insured through any dishonest or fraudulent act(s), including
Larceny or Embezzlement of one or more of the Employees and the liability under this paragraph shall be in addition to the Limit of Liability stated in Insuring Agreement (A) in Item 3 of the Declarations.
(J) |
TELEFACSIMILE TRANSMISSIONS |
Loss resulting by reason of the Insured having transferred, paid
or delivered any funds or Property, established any credit, debited any account, or given any value relying on any fraudulent instructions sent by a customer or financial institution by Telefacsimile Transmission directed to the Insured, authorizing
or acknowledging the transfer, payment, or delivery of funds or property, the establishment of a credit, debiting of any account, or the giving of value by the Insured, but only if such telefacsimile instructions:
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bear a valid test key exchanged between the Insured and a customer or another financial institution with authority to use such test key for Telefacsimile
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instructions in the ordinary course of business, but which test key has been wrongfully obtained by a person who was not authorized to initiate, make, validate or authenticate a test key
arrangement; and |
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fraudulently purport to have been sent by such customer or financial institution, but which telefacsimile instructions are transmitted without the knowledge or consent of such customer or financial institution by a
person other than such customer or financial institution and which bear a forged signature. |
Telefacsimile
means a system of transmitting written documents by electronic signals over telephone lines to equipment maintained by the Insured within its communication room for the purposes of reproducing a copy of said document. It does not mean electronic
communication sent by Telex, TWC, or electronic mail, or Automated Clearing House.
(K) |
UNAUTHORIZED SIGNATURES |
Loss resulting directly from the Insured having accepted, paid or
cashed any check or withdrawal order, draft, made or drawn on a customers account which bears the signature or endorsement of one other than a person whose name and signature is on the application on file with the Insured as a signatory on
such account.
It shall be a condition precedent to the Insureds right to recovery under this Insuring Agreement that the
Insured shall have on file signatures of all persons who are authorized signatories on such account.
GENERAL AGREEMENTS
(A) |
ADDITIONAL OFFICES OR EMPLOYEES-CONSOLIDATION OR MERGER-NOTICE |
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(1) |
If the Insured shall, while this bond is in force, establish any additional office or offices, such office or offices shall be automatically covered hereunder from the dates of their establishment, respectively. No
notice to the Underwriter of an increase during any premium period in the number of offices or in the number of Employees at any of the offices covered hereunder need be given and no additional premium need be paid for the remainder of such premium
period. |
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(2) |
If an Investment Company, named as Insured herein, shall, while this bond is in force, merge or consolidate with, or purchase the assets of another institution, coverage for such acquisition shall apply automatically
from the date of acquisition. The Insured shall notify the Underwriter of such
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acquisition within 60 days of said date, and an additional premium shall be computed only if
such acquisition involves additional offices or employees.
No statement made by or on behalf of the Insured, whether contained in the
application or otherwise, shall be deemed to be a warranty of anything except that it is true to the best of the knowledge and belief of the person making the statement.
(C) |
COURT COSTS AND ATTORNEYS FEES (Applicable to all Insuring Agreements or Coverages now or hereafter forming part of this bond) |
The Underwriter will Indemnify the Insured against court costs and reasonable attorneys fees incurred and paid by the Insured in
defense, whether or not successful, whether or not fully litigated on the merits and whether or not settled of any suit or legal proceeding brought against the Insured to enforce the Insureds liability or alleged liability on account of any
loss,
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Administrative Offices 301 E 4th Street
Cincinnati, Ohio 45202-4201 Tel: 1-513-369-5000 |
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INSURED COPY
314-79-82 - 02 |
claim or damage which, if established against the Insured, would constitute a loss sustained by the Insured
covered under the terms of this bond provided, however, that with respect to Insuring Agreement (A) this indemnity shall apply only in the event that
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an Employee admits to being guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement; or |
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an Employee is adjudicated to be guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement; |
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in the absence of (1) or (2) above an arbitration panel agrees, after a review of an agreed statement of facts, that an Employee would be found guilty of dishonesty if such Employee were prosecuted.
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The Insured shall promptly give notice to the Underwriter of any such suit or legal proceeding and at the request of the
Underwriter shall furnish it with copies of all pleadings and other papers therein. At the Underwriters election the Insured shall permit the Underwriter to conduct the defense of such suit or legal proceeding, in the Insureds name,
through attorneys of the Underwriters selection. In such event, the Insured shall
give all reasonable information and assistance which the Underwriter shall deem necessary to the proper defense
of such suit or legal proceeding.
If the Insureds liability or alleged liability is greater than the amount recoverable under this
bond, or if a Deductible Amount is applicable, the liability of the Underwriter under this General Agreement is limited to that percentage of litigation expense determined by pro ration of the bond limit of liability to the amount claimed, after the
application of any deductible. This litigation expense will be in addition to the Limit of Liability for the applicable Insuring Agreement.
Acts of Employee, as defined in this bond, are covered under Insuring
Agreement (A) only while the Employee is in the Insureds employ. Should loss involving a former Employee of the Insured be discovered subsequent to the termination of employment, coverage would still apply under Insuring Agreement
(A) if the direct proximate cause of the loss occurred while the former Employee performed duties within the scope of his/her employment.
THE FOREGOING INSURING
AGREEMENTS AND
GENERAL AGREEMENTS ARE SUBJECT TO
THE FOLLOWING CONDITIONS AND
LIMITATIONS:
The following terms, as used in this bond, shall have the respective meanings
stated in this Section:
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any of the Insureds officers, partners, or employees, and |
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any of the officers or employees of any predecessor of the Insured whose principal assets are acquired by the Insured by consolidation or merger with, or purchase of assets of capital stock of such predecessor, and
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(3) |
attorneys retained by the Insured to perform legal services for the Insured and the employees of such attorneys while such attorneys or the employees of such attorneys are performing such services for the Insured, and
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guest students pursuing their studies or duties in any of the Insureds offices, and |
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directors or trustees of the Insured, the investment advisor, underwriter (distributor), transfer agent, or shareholder accounting record keeper, or administrator authorized by written agreement to keep financial and/or
other required records, but only while performing acts
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coming within the scope of the usual duties of an officer or employee or while acting as a member of any committee duly elected or appointed to examine or audit or have custody of or access to
the Property of the Insured, and |
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any individual or individuals assigned to perform the usual duties of an employee within the premises of the Insured by contract, or by any agency furnishing temporary personnel on a contingent or part-time basis, and
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each natural person, partnership or corporation authorized by written agreement with the Insured to perform services as electronic data processor of checks or other accounting records of the Insured, but excluding any
such processor who acts as transfer agent or in any other agency capacity in issuing checks, drafts or securities for the Insured, unless included under Sub-section (9) hereof, and |
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those persons so designated in section 15, Central Handling of Securities, and |
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any officer, partner or Employee of |
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an investment advisor, |
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an underwriter (distributor), |
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Administrative Offices 301 E 4th Street
Cincinnati, Ohio 45202-4201 Tel: 1-513-369-5000 |
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INSURED COPY
314-79-82 - 02 |
c) a transfer agent or shareholder accounting record-keeper, or
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an administrator authorized by written agreement to keep financial and/or other required records, |
for an Investment Company, named as Insured while performing acts coming within the scope of the usual duties of an officer or Employee of
any Investment Company named as Insured herein, or while acting as a member of any committee duly elected or appointed to examine or audit or have custody of or access to the Property of any such Investment Company, provided that only Employees or
partners of a transfer agent, shareholder accounting record-keeper or administrator which is an affiliated person as defined in the Investment Company Act of 1940, of an Investment Company named as Insured or is an affiliated person of the adviser,
underwriter or administrator of such Investment Company, and which is not a bank, shall be included within the definition of Employee.
Each employer of temporary personnel or processors as set forth in Sub-Sections (6) and (7) of Section 1 (a) and their
partners, officers and employees shall collectively be deemed to
be one person for all the purposes of this bond, excepting, however,
the last paragraph of Section 13.
Brokers, or other agents under contract or representatives of the same general character shall
not be considered Employees.
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(b) |
Property means money (i.e. currency, coin, bank notes, Federal Reserve notes), postage and revenue stamps, U.S. Savings Stamps, bullion, precious metals of all kinds and in any form and articles made
therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semi-precious stones, bonds, securities, evidences of debts, debentures, scrip, certificates, interim receipts, warrants, rights, puts, calls, straddles, spreads, transfers,
coupons, drafts, bills of exchange, acceptances, notes, checks, withdrawal orders, money orders, warehouse receipts, bills of lading, conditional sales contracts, abstracts of title, insurance policies, deeds, mortgages under real estate and/or
chattels and upon interests therein, and assignments of such policies, mortgages and instruments, and other valuable papers, including books of account and other records used by the Insured in the conduct of its business, and all other instruments
similar to or in the nature of the foregoing including Electronic Representations of such Instruments enumerated above (but excluding all data processing records) in which the Insured has
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an interest or in which the Insured acquired or should have acquired an interest by reason of a predecessors declared financial condition at the time of the Insureds consolidation or
merge with, or purchase of the principal assets of, such predecessor or which are held by the Insured for any purpose or in any capacity and whether so held by the Insured for any purpose or in any capacity and whether so held gratuitously or not
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Forgery means the signing of the name of another with the intent to deceive; it does not include the signing of ones own name with or without authority, in any capacity, or for any purpose.
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Larceny and Embezzlement as it applies to any named Insured means those acts as set forth in Section 37 of the Investment Company Act of 1940. |
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Items of Deposit means any one or more checks and drafts. |
SECTION 2. EXCLUSIONS
THIS BOND DOES NOT COVER:
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loss effected directly or indirectly by means of forgery or alteration of, on or in any instrument, except when covered by Insuring Agreement (A), (D), (E) or (F). |
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loss due to riot or civil commotion outside the United States of America and Canada; or loss due to military, naval or usurped power, war or insurrection unless such loss occurs in transit in the circumstances recited
in Insuring Agreement (D), and unless, when such transit was initiated, there was no knowledge of such riot, civil commotion, military, naval or usurped power, war or insurrection on the part of any person acting for the Insured in initiating such
transit. |
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loss, in time of peace or war, directly or indirectly caused by or resulting from the effects of nuclear fission or fusion or radioactivity; provided, however, that this paragraph shall not apply to loss resulting from
industrial uses of nuclear energy. |
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loss resulting from any wrongful act or acts of any person who is a member of the Board of Directors of the Insured or a member of any equivalent body by whatsoever name known unless such person is also an Employee or
an elected official, partial owner or partner of the Insured in some other capacity, nor, in any event, loss resulting from the act or acts of any person while acting in the capacity of a member of such Board or equivalent body. |
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loss resulting from the complete or partial nonpayment of, or default upon, any loan or transaction in the nature of, or amounting to, a loan made by or obtained from the Insured or any of its partners, directors or
Employees, whether authorized |
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or unauthorized and whether procured in good faith or through trick, artifice, fraud or false
pretenses, unless such loss is covered under Insuring Agreement (A), (E) or (F).
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loss resulting from any violation by the Insured or by any Employee |
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of law regulating (a) the issuance, purchase or sale of securities, (b) securities transactions upon Security Exchanges or over the counter market, (c) Investment Companies, or (d) Investment
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of any rule or regulation made pursuant to any such law. |
unless such loss, in the absence of
such laws, rules or regulations, would be covered under Insuring Agreements (A) or (E).
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loss of Property or loss of privileges through the misplacement or loss of Property as set forth in Insuring Agreement (C) or (D) while the Property is in the custody of any armored motor vehicle company,
unless such loss shall be in excess of the amount recovered or received by the Insured under (a) the Insureds contract with said armored motor vehicle company, (b) insurance carried by said armored motor vehicle company for the
benefit of users of its service, and (c) all other insurance and indemnity in force in whatsoever form carried by or for the benefit of users of said armored motor vehicle companys service, and then this bond shall cover only such excess.
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potential income, including but not limited to interest and dividends, not realized by the Insured because of a loss covered under this bond, except as included under Insuring Agreement (I). |
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all damages of any type for which the Insured is legally liable, except direct compensatory damages arising from a loss covered under this bond. |
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loss through the surrender of Property away from an office of the Insured as a result of a threat |
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to do bodily harm to any person, except loss of Property in transit in the custody of any person acting as messenger provided that when such transit was initiated there was no knowledge by the Insured of any such
threat, or |
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to do damage to the premises or Property of the Insured, except when covered under Insuring Agreement (A). |
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all costs, fees and other expenses incurred by the Insured in establishing the existence of or amount of loss covered under this bond unless such indemnity is provided for under Insuring Agreement (I).
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loss resulting from payments made or withdrawals from the account of a customer of the Insured, shareholder or subscriber to shares involving funds erroneously credited to such account, unless such payments are made to
or withdrawn by such
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depositor or representative of such person, who is within the premises of the drawee bank of the Insured or within the office of the Insured at the time of such payment or withdrawal or unless
such payment is covered under Insuring Agreement (A). |
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any loss resulting from Uncollectible Items of Deposit which are drawn from a financial institution outside the fifty states of the United States of America, District of Columbia, and territories and possessions of the
United States of America, and Canada. |
SECTION 3. ASSIGNMENT OF RIGHTS
This bond does not afford coverage in favor of any Employers of temporary personnel or of processors as set forth in sub-sections
(6) and (7) of Section 1(a) of this bond, as aforesaid, and upon payment to the insured by the Underwriter on account of any loss through dishonest or fraudulent act(s) including Larceny or Embezzlement committed by any of the partners,
officers or employees of such Employers, whether acting alone or in collusion with others, an assignment of such of the Insureds rights and causes of action as it may have against such Employers by reason of such acts so committed shall, to
the extent of such payment, be given by the Insured to the Underwriter, and the Insured shall execute all papers necessary to secure to the Underwriter the rights herein provided for.
SECTION 4. |
LOSS-NOTICE-PROOF-LEGAL PROCEEDINGS |
This bond is for the use and benefit only of the Insured
named in the Declarations and the Underwriter shall not be liable hereunder for loss sustained by anyone other than the Insured unless the Insured, in its sole discretion and at its option, shall include such loss in the Insureds proof of
loss. At the earliest practicable moment after discovery of any loss hereunder the Insured shall give the Underwriter written notice thereof and shall also within six months after such discovery furnish to the Underwriter affirmative proof of loss
with full particulars. If claim is made under this bond for loss of securities or shares, the Underwriter shall not be liable unless each of such securities or shares is identified in such proof of loss by a certificate or bond number or, where such
securities or shares are uncertificated, by such identification means as agreed to by the Underwriter. The Underwriter shall have thirty days after notice and proof of loss within which to investigate the claim, and this shall apply notwithstanding
the loss is made up wholly or in part of securities of which duplicates may be obtained. Legal proceedings for recovery of any loss hereunder shall not be brought prior to the expiration of sixty days after such proof of loss is filed with the
Underwriter nor after the expiration of twenty-four months from the discovery of such loss, except that any action or proceeding to recover hereunder
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on account of any judgment against the Insured in any suit mentioned in General Agreement C or to recover
attorneys fees paid in any such suit, shall be begun within twenty-four months from the date upon which the judgment in such suit shall become final. If any limitation embodied in this bond is prohibited by any law controlling the construction
hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
Discovery occurs when the Insured
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becomes aware of facts, or |
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receives written notice of an actual or potential claim by a third party which alleges that the Insured is liable under circumstance |
which would cause a reasonable person to assume that a loss covered by the bond has been or will be incurred even though the exact amount or details of loss
may not be then known.
SECTION 5. VALUATION OF PROPERTY
The value of any Property, except books of accounts or other records used by the Insured in the conduct of its business, for the loss of
which a claim shall be made hereunder, shall be determined by the average market value of such Property on the business day next preceding the discovery of such loss; provided, however, that the value of any Property replaced by the Insured prior to
the payment of claim therefor shall be the actual market value at the time of replacement; and further provided that in case of a loss or misplacement of interim certificates, warrants, rights, or other securities, the production which is necessary
to the exercise of subscription, conversion, redemption or deposit privileges, the value thereof shall be the market value of such privileges immediately preceding the expiration thereof if said loss or misplacement is not discovered until after
their expiration. If no market price is quoted for such Property or for such privileges, the value shall be fixed by agreement between the parties or by arbitration.
In case of any loss or damage to Property consisting of books of accounts or other records used by the Insured in the conduct of its
business, the Underwriter shall be liable under this bond only if such books or records are actually reproduced and then for not more than the cost of blank books, blank pages or other materials plus the cost of labor for the actual transcription or
copying of data which shall have been furnished by the Insured in order to reproduce such books and other records.
SECTION 6. |
VALUATION OF PREMISES AND FURNISHINGS |
In case of damage to any office of the Insured, or
loss of or damage to the furnishings, fixtures, stationary, supplies, equipment, safes or vaults therein, the Underwriter shall not be liable for more than the actual cash value thereof, or for more than the actual cost of their replacement or
repair. The Underwriter may, at its election, pay such actual cash value or
make such replacement or repair. If the Underwriter and the Insured cannot agree upon such cash value or such
cost or replacement or repair, such shall be determined by arbitration.
SECTION 7. LOST SECURITIES
If the Insured shall sustain a loss of securities the total value of which is in excess of the limit stated in Item 3 of the
Declarations of this bond, the liability of the Underwriter shall be limited to payment for, or duplication of, securities having value equal to the limit stated in Item 3 of the Declarations of this bond.
If the Underwriter shall make payment to the Insured for any loss of securities, the Insured shall thereupon assign to the Underwriter all of
the Insureds rights, title and interests in and to said securities.
With respect to securities the value of which do not exceed
the Deductible Amount (at the time of the discovery of the loss) and for which the Underwriter may at its sole discretion and option and at the request of the Insured issue a Lost Instrument Bond or Bonds to effect replacement thereof, the Insured
will pay the usual premium charged therefor and will indemnify the Underwriter against all loss or expense that the Underwriter may sustain because of the issuance of such Lost Instrument Bond or Bonds.
With respect to securities the value of which exceeds the Deductible Amount (at the time of discovery of the loss) and for which the
Underwriter may issue or arrange for the issuance of a Lost Instrument Bond or Bonds to effect replacement thereof, the Insured agrees that it will pay as premium therefor a proportion of the usual premium charged therefor, said proportion being
equal to the percentage that the Deductible Amount bears to the value of the securities upon discovery of the loss, and that it will indemnify the issuer of said Lost Instrument Bond or Bonds against all loss and expense that is not recoverable from
the Underwriter under the terms and conditions of this INVESTMENT COMPANY BOND subject to the Limit of Liability hereunder.
SECTION 8. SALVAGE
In case of recovery, whether made by the Insured or by the Underwriter, on account of any loss in excess of the Limit of Liability hereunder
plus the Deductible Amount applicable to such loss from any source other than suretyship, insurance, reinsurance, security or indemnity taken by or for the benefit of the Underwriter, the net amount of such recovery, less the actual costs and
expenses of making same, shall be applied to reimburse the Insured in full for the excess portion of such loss, and the remainder, if any, shall be paid first in reimbursement of the Underwriter and thereafter in reimbursement of the Insured for
that part of such loss within the Deductible Amount. The Insured shall execute all necessary papers to secure to the Underwriter the rights provided for herein.
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SECTION 9. NON-REDUCTION AND NON-
ACCUMULATION OF LIABILITY AND
TOTAL LIABILITY
At all times prior to termination hereof this bond shall continue in force for the limit stated in the applicable sections of Item 3 of
the Declarations of this bond notwithstanding any previous loss for which the Underwriter may have paid or be liable to pay hereunder; PROVIDED, however, that regardless of the number of years this bond shall continue in force and the number of
premiums which shall be payable or paid, the liability of the Underwriter under this bond with respect to all loss resulting form
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any one act of burglary, robbery or hold-up, or attempt thereat, in which no Partner or Employee is concerned or implicated shall be deemed to be one loss, or |
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any one unintentional or negligent act on the part of any one person resulting in damage to or destruction or misplacement of Property, shall be deemed to be one loss, or |
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all wrongful acts, other than those specified in (a) above, of any one person shall be deemed to be one loss, or |
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all wrongful acts, other than those specified in (a) above, of one or more persons (which dishonest act(s) or act(s) of Larceny or Embezzlement include, but are not limited to, the failure of an Employee to report
such acts of others) whose dishonest act or acts intentionally or unintentionally, knowingly or unknowingly, directly or indirectly, aid or aids in any way, or permits the continuation of, the dishonest act or acts of any other person or persons
shall be deemed to be one loss with the act or acts of the persons aided, or |
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any one casualty or event other than those specified in (a), (b), (c) or (d) preceding, shall be deemed to be one loss, and |
shall be limited to the applicable Limit of Liability stated in Item 3 of the Declarations of this bond irrespective of the total amount of such loss or
losses and shall not be cumulative in amounts from year to year or from period to period.
Sub-section (c) is not applicable to any
situation to which the language of sub-section (d) applies.
SECTION 10. LIMIT OF LIABILITY
With respect to any loss set forth in the PROVIDED clause of Section 9 of this bond which is recoverable or recovered in whole or in
part under any other bonds or policies issued by the Underwriter to the Insured or to any predecessor in interest of the Insured and terminated or cancelled or allowed to expire and in which the period for discovery has not expired at the time any
such loss thereunder is discovered, the total liability of the Underwriter under this bond and under other bonds or policies shall not exceed, in the aggregate, the amount carried hereunder
on such loss or the amount available to the Insured under such other bonds, or policies, as limited by the terms
and conditions thereof, for any such loss if the latter amount be the larger.
SECTION 11. OTHER INSURANCE
If the Insured shall hold, as indemnity against any loss covered hereunder, any valid and enforceable insurance or suretyship, the
Underwriter shall be liable hereunder only for such amount of such loss which is in excess of the amount of such other insurance or suretyship, not exceeding, however, the Limit of Liability of this bond applicable to such loss.
SECTION 12. DEDUCTIBLE
The Underwriter shall
not be liable under any of the Insuring Agreements of this bond on account of loss as specified, respectively, in sub-sections (a), (b), (c), (d) and (e) of Section 9, NON-REDUCTION AND NONACCUMULATION OF LIABILITY AND TOTAL
LIABILITY, unless the amount of such loss, after deducting the net amount of all reimbursement and/or recovery obtained or made by the insured, other than from any bond or policy of insurance issued by an insurance company and covering such loss, or
by the Underwriter on account thereof prior to payment by the Underwriter of such loss, shall exceed the Deductible Amount set forth in Item 3 of the Declarations hereof (herein called Deductible Amount) and then for such excess only, but in no
event for more than the applicable Limit of Liability stated in Item 3 of the Declarations.
The Insured will bear, in addition to
the Deductible Amount, premiums on Lost Instrument Bonds as set forth in Section 7.
There shall be no deductible applicable to any
loss under Insuring Agreement A sustained by any Investment Company named as Insured herein.
SECTION 13. TERMINATION
The Underwriter may terminate this bond as an entirety by furnishing written notice specifying the termination date which cannot be prior to
90 days after the receipt of such written notice by each Investment Company named as Insured and the Securities and Exchange Commission, Washington, D.C. The Insured may terminate this bond as an entirety by furnishing written notice to the
Underwriter. When the Insured cancels, the Insured shall furnish written notice to the Securities and Exchange Commission, Washington, D.C. prior to 90 days before the effective date of the termination. The Underwriter shall notify all other
Investment Companies named as Insured of the receipt of such termination notice and the termination cannot be effective prior to 90 days after receipt of written notice by all other Investment Companies. Premiums are earned until the termination
date as set forth herein.
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This Bond will terminate as to any one Insured, (other than a registered management investment
company), immediately upon taking over of such Insured by a receiver or other liquidator or by State or Federal officials, or immediately upon the filing of a petition under any State or Federal statute relative to bankruptcy or reorganization of
the Insured, or assignment for the benefit of creditors of the Insured, or immediately upon such Insured ceasing to exist, whether through merger into another entity, or by disposition of all of its assets.
This Bond will terminate as to any registered management investment company upon the expiration of 90 days after written notice has been
given to the Securities and Exchange Commission, Washington, D.C.
The Underwriter shall refund the unearned premium computed as short
rates in accordance with the standard short rate cancellation tables if terminated by the Insured or pro rata if terminated for any other reason.
This Bond shall terminate
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as to any Employee as soon as any partner, officer or supervisory Employee of the Insured, who is not in collusion with such Employee, shall learn of any dishonest or fraudulent act(s), including Larceny or Embezzlement
on the part of such Employee without prejudice to the loss of any Property then in transit in the custody of such Employee and upon the expiration of ninety (90) days after written notice has been given to the Securities and Exchange
Commission, Washington, D.C. (See Section 16[d]) and to the Insured Investment Company, or |
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as to any Employee 90 days after receipt by each Insured and by the Securities and Exchange Commission of a written notice from the Underwriter of its desire to terminate this bond as to such Employee, or
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as to any person, who is a partner, officer or employee of any Electronic Data Processor covered under this bond, from and after the time that the Insured or any partner or officer thereof not in collusion with such
person shall have knowledge of information that such person has committed any dishonest or fraudulent act(s), including Larceny or |
Embezzlement in the service of the Insured or otherwise, whether such act be committed before or after the time this bond is effective.
SECTION 14. |
RIGHTS AFTER TERMINATION OR CANCELLATION |
At any time prior to the termination or
cancellation of this bond as an entirety, whether by the Insured or the Underwriter, the Insured may give to the Underwriter notice that if desires under this bond an additional period of 12 months within which to discover loss sustained by the
Insured prior to the effective date of such termination or cancellation and shall pay an additional premium therefor.
Upon receipt of such notice from the Insured, the Underwriter shall give its written consent
thereto: provided, however, that such additional period of time shall terminate immediately;
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on the effective date of any other insurance obtained by the Insured, its successor in business or any other party, replacing in whole or in part the insurance afforded by this bond, whether or not such other insurance
provides coverage for loss sustained prior to its effective date, or |
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upon takeover of the Insureds business by any State or Federal official or agency, or by any receiver or liquidator, acting or appointed for this purpose |
without the necessity of the Underwriter giving notice of such termination. In the event that such additional period of time is terminated, as provided above,
the Underwriter shall refund any unearned premium.
The right to purchase such additional period for the discovery of loss may not be
exercised by any State or Federal official or agency, or by any receiver or liquidator, acting or appointed to take over the Insureds business for the operation or for the liquidation thereof or for any other purpose.
SECTION 15. |
CENTRAL HANDLING OF SECURITIES |
Securities included in the systems for the central handling
of securities established and maintained by Depository Trust Company, Midwest Depository Trust Company, Pacific Securities Depository Trust Company, and Philadelphia Depository Trust Company, hereinafter called Corporations, to the extent of the
Insureds interest therein as effective by the making of appropriate entries on the books and records of such Corporations shall be deemed to be Property.
The words Employee and Employees shall be deemed to include the officers, partners, clerks and other employees of the
New York Stock Exchange, Boston Stock Exchange, Midwest Stock Exchange, Pacific Stock Exchange and Philadelphia Stock Exchange, hereinafter called Exchanges, and of the above named Corporations, and of any nominee in whose name is registered any
security included within the systems for the central handling of securities established and maintained by such Corporations, and any employee of any recognized service company, while such officers, partners, clerks and other employees and employees
of service companies perform services for such Corporations in the operation of such systems. For the purpose of the above definition a recognized service company shall be any company providing clerks or other personnel to said Exchanges or
Corporation on a contract basis.
The Underwriter shall not be liable on account of any loss(es) in connection with the central handling
of securities within the systems established and maintained by such Corporations, unless such loss(es) shall be in excess of the amount(s) recoverable or recovered under any bond or policy if insurance indemnifying such Corporations, against such
loss(es), and then the Underwriter shall be liable hereunder only
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for the Insureds share of such excess loss(es), but in no event for more than the Limit of Liability
applicable hereunder.
For the purpose of determining the Insureds share of excess loss(es) it shall be deemed that the Insured has
an interest in any certificate representing any security included within such systems equivalent to the interest the Insured then has in all certificates representing the same security included within such systems and that such Corporation shall use
their best judgment in apportioning the amount(s) recoverable or recovered under any bond or policy of insurance indemnifying such Corporations against such loss(es) in connection with the central handling of securities within such systems among all
those having an interest as recorded by appropriate entries in the books and records of such Corporations in Property involved in such loss(es) on the basis that each such interest shall share in the amount(s) so recoverable or recovered in the
ratio that the value of each such interest bears to the total value of all such interests and that the Insureds share of such excess loss(es) shall be the amount of the Insureds interest in such Property in excess of the amount(s) so
apportioned to the Insured by such Corporations.
This bond does not afford coverage in favor of such Corporations or Exchanges or any
nominee in whose name is registered any security included within the systems for the central handling of securities established and maintained by such Corporations, and upon payment to the Insured by the Underwriter on account of any loss(Es) within
the systems, an assignment of such of the Insureds rights and causes of action as it may have against such Corporations or Exchanges shall to the extent of such payment, be given by the Insured to the Underwriter, and the Insured shall execute
all papers necessary to secure to the Underwriter the rights provided for herein.
SECTION 16. |
ADDITIONAL COMPANIES INCLUDED AS INSURED |
If more than one corporation, co-partnership or
person or any combination of them be included as the Insured herein:
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the total liability of the Underwriter hereunder for loss or losses sustained by any one or more or all of them shall not exceed the limit for which the Underwriter would be liable hereunder if all such loss were
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the one first named herein shall be deemed authorized to make, adjust and receive and enforce payment of all claims hereunder and shall be deemed to be the agent of the others for such purposes and for the giving or
receiving of any notice required or permitted to be given by the terms hereof, provided that the Underwriter shall furnish each named Investment Company with a copy of the bond and with any amendment thereto, together with a copy of each formal
filing of the settlement of each such claim prior to the execution of such settlement, |
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(c) |
the Underwriter shall not be responsible for the proper application of any payment made hereunder to said first named Insured,
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knowledge possessed or discovery made by any partner, officer or supervisory Employee of any Insured shall for the purpose of Section 4 and Section 13 of this bond constitute knowledge or discovery by all the
Insured, and |
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if the first named Insured ceases for any reason to be covered under this bond, then the Insured next named shall thereafter be considered as the first named Insured for the purposes of this bond. |
SECTION 17. |
NOTICE AND CHANGE OF CONTROL |
Upon the Insureds obtaining knowledge of a transfer of
its outstanding voting securities which results in a change in control (as set forth in Section 2(a) (9) of the Investment Company Act of 1940) of the Insured, the Insured shall within thirty (30) days of such knowledge give written
notice to the Underwriter setting forth:
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the names of the transferors and transferees (or the names of the beneficial owners if the voting securities are requested in another name), and |
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the total number of voting securities owned by the transferors and the transferees (or the beneficial owners), both immediately before and after the transfer, and |
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the total number of outstanding voting securities. |
As used in this section, control means
the power to exercise a controlling influence over the management or policies of the Insured.
Failure to give the required notice shall
result in termination of coverage of this bond, effective upon the date of stock transfer for any loss in which any transferee is concerned or implicated.
Such notice is not required to be given in the case of an insured which is an Investment Company.
SECTION 18. CHANGE OR MODIFICATION
This bond
or any instrument amending or effecting same may not be changed or modified orally. No changes in or modification thereof shall be effective unless made by written endorsement issued to form a part hereof over the signature of the Underwriters
Authorized Representative. When a bond covers only one Investment Company no change or modification which would adversely affect the rights of the Investment Company shall be effective prior to 60 days after written notification has been furnished
to the Securities and Exchange Commission, Washington, D. C. by the Insured or by the Underwriter. If more than one Investment Company is named as the Insured herein, the Underwriter shall give written notice to each Investment Company and to the
Securities and Exchange Commission, Washington, D.C. not less than 60 days prior to the effective date of any change or modification which would adversely affect the rights of such Investment Company.
IN WITNESS WHEREOF, the Underwriter has caused this bond to be executed on the Declarations Page.
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RIDER NO. 1
JOINT INSURED LIST
To be attached to and
form part of Bond No. 314-79-82 - 02
In favor of ING Family of Funds
It is agreed that:
1. |
At the request of the Insured, the Underwriter adds to the list of Insured under the attached bond the following: |
ING Balanced Portfolio, Inc., a series fund consisting of:
ING
Balanced Portfolio
ING Variable Funds, a series fund consisting of:
o ING Growth and Income Portfolio
ING Intermediate
Bond Portfolio, a series fund consisting of:
o ING Intermediate Bond Portfolio
ING Money Market Portfolio, a series fund consisting of:
o ING Money Market Portfolio
ING Variable
Portfolios, Inc., a series fund consisting of:
o ING Index Plus LargeCap Portfolio
o ING Index Plus MidCap Portfolio
o ING
Index Plus SmallCap Portfolio
o ING Small Company Portfolio
o ING Australia Index Portfolio
o ING Euro
STOXX 50® Index Portfolio
o ING FTSE 100 Index® Portfolio
o ING Hang Seng Index Portfolio
o ING
International Index Portfolio
o ING Japan TOPIX Index Portfolio
o ING Russell Large Cap Growth Index Portfolio
o ING Russell Large Cap Index Portfolio
o ING Russell Large Cap Value Index Portfolio
o ING Russell Mid Cap Growth Index Portfolio
o ING Russell Mid Cap Index Portfolio
o ING Russell Small Cap Index Portfolio
o ING Wisdom Tree Global High-Yielding Equity
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o ING U.S. Bond Index Portfolio
o ING Energy Markets Index Portfolio
o ING
Global Value Advantage Portfolio
ING Strategic Allocation Portfolios. Inc., a series fund consisting of:
o ING Strategic Allocation Moderate Portfolio
o ING Strategic Allocation Growth Portfolio
o ING Strategic Allocation Conservative Portfolio
ING Series Fund, Inc., a series fund consisting of:
o ING Corporate Leaders 100 Fund
o ING
Core Equity Research Fund
o ING Money Market Fund
o ING Small Company Fund
o ING Large Cap
Growth Fund
o ING SMID Cap Equity Fund
ING
Equity Trust, a series Fund consisting of:
o ING LargeCap Value Fund
o ING Growth Opportunities Fund
o ING
MidCap Opportunities Fund
o ING MidCap Value Fund
o ING Real Estate Fund
o ING SmallCap
Opportunities Fund
ING Funds Trust, a series Fund consisting of:
o ING Floating Rate Fund
o ING GNMA Income
Fund
o ING High Yield Bond Fund
o ING
Intermediate Bond Fund
ING Mutual Funds, a series fund consisting of:
o ING Diversified International Fund
o ING
Emerging Markets Equity Fund
o ING Global Bond Fund
o ING Global Equity Dividend Fund
o ING
Global Natural Resources
o ING Global Opportunities Fund
o ING Global Real Estate Fund
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o ING International Value Equity Fund
o ING Emerging Markets Equity Dividend Fund
o ING International Core Fund
o ING
International Growth Fund
o ING International Real Estate Fund
o ING International SmallCap Fund
o ING
Russia Fund
ING Separate Portfolios Trust, a series Fund consisting of:
o ING Investment Grade Credit Fund
o ING
Emerging Markets Corporate Debt Fund
o ING Emerging Markets Hard Currency Debt Fund
o ING Emerging Markets Local Currency Debt Fund
ING
Variable Products Trust,, a series Fund consisting of:
o ING International Value Portfolio
o ING MidCap Opportunities Portfolio
o ING
SmallCap Opportunities Portfolio
o ING Investors Trust, a series Fund Consisting of:
o ING American Funds Asset Allocation Portfolio
o ING Bond Portfolio
o ING American Funds
International Growth and Income Portfolio
o ING American Funds International Portfolio
o ING American Funds Global Growth and Income Portfolio
o ING American Funds World Allocation Portfolio
o ING BlackRock Inflation Protected Bond Portfolio
o ING BlackRock Large Cap Growth Portfolio
ING
BlackRock Health Science Opportunities Portfolio
o ING Clarion Global Real Estate Portfolio
o ING Clarion Real Estate Portfolio
o ING
DFA World Equity Portfolio
o ING Core Growth and Income Portfolio
o ING FMRSM Diversified Mid Cap Portfolio
o ING Franklin Income Portfolio
o ING
Franklin Mutual Shares Portfolio
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o ING Franklin Templeton Founding Strategy Portfolio
o ING Global Resources Portfolio
o ING
Invesco Growth and Income Portfolio
o ING JPMorgan Emerging Markets Equity Portfolio
o ING JPMorgan Small Cap Core Equity Portfolio
o ING Large Cap Growth Portfolio
o ING
Large Cap Value Portfolio
o ING Limited Maturity Bond Portfolio
o ING Liquid Assets Portfolio
o ING
Marsico Growth Portfolio
o ING MFS Total Return Portfolio
o ING MFS Utilities Portfolio
o ING Morgan
Stanley Global Franchise Portfolio
o ING PIMCO High Yield Portfolio
o ING PIMCO Total Return Bond Portfolio
o ING Multi-Manager Large Cap Core Portfolio
o ING Retirement Conservative Portfolio
o ING Retirement Growth Portfolio
o ING
Retirement Moderate Growth Portfolio
o ING Retirement Moderate Portfolio
o ING T. Rowe Price Capital Appreciation Portfolio
o ING T. Rowe Price Equity Income Portfolio
o ING T. Rowe Price International Stock Portfolio
o ING Templeton Global Growth Portfolio
o ING U.S. Stock Index Portfolio
ING Partners, Inc.,
a series Fund consisting of:
o ING American Century Small-Mid Cap Value Portfolio
o ING Baron Small Cap Growth Portfolio
o ING Columbia Small Cap Value II Portfolio
o ING Columbia Contrarian Core Portfolio
o ING Fidelity® VIP Contrafund® Portfolio
o ING Fidelity® VIP Equity-Income Portfolio
o ING Fidelity® VIP Mid Cap Portfolio
o ING Global Bond Portfolio
o ING Index
Solution 2015 Portfolio
o ING Index Solution 2020 Portfolio
o ING Index Solution 2025 Portfolio
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o ING Index Solution 2030 Portfolio
o ING Index Solution 2035 Portfolio
o ING
Index Solution 2040 Portfolio
o ING Index Solution 2045 Portfolio
o ING Index Solution 2050 Portfolio
o ING
Index Solution 2055 Portfolio
o ING Invesco Comstock Portfolio
o ING Invesco Equity and Income Portfolio
o ING Index Solution Income Portfolio
o ING JPMorgan Mid Cap Value Portfolio
o ING Oppenheimer Global Portfolio
o ING
PIMCO Total Return Portfolio
o ING Pioneer High Yield Portfolio
o ING Solution 2015 Portfolio
o ING
Solution 2020 Portfolio
o ING Solution 2025 Portfolio
o ING Solution 2030 Portfolio
o ING
Solution 2035 Portfolio
o ING Solution 2040 Portfolio
o ING Solution 2045 Portfolio
o ING
Solution 2050 Portfolio
o ING Solution 2055 Portfolio
o ING Solution Moderately Aggressive Portfolio
o ING Solution Conservative Portfolio
o ING Solution Balanced Portfolio
o ING
Solution Income Portfolio
o ING Solution Moderately Conservative Portfolio
o ING T. Rowe Price Diversified Mid Cap Growth Portfolio
o ING T. Rowe Price Growth Equity Portfolio
o ING Templeton Foreign Equity Portfolio
o ING Growth and Income Portfolio
o ING
Growth and Income Portfolio
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Unit Investment Trust
ING Corporate Leaders Trust, a series Fund consisting of:
o ING Corporate Leaders Trust Fund Series A
o ING Corporate Leaders Trust Fund Series B
Interval Fund
ING Senior Income Fund
Closed-End Funds
ING Prime Rate Trust
ING Asia Pacific High Dividend Equity Income Fund
ING Emerging
Markets High Dividend Equity Fund
ING Emerging Markets High Dividend Equity Fund
ING Global Advantage and Premium Opportunity Fund
ING Global
Equity Dividend and Premium Opportunity Fund
ING Infrastructure, Industrials and Material Fund
ING International High Dividend Equity Income Fund
ING Risk
Managed Natural Resources Fund
Principal Protected Funds
ING Variable Insurance Trust, a series Fund consisting of:
o ING GET U.S. Core Portfolio Series 13
o ING GET U.S. Core Portfolio Series 14
2.
This rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time.
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(Authorized Representative) |
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RIDER NO. 2
INSURING AGREEMENT L
To be attached to
and form part of Bond No. 314-79-82 - 02
in favor of ING Family of Funds
It is agreed that:
1. The attached bond is amended by adding
an additional Insuring Agreement as follows:
COMPUTER SYSTEMS
Loss resulting directly from a fraudulent
(1) |
entry of data into, or |
(2) |
change of data elements or programs within |
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a Computer System; provided that fraudulent entry or change causes |
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(a) |
Property to be transferred paid or delivered, |
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(b) |
an account of the Insured, or of its customer, to be added, deleted, debited or credited, or |
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(c) |
an unauthorized account or a fictitious account to be debited or credited; |
(3) |
voice instruction or advices having been transmitted to the Insured or its agent(s) by telephone; |
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and provided further, the fraudulent entry or change is made or caused by an individual acting with the manifest intent to: |
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(i) |
cause the Insured or its agent(s) to sustain a loss, and |
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(ii) |
obtain financial benefit for that individual or for other persons intended by that individual to receive a financial benefit, |
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(iii) |
and further provided such voice instructions or advices: |
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(a) |
were made by a person who purported to represent an individual authorized to make such voice instructions or advices; and |
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were electronically recorded by the Insured or its agent(s). |
(4) |
It shall be a condition to recovery under the Computer Systems Rider that the Insured or its agent(s) shall to the best of their ability electronically record all voice instructions or advices received over the
telephone. The Insured or its agent(s) warrant that they shall make their best efforts to maintain the electronic recording system on a continuous basis. Nothing, however, in this Rider shall bar the Insured from recovery where no recording is
available because of |
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mechanical failure of the device used in making such recording, or because of failure of the media used to record a conversation from any cause, or error or omission of any Employee(s) or
agent(s) of the Insured. |
SCHEDULE OF SYSTEMS
Any System Utilized by the Insured
2. |
As used in this Rider, Computer System means: |
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(a) |
computers with related peripheral components, including storage components, wherever located, |
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(b) |
systems and applications software, |
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(d) |
related communication networks or customer communication systems, and |
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(e) |
related Electronic Funds Transfer Systems, |
by which data are electronically collected,
transmitted, processed, stored, and retrieved.
3. |
In addition to the exclusion in the attached bond, the following exclusions are applicable to this Insuring Agreement: |
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(a) |
loss resulting directly or indirectly from the theft of confidential information, material or data: and |
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(b) |
loss resulting directly or indirectly from entries or changes made by an individual authorized to have access to a Computer System who acts in good faith on instructions, unless such instructions are given to that
individual by a software contractor (or by a partner, officer or employee thereof) authorized by the Insured to design, develop, prepare, supply service, write or implement programs for the Insureds Computer System. |
4. |
The following portions of the attached bond are not applicable to this Rider: |
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(a) |
the initial paragraph of the bond preceding the Insuring Agreements which reads ...at any time but discovered during the Bond Period. |
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(b) |
Section 9-NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY |
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(c) |
Section 10-LIMIT OF LIABILITY |
5. |
The coverage afforded by this rider applies only to loss discovered by the Insured during the period this Rider is in force. |
6. |
All loss or series of losses involving the fraudulent activity of one individual, or involving fraudulent activity in which one individual is implicated, whether or not that individual is specifically identified, shall
be treated as one loss. A series of losses involving unidentified individuals but arising from the same method of operation may be deemed by the Underwriter to involve the same individual and in that event shall be treated as one loss.
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7. |
The Limit of Liability for the coverage provided by this Rider shall be $40,000,000. |
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8. |
The Underwriter shall be liable hereunder for the amount by which one loss shall be in excess of $25,000 (herein called the Deductible Amount) but not in excess of the Limit of Liability stated above.
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9. |
If any loss is covered under this Insuring Agreement and any other Insuring Agreement or Coverage, the maximum amount payable for such loss shall not exceed the largest amount available under any one Insuring Agreement
or Coverage. |
10. |
Coverage under this Rider shall terminate upon termination or cancellation of the bond to which this Rider is attached. Coverage under this rider may also be terminated or cancelled without canceling the bond as an
entirety: |
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(a) |
90 days after receipt by the Insured of written notice from the Underwriter of its desire to terminate or cancel coverage under this Rider, or |
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(b) |
immediately upon receipt by the Underwriter of a written request from the Insured to terminate or cancel coverage under this Rider. |
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The Underwriter shall refund to the Insured the unearned premium for this coverage under this Rider. The refund shall be computed at short rates if this Rider is terminated or cancelled or reduces by notice from, or at
the insistence of the Insured. |
11. |
Section 4-LOSS-NOTICE-PROOF-LEGAL PROCEEDING of the Conditions and Limitations of this bond is amended by adding the following sentence: |
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Proof of Loss resulting from Voice Instructions or advices covered under this bond shall include Electronic Recording of such Voice Instructions of advices. |
12. |
Notwithstanding the foregoing, however, coverage afforded by this Rider is not designed to provide protection against loss covered under a separate Electronic and Computer Crime Policy by whatever title assigned or by
whatever Underwriter written. Any loss which is covered under such separate Policy is excluded from coverage under this bond; and the Insured agrees to make claim for such loss under its separate Policy. |
13. |
This rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time. |
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RIDER NO. 3
To be attached to and form part of the Investment Company Bond
Bond No. 314-79-82 - 02
in
favor of ING Family of Funds
It is agreed that this Bond is amended by adding the following:
EXTENDED COMPUTER SYSTEMS RIDER
1. |
Electronic Data, Electronic Media, Electronic Instruction |
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(1) |
Loss resulting directly from: |
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(a) |
the fraudulent modification of Electronic Data, Electronic Media or Electronic Instruction being stored within or being run within any system covered under this rider, |
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(b) |
robbery, burglary, larceny or theft of Electronic Data, Electronic Media or Electronic instructions, |
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(c) |
the acts of a hacker causing damage or destruction of Electronic Data, Electronic Media or Electronic Instruction owned by the Insured or for which the Insured is legally liable, while stored within a Computer System
covered under this rider, or |
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(d) |
the damage or destruction of Electronic Data, electronic Media or Electronic Instruction owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under Computer
Systems Fraud Insuring Agreement (G), provided such damage or destruction was caused by a computer program or similar instruction which was written or altered to intentionally incorporate a hidden instruction designed to damage or destroy Electronic
Data, Electronic Media, or Electronic instruction in the Computer System in which the computer program or instruction so written or so altered is used. |
2. |
Electronic Communication |
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Loss resulting directly from the Insured having transferred, paid or delivered any funds or property, established any credit, debited any account or given any value on the faith of any electronic communications directed
to the Insured, which were transmitted or appear to have been transmitted through: |
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(a) |
an Electronic Communication System, |
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(b) |
an Automated clearing house or custodian, or |
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(c) |
a Telex, TWX, or similar means of communication, |
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directly into the Insureds Computer System or Communication Terminal, and fraudulently purport to have been sent by a customer, automated clearing house, custodian, or financial institution, but which
communications were either not sent by said customer, automated clearing house, custodian, or financial institution, or were fraudulently modified during physical transit of Electronic Media to the Insured or during electronic transmission to the
Insureds Computer System or Communication Terminal. |
3. |
Electronic Transmission |
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Loss resulting directly from a customer of the Insured, any automated clearing house, custodian, or financial institution having transferred, paid or delivered any funds or property, established any credit, debited any
account or given any value on the faith of any electronic communications, purporting to have been directed by the Insured to such customer, automated clearing house, custodian, or financial institution initiating, authorizing, or acknowledging, the
transfer, payment, delivery or receipt of funds or property, which communications were transmitted through: |
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(a) |
an Electronic Communication System, |
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(b) |
an automated clearing house or custodian, or |
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(c) |
a Telex, TWX, or similar means of communication, |
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directly into a Computer System or Communication Terminal of said customer, automated clearing house, custodian, or financial institution, and fraudulently purport to have been directed by the Insured, but which
communications were either not sent by the Insured, or were fraudulently modified during physical transit of Electronic Media from the Insured or during electronic transmission from the Insured Computer System or Communication Termina, and for which
loss the Insured is held to be legally liable. |
2. |
In addition to the Conditions and Limitations in the bond, the following, applicable to the Extended Computer Systems Rider, are added: |
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DEFINITIONS
|
(A) |
Communication Terminal means a teletype, teleprinter or video display terminal, or similar device capable of sending or receiving information electronically. Communication Terminal does not mean a telephone.
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(B) |
Electronic Communication System means electronic communication operations by Fedwire, Clearing House Interbank Payment System (CHIPS), society of Worldwide International Financial Telecommunication (SWIFT), similar
automated interbank communication systems, and Internet access facilities. |
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(C) |
Electronic Data means facts or information converted to a form usable in Computer Systems and which is stored on Electronic Media for use by computer programs. |
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(D) |
Electronic Instruction means computer programs converted to a form usable in a Computer System to act upon Electronic Data. |
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(E) |
Electronic Media means the magnetic tape, magnetic disk, optical disk, or any other bulk media on which data is recorded. |
EXCLUSIONS
This bond does not cover:
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(A) |
loss resulting directly or indirectly from forged, altered or fraudulent negotiable instruments, securities, documents or written instruments used as source documentation in the preparation of Electronic Data:
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(B) |
loss of negotiable instruments, securities, documents or written instruments except as converted to Electronic Data and then only in that converted form; |
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(C) |
loss resulting from mechanical failure, faulty construction, error in design, latent defect, wear or tear, gradual deterioration, electrical disturbance, Electronic Media failure or breakdown or any malfunction or error
in programming or error or omission in processing; |
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(D) |
loss resulting directly or indirectly from the input of Electronic Data at an authorized electronic terminal of an Electronic Funds Transfer System or a Customer Communication System by a person who had authorized
access from a customer to that customers authentication mechanism; |
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(E) |
liability assumed by the Insured by agreement under any contract, unless such liability would have attached to the Insured even in the absence of such agreement; or |
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(F) |
loss resulting directly or indirectly from: |
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(1) |
written instruction unless covered under this rider; or |
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(2) |
instruction by voice over the telephone, unless covered under this rider. |
SERIES OF LOSSES
All losses or series of losses involving the fraudulent acts of one individual, or involving fraudulent acts in which one individual is implicated,
whether or not that individual is specifically identified, shall be treated as a Single Loss and subject to the Single Loss Limit of Liability. A series of losses involving unidentified individuals but arising from the same method of operation shall
be deemed to involve the same individual and in that event shall be treated as a Single Loss and subject to the Single Loss Limit of Liability.
VALUATION
Electronic Data, Electronic Media, or
Electronic Instruction
In case of loss of, or damage to, Electronic Data, Electronic Media or Electronic Instruction used by the Insured in its business,
the Underwriter shall be liable under this bond only if such items are actually reproduced from other Electronic Data, Electronic Media or Electronic Instruction of the same kind or quality and then for not more than the cost of the Blank media
and/or the cost of labor for the actual transcription or copying of data which shall have been furnished by the insured in order to reproduce such Electronic Data, Electronic Media or Electronic Instruction subject to the applicable Single Loss
Limit of Liability.
However, if such Electronic Data cannot be reproduced and said Electronic Data represents Securities or financial instruments having
a value, then the loss will be valued as indicated in the Property other than Money, Securities or Records paragraphs of Section 6.
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The title and any headings in this rider are solely for convenience and form no part of the terms and
conditions of coverage.
All other terms, conditions and limitations of this bond shall remain unchanged.
2. This rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time.
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RIDER NO. 4
NEWLY CREATED INVESTMENT COMPANIES
To be
attached to and form part of the Investment Company Bond
Bond No. 314-79-82 - 02
in favor of ING Family of Funds
It is
agreed that:
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1. |
Item 1. of the Declarations shall include any existing Investment Company or portfolios which are not listed under Rider No. 1 of the attached Bond. It shall also include any Newly Created Investment Company
or portfolio provided that the Insured shall submit to the Underwriter following the end of the Bond Period, a list of all Newly Created portfolios and Copies of any prospectuses and statements of additional information relating to such Newly
Created Investment Companies or portfolios unless said prospectus and statements of additional information have been previously submitted. |
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Following the end of the Bond Period, any Newly Created Investment Company or portfolio created during the Period, will continue to be an Insured only if the Underwriter notified as set forth in the paragraph and the
information required herein is provided to the Underwriter, and the Underwriter acknowledges the addition of such Newly Created Investment Company or portfolio to the Bond by a Rider of this Bond. |
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2. |
It is further agreed that the following definition is added to Section 1. DEFINITIONS. |
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(g) Newly Created Investment Company or portfolio shall mean any Investment Company or portfolio for which registration with the SEC has been declared. |
3. This rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time.
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RIDER NO. 5
LOSS REPORTING THRESHOLD
To be attached
to and form part of the Investment Company Bond
Bond No. 314-79-82 - 02
in favor of ING Family of Funds
It is
agreed that:
1 |
The second paragraph of Section 12 - DEDUCTIBLE AMOUNT - is deleted in its entirety and replaced by the following: |
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The Insured shall, in the time and in the manner prescribed in this Bond, give the Underwriter notice of any loss which is in excess of $12,500. Such loss shall be of the kind covered by the terms of this bond,
whether or not the Underwriter is liable therefore. Upon the request of the Underwriter, the Insured shall file a brief statement with the Underwriter giving the particulars concerning such loss. |
2. |
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned bond, other than as stated herein. |
3. |
This rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time. |
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RIDER NO. 6
COUNTERFEIT CURRENCY REVISION
To be
attached to and form part of the Investment Company Bond
Bond No. 314-79-82 - 02
in favor of ING Family of Funds
It is agreed that:
It is agreed that:
1. Insuring Agreement (F), Counterfeit Currency is deleted in its entirety and replaced by the following:
COUNTERFEIT CURRENCY
(F)
Loss resulting directly from the receipt by the Insured, in good faith of any counterfeit money.
2. Nothing herein contained shall be held to vary,
alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned bond, other than as stated herein.
3.
This rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time.
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RIDER NO. 7
AMENDED DEFINITION OF EMPLOYEE
To be
attached to and form part of the Investment Company Bond
Bond No. 314-79-82 - 02
in favor of ING Family of Funds
It is agreed that:
1) Section 1,
Definitions, (a) Employee, is Amended by adding the following: after Item 9:
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(10) |
Ex-Employees up to 60 days after termination, except if terminated for reasons of fraud or dishonesty |
2) This Rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time.
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RIDER NO. 8
AMENDED SECTION 13 - TERMINATION
To be
attached to and form part of the Investment Company Bond
Bond No. 314-79-82 - 02
in favor of ING Family of Funds
It is agreed that:
1. |
Paragraph 1 of Section 13. Termination, is amended by adding the following after the words D.C. on Line 5 and on Line 9 State of Arkansas, and Midwest Stock Exchange
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2. |
This rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time. |
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Administrative Offices 301 E 4th Street
Cincinnati, Ohio 45202-4201 Tel: 1-513-369-5000 |
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INSURED COPY
314-79-82 - 02 |
RIDER NO. 9
AMENDED FIDELITY
To be attached to and
form part of the Investment Company Bond
Bond No. 314-79-82 - 02
in favor of ING Family of Funds
It is agreed that:
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A) |
Delete Paragraph 2 of Insuring Agreement A, and replace with the following: |
Such
dishonest or fraudulent acts must be committed by the Employee with the manifest intent:
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(a) |
to cause the Insured to sustain such loss, or |
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(b) |
to obtain financial benefit for the Employee or another person or entity. |
Notwithstanding the foregoing, it
is agreed that with regard to Loans and/or Trading this bond covers only loss resulting directly from dishonest or fraudulent acts committed by an Employee with the manifest intent to cause the Insured to sustain such loss and which results in a
financial benefit for the Employee. However, where the proceeds of a dishonest or fraudulent act committed by an Employee arising from Loans and/or Trading are actually received by persons with whom the Employee was acting in collusion, but said
Employee fails to derive a financial benefit therefrom, such a loss will nevertheless be covered hereunder as if the Employee had obtained such benefit provided the Insured establishes that the Employee intended to participate therein. The term
Trading as used in this Insuring Agreement shall be deemed to mean buying or selling or other dealings in securities, commodities, futures, options, foreign or federal funds, currencies, foreign exchange and the like.
The term Loan as used in this Insuring Agreement shall be deemed to mean all extensions of credit by the Insured and all transactions creating a
creditor relationship in favor of the Insured and all transactions by which the Insured assumes an existing creditor relationship.
B) |
It is agreed that the following paragraph is added after the second paragraph of Insuring Agreement (A) Fidelity: |
Loss resulting directly from the malicious destruction of or the malicious damage of Property, Electronic Data or Electronic Data
Processing Media committed by an Employee, whether committed alone or in collusion with others, which acts are committed with the manifest intent to cause the Insured to sustain a loss..
This rider shall become effective as of 12:01 a.m. on 10/01/2013 standard time.
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Administrative Offices 301 E 4th Street
Cincinnati, Ohio 45202-4201 Tel: 1-513-369-5000 |
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INSURED COPY
314-79-82 - 02 |
RIDER NO. 10
AMENDED SECTION 4. LOSS-NOTICE-PROOF-LEGAL PROCEEDINGS
To be attached to and form part of the Investment Company Bond
Bond No. 314-79-82 - 02
in favor of ING Family of Funds
It is agreed that:
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1. |
Section 4. Loss-Notice-Proof - Legal Proceedings, is amended by the following: |
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a) |
Paragraph 1, Sentence 2, Line 3, the word Insured is replaced by the words |
by the Risk Management Department, Office of the General Counsel, or Senior Vice President or above of the Insured.
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b) |
Paragraph 2, Line 1, the word Insured is replaced by the words |
by the Risk
Management Department, Office of the General Counsel, or Senior Vice President or above of the Insured.
2. This rider shall become
effective as of 12:01 a.m. on 10/01/2013 standard time.