Chubb Group of Insurance Companies | DECLARATIONS | |||||||||||||||
FINANCIAL INSTITUTION INVESTMENT | ||||||||||||||||
15 Mountain View Road, Warren, New Jersey 07059 | COMPANY ASSET PROTECTION BOND | |||||||||||||||
NAME OF ASSURED (including its Subsidiaries): | Bond Number: 81392053 | |||||||||||||||
CENTRAL SECURITIES CORPORATION | ||||||||||||||||
VIGILANT INSURANCE COMPANY | ||||||||||||||||
630 FIFTH AVENUE | Incorporated under the laws of New York | |||||||||||||||
a stock insurance company herein called the COMPANY | ||||||||||||||||
NEW YORK, NY 10111 | ||||||||||||||||
55 Water Street, New York NY 10041-2899 | ||||||||||||||||
ITEM 1. | BOND PERIOD: | from | 12:01 a.m. on | April 1, 2008 | ||||||||||||
to | 12:01 a.m. on | April 1, 2009 | ||||||||||||||
ITEM 2. | LIMITS OF LIABILITY--DEDUCTIBLE AMOUNTS: | |||||||||||||||
If Not Covered is inserted below opposite any specified INSURING CLAUSE, such INSURING CLAUSE | ||||||||||||||||
and any other reference shall be deemed to be deleted. There shall be no deductible applicable to any | ||||||||||||||||
loss under INSURING CLAUSE 1. sustained by any Investment Company. | ||||||||||||||||
DEDUCTIBLE | ||||||||||||||||
INSURING CLAUSE | LIMIT OF LIABILITY | AMOUNT | ||||||||||||||
1. | Employee | $ 900,000 | $ 10,000 | |||||||||||||
2. | On Premises | $ 900,000 | $ 10,000 | |||||||||||||
3. | In Transit | $ 900,000 | $ 10,000 | |||||||||||||
4. | Forgery or Alteration | $ 900,000 | $ 10,000 | |||||||||||||
5. | Extended Forgery | $ Not Covered | $ None | |||||||||||||
6. | Counterfeit Money | $ 900,000 | $ 10,000 | |||||||||||||
7. | Threats to Person | $ Not Covered | $ None | |||||||||||||
8. | Computer System | $ Not Covered | $ None | |||||||||||||
9. | Voice Initiated Funds Transfer Instruction | $ Not Covered | $ None | |||||||||||||
10. | Uncollectible Items of Deposit | $ Not Covered | $ None | |||||||||||||
11. | Audit Expense | $ Not Covered | $ None | |||||||||||||
ITEM 3. | THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING | |||||||||||||||
ENDORSEMENTS EXECUTED SIMULTANEOUSLY HEREWITH: | ||||||||||||||||
(1) Compliance with Applicable Trade Sanction Laws | ||||||||||||||||
(2) Deleting Valuation- Other Property | ||||||||||||||||
(3) New York Amendatory | ||||||||||||||||
IN WITNESS WHEREOF, THE COMPANY has caused this Bond to be signed by its authorized officers, but it shall not | ||||||||||||||||
be valid unless also signed by an authorized representative of the Company. |
ICAP Bond (5-98) - Vigilant | |
Form 17-02-1422 (Ed. 5-98) | Page 1 of 1 |
The COMPANY, in consideration of payment of the required premium, and in reliance | ||||||||
on the APPLICATION and all other statements made and information furnished to the | ||||||||
COMPANY by the ASSURED, and subject to the DECLARATIONS made a part of this | ||||||||
Bond and to all other terms and conditions of this Bond, agrees to pay the ASSURED | ||||||||
for: | ||||||||
Insuring Clauses | ||||||||
Employee | 1. | Loss resulting directly from Larceny or Embezzlement committed by any | ||||||
Employee, alone or in collusion with others. | ||||||||
On Premises | 2. | Loss of Property resulting directly from robbery, burglary, false pretenses, | ||||||
common law or statutory larceny, misplacement, mysterious unexplainable | ||||||||
disappearance, damage, destruction or removal, from the possession, custody or | ||||||||
control of the ASSURED, while such Property is lodged or deposited at premises | ||||||||
located anywhere. | ||||||||
In Transit | 3. | Loss of Property resulting directly from common law or statutory larceny, | ||||||
misplacement, mysterious unexplainable disappearance, damage or destruction, | ||||||||
while the Property is in transit anywhere: | ||||||||
a. | in an armored motor vehicle, including loading and unloading thereof, | |||||||
b. | in the custody of a natural person acting as a messenger of the ASSURED, | |||||||
or | ||||||||
c. | in the custody of a Transportation Company and being transported in a | |||||||
conveyance other than an armored motor vehicle provided, however, that | ||||||||
covered Property transported in such manner is limited to the following: | ||||||||
(1) | written records, | |||||||
(2) | securities issued in registered form, which are not endorsed or are | |||||||
restrictively endorsed, or | ||||||||
(3) | negotiable instruments not payable to bearer, which are not endorsed | |||||||
or are restrictively endorsed. | ||||||||
Coverage under this INSURING CLAUSE begins immediately on the receipt of | ||||||||
such Property by the natural person or Transportation Company and ends | ||||||||
immediately on delivery to the premises of the addressee or to any representative | ||||||||
of the addressee located anywhere. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 1 of 19 |
Insuring Clauses | ||||||||
(continued) | ||||||||
Forgery Or Alteration | 4. | Loss resulting directly from: | ||||||
a. | Forgery on, or fraudulent material alteration of, any bills of exchange, | |||||||
checks, drafts, acceptances, certificates of deposits, promissory notes, due | ||||||||
bills, money orders, orders upon public treasuries, letters of credit, other | ||||||||
written promises, orders or directions to pay sums certain in money, or | ||||||||
receipts for the withdrawal of Property, or | ||||||||
b. | transferring, paying or delivering any funds or other Property, or establishing | |||||||
any credit or giving any value in reliance on any written instructions, advices | ||||||||
or applications directed to the ASSURED authorizing or acknowledging the | ||||||||
transfer, payment, delivery or receipt of funds or other Property, which | ||||||||
instructions, advices or applications fraudulently purport to bear the | ||||||||
handwritten signature of any customer of the ASSURED, or shareholder or | ||||||||
subscriber to shares of an Investment Company, or of any financial | ||||||||
institution or Employee but which instructions, advices or applications either | ||||||||
bear a Forgery or have been fraudulently materially altered without the | ||||||||
knowledge and consent of such customer, shareholder, subscriber, financial | ||||||||
institution or Employee; | ||||||||
excluding, however, under this INSURING CLAUSE any loss covered under | ||||||||
INSURING CLAUSE 5. of this Bond, whether or not coverage for INSURING | ||||||||
CLAUSE 5. is provided for in the DECLARATIONS of this Bond. | ||||||||
For the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile | ||||||||
signature is treated the same as a handwritten signature. | ||||||||
Extended Forgery | 5. | Loss resulting directly from the ASSURED having, in good faith, and in the | ||||||
ordinary course of business, for its own account or the account of others in any | ||||||||
capacity: | ||||||||
a. | acquired, accepted or received, accepted or received, sold or delivered, or | |||||||
given value, extended credit or assumed liability, in reliance on any original | ||||||||
Securities, documents or other written instruments which prove to: | ||||||||
(1) | bear a Forgery or a fraudulently material alteration, | |||||||
(2) | have been lost or stolen, or | |||||||
(3) | be Counterfeit, or | |||||||
b. | guaranteed in writing or witnessed any signatures on any transfer, | |||||||
assignment, bill of sale, power of attorney, guarantee, endorsement or other | ||||||||
obligation upon or in connection with any Securities, documents or other | ||||||||
written instruments. | ||||||||
Actual physical possession, and continued actual physical possession if taken as | ||||||||
collateral, of such Securities, documents or other written instruments by an | ||||||||
Employee, Custodian, or a Federal or State chartered deposit institution of the | ||||||||
ASSURED is a condition precedent to the ASSURED having relied on such items. | ||||||||
Release or return of such collateral is an acknowledgment by the ASSURED that it | ||||||||
no longer relies on such collateral. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 2 of 19 |
Insuring Clauses | ||||||||
Extended Forgery | For the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile | |||||||
(continued) | signature is treated the same as a handwritten signature. | |||||||
Counterfeit Money | 6. | Loss resulting directly from the receipt by the ASSURED in good faith of any | ||||||
Counterfeit money. | ||||||||
Threats To Person | 7. | Loss resulting directly from surrender of Property away from an office of the | ||||||
ASSURED as a result of a threat communicated to the ASSURED to do bodily | ||||||||
harm to an Employee as defined in Section 1.e. (1), (2) and (5), a Relative or | ||||||||
invitee of such Employee, or a resident of the household of such Employee, who | ||||||||
is, or allegedly is, being held captive provided, however, that prior to the surrender | ||||||||
of such Property: | ||||||||
a. | the Employee who receives the threat has made a reasonable effort to | |||||||
notify an officer of the ASSURED who is not involved in such threat, and | ||||||||
b. | the ASSURED has made a reasonable effort to notify the Federal Bureau of | |||||||
Investigation and local law enforcement authorities concerning such threat. | ||||||||
It is agreed that for purposes of this INSURING CLAUSE, any Employee of the | ||||||||
ASSURED, as set forth in the preceding paragraph, shall be deemed to be an | ||||||||
ASSURED hereunder, but only with respect to the surrender of money, securities | ||||||||
and other tangible personal property in which such Employee has a legal or | ||||||||
equitable interest. | ||||||||
Computer System | 8. | Loss resulting directly from fraudulent: | ||||||
a. | entries of data into, or | |||||||
b. | changes of data elements or programs within, | |||||||
a Computer System, provided the fraudulent entry or change causes: | ||||||||
(1) | funds or other property to be transferred, paid or delivered, | |||||||
(2) | an account of the ASSURED or of its customer to be added, deleted, | |||||||
debited or credited, or | ||||||||
(3) | an unauthorized account or a fictitious account to be debited or | |||||||
credited. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 3 of 19 |
Insuring Clauses | ||||||
(continued) | ||||||
Voice Initiated Funds | 9. | Loss resulting directly from Voice Initiated Funds Transfer Instruction directed | ||||
Transfer Instruction | to the ASSURED authorizing the transfer of dividends or redemption proceeds of | |||||
Investment Company shares from a Customer's account, provided such Voice | ||||||
Initiated Funds Transfer Instruction was: | ||||||
a. | received at the ASSURED'S offices by those Employees of the ASSURED | |||||
specifically authorized to receive the Voice Initiated Funds Transfer | ||||||
Instruction, | ||||||
b. | made by a person purporting to be a Customer, and | |||||
c. | made by said person for the purpose of causing the ASSURED or Customer | |||||
to sustain a loss or making an improper personal financial gain for such | ||||||
person or any other person. | ||||||
In order for coverage to apply under this INSURING CLAUSE, all Voice Initiated | ||||||
Funds Transfer Instructions must be received and processed in accordance with | ||||||
the Designated Procedures outlined in the APPLICATION furnished to the | ||||||
COMPANY. | ||||||
Uncollectible Items of | 10. | Loss resulting directly from the ASSURED having credited an account of a | ||||
Deposit | customer, shareholder or subscriber on the faith of any Items of Deposit which | |||||
prove to be uncollectible, provided that the crediting of such account causes: | ||||||
a. | redemptions or withdrawals to be permitted, | |||||
b. | shares to be issued, or | |||||
c. | dividends to be paid, | |||||
from an account of an Investment Company. | ||||||
In order for coverage to apply under this INSURING CLAUSE, the ASSURED | ||||||
must hold Items of Deposit for the minimum number of days stated in the | ||||||
APPLICATION before permitting any redemptions or withdrawals, issuing any | ||||||
shares or paying any dividends with respect to such Items of Deposit. | ||||||
Items of Deposit shall not be deemed uncollectible until the ASSURED'S | ||||||
standard collection procedures have failed. | ||||||
Audit Expense | 11. | Expense incurred by the ASSURED for that part of the cost of audits or | ||||
examinations required by any governmental regulatory authority or self-regulatory | ||||||
organization to be conducted by such authority, organization or their appointee by | ||||||
reason of the discovery of loss sustained by the ASSURED and covered by this | ||||||
Bond. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 4 of 19 |
General Agreements | ||||||
Additional Companies | A. | If more than one corporation, or Investment Company, or any combination of | ||||
Included As Assured | them is included as the ASSURED herein: | |||||
(1) | The total liability of the COMPANY under this Bond for loss or losses | |||||
sustained by any one or more or all of them shall not exceed the limit for | ||||||
which the COMPANY would be liable under this Bond if all such loss were | ||||||
sustained by any one of them. | ||||||
(2) | Only the first named ASSURED shall be deemed to be the sole agent of the | |||||
others for all purposes under this Bond, including but not limited to the giving | ||||||
or receiving of any notice or proof required to be given and for the purpose of | ||||||
effecting or accepting any amendments to or termination of this Bond. The | ||||||
COMPANY shall furnish each Investment Company with a copy of the | ||||||
Bond and with any amendment thereto, together with a copy of each formal | ||||||
filing of claim by any other named ASSURED and notification of the terms of | ||||||
the settlement of each such claim prior to the execution of such settlement. | ||||||
(3) | The COMPANY shall not be responsible for the proper application of any | |||||
payment made hereunder to the first named ASSURED. | ||||||
(4) | Knowledge possessed or discovery made by any partner, director, trustee, | |||||
officer or supervisory employee of any ASSURED shall constitute knowledge | ||||||
or discovery by all the ASSUREDS for the purposes of this Bond. | ||||||
(5) | If the first named ASSURED ceases for any reason to be covered under this | |||||
Bond, then the ASSURED next named on the APPLICATION shall thereafter | ||||||
be considered as the first named ASSURED for the purposes of this Bond. | ||||||
Representation Made By | B. | The ASSURED represents that all information it has furnished in the | ||||
Assured | APPLICATION for this Bond or otherwise is complete, true and correct. Such | |||||
APPLICATION and other information constitute part of this Bond. | ||||||
The ASSURED must promptly notify the COMPANY of any change in any fact or | ||||||
circumstance which materially affects the risk assumed by the COMPANY under | ||||||
this Bond. | ||||||
Any intentional misrepresentation, omission, concealment or incorrect statement of | ||||||
a material fact, in the APPLICATION or otherwise, shall be grounds for recision of | ||||||
this Bond. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 5 of 19 |
General Agreements | ||||||
(continued) | ||||||
Additional Offices Or | C. | If the ASSURED, other than an Investment Company, while this Bond is in force, | ||||
Employees - Consolidation, | merges or consolidates with, or purchases or acquires assets or liabilities of | |||||
Merger Or Purchase Or | another institution, the ASSURED shall not have the coverage afforded under this | |||||
Acquisition Of Assets Or | Bond for loss which has: | |||||
Liabilities - Notice To | (1) | occurred or will occur on premises, or | ||||
Company | ||||||
(2) | been caused or will be caused by an employee, or | |||||
(3) | arisen or will arise out of the assets or liabilities, | |||||
of such institution, unless the ASSURED: | ||||||
a. | gives the COMPANY written notice of the proposed consolidation, merger or | |||||
purchase or acquisition of assets or liabilities prior to the proposed effective | ||||||
date of such action, and | ||||||
b. | obtains the written consent of the COMPANY to extend some or all of the | |||||
coverage provided by this Bond to such additional exposure, and | ||||||
c. | on obtaining such consent, pays to the COMPANY an additional premium. | |||||
Change Of Control - | D. | When the ASSURED learns of a change in control (other than in an Investment | ||||
Notice To Company | Company), as set forth in Section 2(a) (9) of the Investment Company Act of | |||||
1940, | the ASSURED shall within sixty (60) days give written notice to the | |||||
COMPANY setting forth: | ||||||
(1) | the names of the transferors and transferees (or the names of the beneficial | |||||
owners if the voting securities are registered in another name), | ||||||
(2) | 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 | ||||||
(3) | the total number of outstanding voting securities. | |||||
Failure to give the required notice shall result in termination of coverage for any | ||||||
loss involving a transferee, to be effective on the date of such change in control. | ||||||
Court Costs And | E. | The COMPANY will indemnify the ASSURED for court costs and reasonable | ||||
Attorneys Fees | attorneys' fees incurred and paid by the ASSURED in defense, whether or not | |||||
successful, whether or not fully litigated on the merits and whether or not settled, | ||||||
of any claim, suit or legal proceeding with respect to which the ASSURED would | ||||||
be entitled to recovery under this Bond. However, with respect to INSURING | ||||||
CLAUSE 1., this Section shall only apply in the event that: | ||||||
(1) | an Employee admits to being guilty of Larceny or Embezzlement, | |||||
(2) | an Employee is adjudicated to be guilty of Larceny or Embezzlement, or |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 6 of 19 |
General Agreements | ||||
Court Costs And | (3) | in the absence of 1 or 2 above, an arbitration panel agrees, after a review of | ||
Attorneys Fees | an agreed statement of facts between the COMPANY and the ASSURED, | |||
(continued) | that an Employee would be found guilty of Larceny or Embezzlement if | |||
such Employee were prosecuted. | ||||
The ASSURED shall promptly give notice to the COMPANY of any such suit or | ||||
legal proceeding and at the request of the COMPANY shall furnish copies of all | ||||
pleadings and pertinent papers to the COMPANY. The COMPANY may, at its | ||||
sole option, elect to conduct the defense of all or part of such legal proceeding. | ||||
The defense by the COMPANY shall be in the name of the ASSURED through | ||||
attorneys selected by the COMPANY. The ASSURED shall provide all reasonable | ||||
information and assistance as required by the COMPANY for such defense. | ||||
If the COMPANY declines to defend the ASSURED, no settlement without the | ||||
prior written consent of the COMPANY nor judgment against the ASSURED shall | ||||
determine the existence, extent or amount of coverage under this Bond. | ||||
If the amount demanded in any such suit or legal proceeding is within the | ||||
DEDUCTIBLE AMOUNT, if any, the COMPANY shall have no liability for court | ||||
costs and attorney's fees incurred in defending all or part of such suit or legal | ||||
proceeding. | ||||
If the amount demanded in any such suit or legal proceeding is in excess of the | ||||
LIMIT OF LIABILITY stated in ITEM 2. of the DECLARATIONS for the applicable | ||||
INSURING CLAUSE, the COMPANY'S liability for court costs and attorney's fees | ||||
incurred in defending all or part of such suit or legal proceedings is limited to the | ||||
proportion of such court costs and attorney's fees incurred that the LIMIT OF | ||||
LIABILITY stated in ITEM 2. of the DECLARATIONS for the applicable INSURING | ||||
CLAUSE bears to the total of the amount demanded in such suit or legal | ||||
proceeding. | ||||
If the amount demanded is any such suit or legal proceeding is in excess of the | ||||
DEDUCTIBLE AMOUNT, if any, but within the LIMIT OF LIABILITY stated in ITEM | ||||
2. | of the DECLARATIONS for the applicable INSURING CLAUSE, the | |||
COMPANY'S liability for court costs and attorney's fees incurred in defending all or | ||||
part of such suit or legal proceedings shall be limited to the proportion of such | ||||
court costs or attorney's fees that the amount demanded that would be payable | ||||
under this Bond after application of the DEDUCTIBLE AMOUNT, bears to the total | ||||
amount demanded. | ||||
Amounts paid by the COMPANY for court costs and attorneys' fees shall be in | ||||
addition to the LIMIT OF LIABILITY stated in ITEM 2. of the DECLARATIONS. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 7 of 19 |
Conditions And | ||||||||
Limitations | ||||||||
Definitions | 1. | As used in this Bond: | ||||||
a. | Computer System means a computer and all input, output, processing, | |||||||
storage, off-line media libraries, and communication facilities which are | ||||||||
connected to the computer and which are under the control and supervision | ||||||||
of the operating system(s) or application(s) software used by the ASSURED. | ||||||||
b. | Counterfeit means an imitation of an actual valid original which is intended | |||||||
to deceive and be taken as the original. | ||||||||
c. | Custodian means the institution designated by an Investment Company to | |||||||
maintain possession and control of its assets. | ||||||||
d. | Customer means an individual, corporate, partnership, trust customer, | |||||||
shareholder or subscriber of an Investment Company which has a written | ||||||||
agreement with the ASSURED for Voice Initiated Funds Transfer | ||||||||
Instruction. | ||||||||
e. | Employee means: | |||||||
(1) | an officer of the ASSURED, | |||||||
(2) | a natural person while in the regular service of the ASSURED at any of | |||||||
the ASSURED'S premises and compensated directly by the ASSURED | ||||||||
through its payroll system and subject to the United States Internal | ||||||||
Revenue Service Form W-2 or equivalent income reporting plans of | ||||||||
other countries, and whom the ASSURED has the right to control and | ||||||||
direct both as to the result to be accomplished and details and means | ||||||||
by which such result is accomplished in the performance of such | ||||||||
service, | ||||||||
(3) | a guest student pursuing studies or performing duties in any of the | |||||||
ASSURED'S premises, | ||||||||
(4) | an attorney retained by the ASSURED and an employee of such | |||||||
attorney while either is performing legal services for the ASSURED, | ||||||||
(5) | a natural person provided by an employment contractor to perform | |||||||
employee duties for the ASSURED under the ASSURED'S supervision | ||||||||
at any of the ASSURED'S premises, | ||||||||
(6) | an employee of an institution merged or consolidated with the | |||||||
ASSURED prior to the effective date of this Bond, | ||||||||
(7) | a director or trustee of the ASSURED, but only while performing acts | |||||||
within the scope of the customary and usual duties of any officer or | ||||||||
other employee of the ASSURED or while acting as a member of any | ||||||||
committee duly elected or appointed to examine or audit or have | ||||||||
custody of or access to Property of the ASSURED, or |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 8 of 19 |
Conditions And | ||||||
Limitations | ||||||
Definitions | (8) | each natural person, partnership or corporation authorized by written | ||||
(continued) | agreement with the ASSURED to perform services as electronic data | |||||
processor of checks or other accounting records related to such checks but | ||||||
only while such person, partnership or corporation is actually performing | ||||||
such services and not: | ||||||
a. | creating, preparing, modifying or maintaining the ASSURED'S | |||||
computer software or programs, or | ||||||
b. | acting as transfer agent or in any other agency capacity in issuing | |||||
checks, drafts or securities for the ASSURED, | ||||||
(9) | any partner, officer or employee of an investment advisor, an underwriter | |||||
(distributor), a transfer agent or shareholder accounting recordkeeper, or an | ||||||
administrator, for an Investment Company while performing acts coming | ||||||
within the scope of the customary and usual duties of an officer or employee | ||||||
of an Investment Company or acting as a member of any committee duly | ||||||
elected or appointed to examine, audit or have custody of or access to | ||||||
Property of an Investment Company. | ||||||
The term Employee shall not include any partner, officer or employee of a | ||||||
transfer agent, shareholder accounting recordkeeper or administrator: | ||||||
a. | which is not an "affiliated person" (as defined in Section 2(a) of the | |||||
Investment Company Act of 1940) of an Investment Company or of | ||||||
the investment advisor or underwriter (distributor) of such Investment | ||||||
Company, or | ||||||
b. | which is a "bank" (as defined in Section 2(a) of the Investment | |||||
Company Act of 1940). | ||||||
This Bond does not afford coverage in favor of the employers of | ||||||
persons as set forth in e. (4), (5) and (8) above, and upon payment to | ||||||
the ASSURED by the COMPANY resulting directly from 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 ASSURED'S 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 | ||||||
ASSURED to the COMPANY, and the ASSURED shall execute all | ||||||
papers necessary to secure to the COMPANY the rights provided for | ||||||
herein. | ||||||
Each employer of persons as set forth in e.(4), (5) and (8) above and the | ||||||
partners, officers and other employees of such employers shall collectively | ||||||
be deemed to be one person for all the purposes of this Bond; excepting, | ||||||
however, the fifth paragraph of Section 13. | ||||||
Independent contractors not specified in e.(4), (5) or (8) above, | ||||||
intermediaries, agents, brokers or other representatives of the same general | ||||||
character shall not be considered Employees. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 9 of 19 |
Conditions And | ||||
Limitations | ||||
Definitions | f. | Forgery means the signing of the name of another natural person with the | ||
(continued) | intent to deceive but does not mean a signature which consists in whole or in | |||
part of one's own name, with or without authority, in any capacity for any | ||||
purpose. | ||||
g. | Investment Company means any investment company registered under the | |||
Investment Company Act of 1940 and listed under the NAME OF ASSURED | ||||
on the DECLARATIONS. | ||||
h. | Items of Deposit means one or more checks or drafts drawn upon a | |||
financial institution in the United States of America. | ||||
i. | Larceny or Embezzlement means larceny or embezzlement as defined in | |||
Section 37 of the Investment Company Act of 1940. | ||||
j. | Property means money, revenue and other stamps; securities; including any | |||
note, stock, treasury stock, bond, debenture, evidence of indebtedness, | ||||
certificate of deposit, certificate of interest or participation in any profit- | ||||
sharing agreement, collateral trust certificate, preorganization certificate or | ||||
subscription, transferable share, investment contract, voting trust certificate, | ||||
certificate of deposit for a security, fractional undivided interest in oil, gas, or | ||||
other mineral rights, any interest or instruments commonly known as a | ||||
security under the Investment Company Act of 1940, any other certificate of | ||||
interest or participation in, temporary or interim certificate for, receipt for, | ||||
guarantee of, or warrant or right to subscribe to or purchase any of the | ||||
foregoing; bills of exchange; acceptances; checks; withdrawal orders; money | ||||
orders; travelers' letters of credit; bills of lading; abstracts of title; insurance | ||||
policies, deeds, mortgages on real estate and/or upon chattels and interests | ||||
therein; assignments of such policies, deeds or mortgages; other valuable | ||||
papers, including books of accounts and other records used by the | ||||
ASSURED in the conduct of its business (but excluding all electronic data | ||||
processing records); and, all other instruments similar to or in the nature of | ||||
the foregoing in which the ASSURED acquired an interest at the time of the | ||||
ASSURED'S consolidation or merger with, or purchase of the principal | ||||
assets of, a predecessor or which are held by the ASSURED for any | ||||
purpose or in any capacity and whether so held gratuitously or not and | ||||
whether or not the ASSURED is liable therefor. | ||||
k. | Relative means the spouse of an Employee or partner of the ASSURED | |||
and any unmarried child supported wholly by, or living in the home of, such | ||||
Employee or partner and being related to them by blood, marriage or legal | ||||
guardianship. | ||||
l. | Securities, documents or other written instruments means original | |||
(including original counterparts) negotiable or non-negotiable instruments, or | ||||
assignments thereof, which in and of themselves represent an equitable | ||||
interest, ownership, or debt and which are in the ordinary course of business | ||||
transferable by delivery of such instruments with any necessary | ||||
endorsements or assignments. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 10 of 19 |
Conditions And | ||||||
Limitations | ||||||
Definitions | m. | Subsidiary means any organization that, at the inception date of this Bond, | ||||
(continued) | is named in the APPLICATION or is created during the BOND PERIOD and | |||||
of which more than fifty percent (50%) of the outstanding securities or voting | ||||||
rights representing the present right to vote for election of directors is owned | ||||||
or controlled by the ASSURED either directly or through one or more of its | ||||||
subsidiaries. | ||||||
n. | Transportation Company means any organization which provides its own | |||||
or its leased vehicles for transportation or which provides freight forwarding | ||||||
or air express services. | ||||||
o. | Voice Initiated Election means any election concerning dividend options | |||||
available to Investment Company shareholders or subscribers which is | ||||||
requested by voice over the telephone. | ||||||
p. | Voice Initiated Redemption means any redemption of shares issued by an | |||||
Investment Company which is requested by voice over the telephone. | ||||||
q. | Voice Initiated Funds Transfer Instruction means any Voice Initiated | |||||
Redemption or Voice Initiated Election. | ||||||
For the purposes of these definitions, the singular includes the plural and the | ||||||
plural includes the singular, unless otherwise indicated. | ||||||
General Exclusions - | 2. | This bond does not directly or indirectly cover: | ||||
Applicable to All Insuring | a. | loss not reported to the COMPANY in writing within sixty (60) days after | ||||
Clauses | termination of this Bond as an entirety; | |||||
b. | loss due to riot or civil commotion outside the United States of America and | |||||
Canada, or any loss due to military, naval or usurped power, war or | ||||||
insurrection. This Section 2.b., however, shall not apply to loss which occurs | ||||||
in transit in the circumstances recited in INSURING CLAUSE 3., provided | ||||||
that when such transit was initiated there was no knowledge on the part of | ||||||
any person acting for the ASSURED of such riot, civil commotion, military, | ||||||
naval or usurped power, war or insurrection; | ||||||
c. | loss resulting from the effects of nuclear fission or fusion or radioactivity; | |||||
d. | loss of potential income including, but not limited to, interest and dividends | |||||
not realized by the ASSURED or by any customer of the ASSURED; | ||||||
e. | damages of any type for which the ASSURED is legally liable, except | |||||
compensatory damages, but not multiples thereof, arising from a loss | ||||||
covered under this Bond; | ||||||
f. | costs, fees and expenses incurred by the ASSURED in establishing the | |||||
existence of or amount of loss under this Bond, except to the extent covered | ||||||
under INSURING CLAUSE 11.; | ||||||
g. | loss resulting from indirect or consequential loss of any nature; |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 11 of 19 |
Conditions And | ||||||||||
Limitations | ||||||||||
General Exclusions - | h. | loss resulting from dishonest acts by any member of the Board of Directors | ||||||||
Applicable to All Insuring | or Board of Trustees of the ASSURED who is not an Employee, acting | |||||||||
Clauses | alone or in collusion with others; | |||||||||
(continued) | i. | loss, or that part of any loss, resulting solely from any violation by the | ||||||||
ASSURED or by any Employee: | ||||||||||
(1) | of any law regulating: | |||||||||
a. | the issuance, purchase or sale of securities, | |||||||||
b. | securities transactions on security or commodity exchanges or | |||||||||
the over the counter market, | ||||||||||
c. | investment companies, | |||||||||
d. | investment advisors, or | |||||||||
(2) | of any rule or regulation made pursuant to any such law; or | |||||||||
j. | loss of confidential information, material or data; | |||||||||
k. | loss resulting from voice requests or instructions received over the | |||||||||
telephone, provided however, this Section 2.k. shall not apply to INSURING | ||||||||||
CLAUSE 7. or 9. | ||||||||||
Specific Exclusions - | 3. | This Bond does not directly or indirectly cover: | ||||||||
Applicable To All Insuring | a. | loss caused by an Employee, provided, however, this Section 3.a. shall not | ||||||||
Clauses Except Insuring | apply to loss covered under INSURING CLAUSE 2. or 3. which results | |||||||||
Clause 1. | directly from misplacement, mysterious unexplainable disappearance, or | |||||||||
damage or destruction of Property; | ||||||||||
b. | loss through the surrender of property away from premises of the ASSURED | |||||||||
as a result of a threat: | ||||||||||
(1) | to do bodily harm to any natural person, except loss of Property in | |||||||||
transit in the custody of any person acting as messenger of the | ||||||||||
ASSURED, provided that when such transit was initiated there was no | ||||||||||
knowledge by the ASSURED of any such threat, and provided further | ||||||||||
that this Section 3.b. shall not apply to INSURING CLAUSE 7., or | ||||||||||
(2) | to do damage to the premises or Property of the ASSURED; | |||||||||
c. | loss resulting from payments made or withdrawals from any account | |||||||||
involving erroneous credits to such account; | ||||||||||
d. | loss involving Items of Deposit which are not finally paid for any reason | |||||||||
provided however, that this Section 3.d. shall not apply to INSURING | ||||||||||
CLAUSE 10.; | ||||||||||
e. | loss of property while in the mail; |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 12 of 19 |
Conditions And | ||||||||||||||
Limitations | ||||||||||||||
Specific Exclusions - | f. | loss resulting from the failure for any reason of a financial or depository | ||||||||||||
Applicable To All Insuring | institution, its receiver or other liquidator to pay or deliver funds or other | |||||||||||||
Clauses Except Insuring | Property to the ASSURED provided further that this Section 3.f. shall not | |||||||||||||
Clause 1. | apply to loss of Property resulting directly from robbery, burglary, | |||||||||||||
(continued) | misplacement, | mysterious | unexplainable | disappearance, | damage, | |||||||||
destruction or removal from the possession, custody or control of the | ||||||||||||||
ASSURED. | ||||||||||||||
g. | loss of Property while in the custody of a Transportation Company, | |||||||||||||
provided however, that this Section 3.g. shall not apply to INSURING | ||||||||||||||
CLAUSE 3.; | ||||||||||||||
h. | loss resulting from entries or changes made by a natural person with | |||||||||||||
authorized access to a Computer System who acts in good faith on | ||||||||||||||
instructions, unless such instructions are given to that person by a software | ||||||||||||||
contractor or its partner, officer, or employee authorized by the ASSURED to | ||||||||||||||
design, develop, prepare, supply, service, write or implement programs for | ||||||||||||||
the ASSURED's Computer System; or | ||||||||||||||
i. | loss resulting directly or indirectly from the input of data into a Computer | |||||||||||||
System terminal, either on the premises of the customer of the ASSURED | ||||||||||||||
or under the control of such a customer, by a customer or other person who | ||||||||||||||
had authorized access to the customer's authentication mechanism. | ||||||||||||||
Specific Exclusions - | 4. | This bond does not directly or indirectly cover: | ||||||||||||
Applicable To All Insuring | a. | loss resulting from the complete or partial non-payment of or default on any | ||||||||||||
Clauses Except Insuring | loan whether such loan was procured in good faith or through trick, artifice, | |||||||||||||
Clauses 1., 4., And 5. | fraud or false pretenses; provided, however, this Section 4.a. shall not apply | |||||||||||||
to INSURING CLAUSE 8.; | ||||||||||||||
b. | loss resulting from forgery or any alteration; | |||||||||||||
c. | loss involving a counterfeit provided, however, this Section 4.c. shall not | |||||||||||||
apply to INSURING CLAUSE 5. or 6. | ||||||||||||||
Limit Of Liability/Non- | 5. | At all times prior to termination of this Bond, this Bond shall continue in force for | ||||||||||||
Reduction And Non- | the limit stated in the applicable sections of ITEM 2. of the DECLARATIONS, | |||||||||||||
Accumulation Of Liability | notwithstanding any previous loss for which the COMPANY may have paid or be | |||||||||||||
liable to pay under this Bond provided, however, that the liability of the COMPANY | ||||||||||||||
under this Bond with respect to all loss resulting from: | ||||||||||||||
a. | any one act of burglary, robbery or hold-up, or attempt thereat, in which no | |||||||||||||
Employee is concerned or implicated, or | ||||||||||||||
b. | any one unintentional or negligent act on the part of any one person | |||||||||||||
resulting in damage to or destruction or misplacement of Property, or | ||||||||||||||
c. | all acts, other than those specified in a. above, of any one person, or |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 13 of 19 |
Conditions And | ||||||
Limitations | ||||||
Limit Of Liability/Non- | d. | any one casualty or event other than those specified in a., b., or c. above, | ||||
Reduction And Non- | shall be deemed to be one loss and shall be limited to the applicable LIMIT OF | |||||
Accumulation Of Liability | LIABILITY stated in ITEM 2. of the DECLARATIONS of this Bond irrespective of | |||||
(continued) | the total amount of such loss or losses and shall not be cumulative in amounts | |||||
from year to year or from period to period. | ||||||
All acts, as specified in c. above, of any one person which | ||||||
i. | directly or indirectly aid in any way wrongful acts of any other person or | |||||
persons, or | ||||||
ii. | permit the continuation of wrongful acts of any other person or persons | |||||
whether such acts are committed with or without the knowledge of the wrongful | ||||||
acts of the person so aided, and whether such acts are committed with or without | ||||||
the intent to aid such other person, shall be deemed to be one loss with the | ||||||
wrongful acts of all persons so aided. | ||||||
Discovery | 6. | This Bond applies only to loss first discovered by an officer of the ASSURED | ||||
during the BOND PERIOD. Discovery occurs at the earlier of an officer of the | ||||||
ASSURED being aware of: | ||||||
a. | facts which may subsequently result in a loss of a type covered by this Bond, | |||||
or | ||||||
b. | an actual or potential claim in which it is alleged that the ASSURED is liable | |||||
to a third party, | ||||||
regardless of when the act or acts causing or contributing to such loss occurred, | ||||||
even though the amount of loss does not exceed the applicable DEDUCTIBLE | ||||||
AMOUNT, or the exact amount or details of loss may not then be known. | ||||||
Notice To Company - | 7. | a. | The ASSURED shall give the COMPANY notice thereof at the earliest | |||
Proof - Legal Proceedings | practicable moment, not to exceed sixty (60) days after discovery of loss, in | |||||
Against Company | an amount that is in excess of 50% of the applicable DEDUCTIBLE | |||||
AMOUNT, as stated in ITEM 2. of the DECLARATIONS. | ||||||
b. | The ASSURED shall furnish to the COMPANY proof of loss, duly sworn to, | |||||
with full particulars within six (6) months after such discovery. | ||||||
c. | Securities listed in a proof of loss shall be identified by certificate or bond | |||||
numbers, if issued with them. | ||||||
d. | Legal proceedings for the recovery of any loss under this Bond shall not be | |||||
brought prior to the expiration of sixty (60) days after the proof of loss is filed | ||||||
with the COMPANY or after the expiration of twenty-four (24) months from | ||||||
the discovery of such loss. | ||||||
e. | This Bond affords coverage only in favor of the ASSURED. No claim, suit, | |||||
action or legal proceedings shall be brought under this Bond by anyone | ||||||
other than the ASSURED. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 14 of 19 |
Conditions And | ||||||
Limitations | ||||||
Notice To Company - | f. | Proof of loss involving Voice Initiated Funds Transfer Instruction shall | ||||
Proof - Legal Proceedings | include electronic recordings of such instructions. | |||||
Against Company | ||||||
(continued) | ||||||
Deductible Amount | 8. | The COMPANY shall not be liable under any INSURING CLAUSES of this Bond | ||||
on account of loss unless the amount of such loss, after deducting the net amount | ||||||
of all reimbursement and/or recovery obtained or made by the ASSURED, other | ||||||
than from any Bond or policy of insurance issued by an insurance company and | ||||||
covering such loss, or by the COMPANY on account thereof prior to payment by | ||||||
the COMPANY of such loss, shall exceed the DEDUCTIBLE AMOUNT set forth in | ||||||
ITEM 3. of the DECLARATIONS, and then for such excess only, but in no event | ||||||
for more than the applicable LIMITS OF LIABILITY stated in ITEM 2. of the | ||||||
DECLARATIONS. | ||||||
There shall be no deductible applicable to any loss under INSURING CLAUSE 1. | ||||||
sustained by any Investment Company. | ||||||
Valuation | 9. | BOOKS OF ACCOUNT OR OTHER RECORDS | ||||
The value of any loss of Property consisting of books of account or other records | ||||||
used by the ASSURED in the conduct of its business shall be the amount paid by | ||||||
the ASSURED for blank books, blank pages, or other materials which replace the | ||||||
lost books of account or other records, plus the cost of labor paid by the | ||||||
ASSURED for the actual transcription or copying of data to reproduce such books | ||||||
of account or other records. | ||||||
The value of any loss of Property other than books of account or other records | ||||||
used by the ASSURED in the conduct of its business, for which a claim is made | ||||||
shall be determined by the average market value of such Property on the | ||||||
business day immediately preceding discovery of such loss provided, however, | ||||||
that the value of any Property replaced by the ASSURED with the consent of the | ||||||
COMPANY and prior to the settlement of any claim for such Property shall be the | ||||||
actual market value at the time of replacement. | ||||||
In the case of a loss of interim certificates, warrants, rights or other securities, the | ||||||
production of which is necessary to the exercise of subscription, conversion, | ||||||
redemption or deposit privileges, the value of them shall be the market value of | ||||||
such privileges immediately preceding their expiration if said loss 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. | ||||||
OTHER PROPERTY | ||||||
The value of any loss of Property, other than as stated above, shall be the actual | ||||||
cash value or the cost of repairing or replacing such Property with Property of | ||||||
like quality and value, whichever is less. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 15 of 19 |
Conditions And | ||||||
Limitations | ||||||
(continued) | ||||||
Securities Settlement | 10. | In the event of a loss of securities covered under this Bond, the COMPANY may, | ||||
at its sole discretion, purchase replacement securities, tender the value of the | ||||||
securities in money, or issue its indemnity to effect replacement securities. | ||||||
The indemnity required from the ASSURED under the terms of this Section | ||||||
against all loss, cost or expense arising from the replacement of securities by the | ||||||
COMPANY'S indemnity shall be: | ||||||
a. | for securities having a value less than or equal to the applicable | |||||
DEDUCTIBLE AMOUNT - one hundred (100%) percent; | ||||||
b. | for securities having a value in excess of the DEDUCTIBLE AMOUNT but | |||||
within the applicable LIMIT OF LIABILITY - the percentage that the | ||||||
DEDUCTIBLE AMOUNT bears to the value of the securities; | ||||||
c. | for securities having a value greater than the applicable LIMIT OF LIABILITY | |||||
- the percentage that the DEDUCTIBLE AMOUNT and portion in excess of | ||||||
the applicable LIMIT OF LIABILITY bears to the value of the securities. | ||||||
The value referred to in Section 10.a., b., and c. is the value in accordance with | ||||||
Section 9, VALUATION, regardless of the value of such securities at the time the | ||||||
loss under the COMPANY'S indemnity is sustained. | ||||||
The COMPANY is not required to issue its indemnity for any portion of a loss of | ||||||
securities which is not covered by this Bond; however, the COMPANY may do so | ||||||
as a courtesy to the ASSURED and at its sole discretion. | ||||||
The ASSURED shall pay the proportion of the Company's premium charge for the | ||||||
Company's indemnity as set forth in Section 10.a., b., and c. No portion of the | ||||||
LIMIT OF LIABILITY shall be used as payment of premium for any indemnity | ||||||
purchased by the ASSURED to obtain replacement securities. | ||||||
Subrogation - Assignment - 11. | In the event of a payment under this Bond, the COMPANY shall be subrogated to | |||||
Recovery | all of the ASSURED'S rights of recovery against any person or entity to the extent | |||||
of such payment. On request, the ASSURED shall deliver to the COMPANY an | ||||||
assignment of the ASSURED'S rights, title and interest and causes of action | ||||||
against any person or entity to the extent of such payment. | ||||||
Recoveries, whether effected by the COMPANY or by the ASSURED, shall be | ||||||
applied net of the expense of such recovery in the following order: | ||||||
a. | first, to the satisfaction of the ASSURED'S loss which would otherwise have | |||||
been paid but for the fact that it is in excess of the applicable LIMIT OF | ||||||
LIABILITY, | ||||||
b. | second, to the COMPANY in satisfaction of amounts paid in settlement of | |||||
the ASSURED'S claim, | ||||||
c. | third, to the ASSURED in satisfaction of the applicable DEDUCTIBLE | |||||
AMOUNT, and |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 16 of 19 |
Conditions And | ||||||
Limitations | ||||||
Subrogation - Assignment - | d. | fourth, to the ASSURED in satisfaction of any loss suffered by the | ||||
Recovery | ASSURED which was not covered under this Bond. | |||||
(continued) | Recovery from reinsurance or indemnity of the COMPANY shall not be deemed a | |||||
recovery under this section. | ||||||
Cooperation Of Assured | 12. | At the COMPANY'S request and at reasonable times and places designated by | ||||
the COMPANY, the ASSURED shall: | ||||||
a. | submit to examination by the COMPANY and subscribe to the same under | |||||
oath, | ||||||
b. | produce for the COMPANY'S examination all pertinent records, and | |||||
c. | cooperate with the COMPANY in all matters pertaining to the loss. | |||||
The ASSURED shall execute all papers and render assistance to secure to the | ||||||
COMPANY the rights and causes of action provided for under this Bond. The | ||||||
ASSURED shall do nothing after loss to prejudice such rights or causes of action. | ||||||
Termination | 13. | If the Bond is for a sole ASSURED, it shall not be terminated unless written notice | ||||
shall have been given by the acting party to the affected party and to the | ||||||
Securities and Exchange Commission, Washington, D.C., not less than sixty (60) | ||||||
days prior to the effective date of such termination. | ||||||
If the Bond is for a joint ASSURED, it shall not be terminated unless written notice | ||||||
shall have been given by the acting party to the affected party, and by the | ||||||
COMPANY to all ASSURED Investment Companies and to the Securities and | ||||||
Exchange Commission, Washington, D.C., not less than sixty (60) days prior to | ||||||
the effective date of such termination. | ||||||
This Bond will terminate as to any one ASSURED, other than an Investment | ||||||
Company: | ||||||
a. | immediately on the taking over of such ASSURED by a receiver or other | |||||
liquidator or by State or Federal officials, or | ||||||
b. | immediately on the filing of a petition under any State or Federal statute | |||||
relative to bankruptcy or reorganization of the ASSURED, or assignment for | ||||||
the benefit of creditors of the ASSURED, or | ||||||
c. | immediately upon such ASSURED ceasing to exist, whether through merger | |||||
into another entity, disposition of all of its assets or otherwise. | ||||||
The COMPANY shall refund the unearned premium computed at short rates in | ||||||
accordance with the standard short rate cancellation tables if terminated by the | ||||||
ASSURED or pro rata if terminated for any other reason. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 17 of 19 |
Conditions And | ||||||
Limitations | ||||||
Termination | If any partner, director, trustee, or officer or supervisory employee of an | |||||
(continued) | ASSURED not acting in collusion with an Employee learns of any dishonest act | |||||
committed by such Employee at any time, whether in the employment of the | ||||||
ASSURED or otherwise, whether or not such act is of the type covered under this | ||||||
Bond, and whether against the ASSURED or any other person or entity, the | ||||||
ASSURED: | ||||||
a. | shall immediately remove such Employee from a position that would enable | |||||
such Employee to cause the ASSURED to suffer a loss covered by this | ||||||
Bond; and | ||||||
b. | within forty-eight (48) hours of learning that an Employee has committed | |||||
any dishonest act, shall notify the COMPANY, of such action and provide full | ||||||
particulars of such dishonest act. | ||||||
The COMPANY may terminate coverage as respects any Employee sixty (60) | ||||||
days after written notice is received by each ASSURED Investment Company | ||||||
and the Securities and Exchange Commission, Washington, D.C. of its desire to | ||||||
terminate this Bond as to such Employee. | ||||||
Other Insurance | 14. | Coverage under this Bond shall apply only as excess over any valid and collectible | ||||
insurance, indemnity or suretyship obtained by or on behalf of: | ||||||
a. | the ASSURED, | |||||
b. | a Transportation Company, or | |||||
c. | another entity on whose premises the loss occurred or which employed the | |||||
person causing the loss or engaged the messenger conveying the Property | ||||||
involved. | ||||||
Conformity | 15. | If any limitation within this Bond is prohibited by any law controlling this Bond's | ||||
construction, such limitation shall be deemed to be amended so as to equal the | ||||||
minimum period of limitation provided by such law. | ||||||
Change or Modification | 16. | This Bond or any instrument amending or affecting this Bond may not be changed | ||||
or modified orally. No change in or modification of this Bond shall be effective | ||||||
except when made by written endorsement to this Bond signed by an authorized | ||||||
representative of the COMPANY. | ||||||
If this Bond is for a sole ASSURED, no change or modification which would | ||||||
adversely affect the rights of the ASSURED shall be effective prior to sixty (60) | ||||||
days after written notice has been furnished to the Securities and Exchange | ||||||
Commission, Washington, D.C., by the acting party. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 18 of 19 |
Conditions And | ||
Limitations | ||
Change or Modification | If this Bond is for a joint ASSURED, no charge or modification which would | |
(continued) | adversely affect the rights of the ASSURED shall be effective prior to sixty (60) | |
days after written notice has been furnished to all insured Investment Companies | ||
and to the Securities and Exchange Commission, Washington, D.C., by the | ||
COMPANY. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 19 of 19 |
Effective date of | ||||
this endorsement: April 1, 2008 | VIGILANT INSURANCE COMPANY | |||
Endorsement No.: 1 | ||||
To be attached to and form a part of Bond | ||||
Number: | 81392053 | |||
Issued to: CENTRAL SECURITIES CORPORATION | ||||
COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS RIDER | ||||
It is agreed that this insurance does not apply to the extent that trade or economic sanctions or other | ||||
laws or regulations prohibit the coverage provided by this insurance. | ||||
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED. |
Date: April 15, 2008 |
Form 14-02-9228 (Ed. 4/2004)
ENDORSEMENT/RIDER | ||||||
Effective date of | ||||||
this endorsement/rider: April 1, 2008 | VIGILANT INSURANCE COMPANY | |||||
Endorsement/Rider No. | 2 | |||||
To be attached to and | ||||||
form a part of Bond No. | 81392053 | |||||
Issued to: CENTRAL SECURITIES CORPORATION | ||||||
DELETING VALUATION-OTHER PROPERTY AND AMENDING CHANGE OR MODIFICATION | ||||||
ENDORSEMENT | ||||||
In consideration of the premium charged, it is agreed that this Bond is amended as follows: | ||||||
1. | The paragraph titled Other Property in Section 9, Valuation, is deleted in its entirety. | |||||
2. | The third paragraph in Section 16, Change or Modification, is deleted in its entirety and replaced | |||||
with the following: | ||||||
If this Bond is for a joint ASSURED, no change or modification which would adversely affect the | ||||||
rights of the ASSURED shall be effective prior to sixty (60) days after written notice has been | ||||||
furnished to all insured Investment Companies and the Securities and Exchange Commission, | ||||||
Washington, D.C., by the COMPANY. | ||||||
The title and any headings in this endorsement/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. |
17-02-2437 (12/2006) rev.
Page 1 |
VIGILANT INSURANCE COMPANY | ||||||
Endorsement No.: 3 | ||||||
Bond Number: | 81392053 | |||||
NAME OF ASSURED: CENTRAL SECURITIES CORPORATION | ||||||
NEW YORK AMENDATORY ENDORSEMENT | ||||||
It is agreed that this Bond is amended as follows: | ||||||
1. | By adding to Section 13, Termination, the following: | |||||
Bonds In Effect Sixty (60) Days Or Less | ||||||
If this Bond has been in effect for less than sixty (60) days and if it is not a renewal Bond, the COMPANY | ||||||
may terminate it for any reason by mailing or delivering to the ASSURED and to the authorized agent or | ||||||
broker, if any, written notice of termination at least sixty (60) days before the effective date of | ||||||
termination. | ||||||
Bonds In Effect More Than Sixty (60) Days | ||||||
If this Bond has been in effect for sixty (60) days or more, or if it is a renewal of a Bond issued by the | ||||||
COMPANY, it may be terminated by the COMPANY by mailing or delivering to the ASSURED and to | ||||||
the authorized agent or broker, if any, written notice of termination at least sixty (60) days before the | ||||||
effective date of termination. Furthermore, when the Bond is a renewal or has been in effect for sixty | ||||||
(60) days or more, the COMPANY may terminate only for one or more of the reasons stated in 1-7 | ||||||
below. | ||||||
1. | Nonpayment of premium; | |||||
2. | Conviction of a crime arising out of acts increasing the hazard insured against ; | |||||
3. | Discovery of fraud or material misrepresentation in the obtaining of this Bond or in the presentation | |||||
of a claim thereunder; | ||||||
4. | Violation of any provision of this Bond that substantially and materially increases the hazard | |||||
insured against, and which occurred subsequent to inception of the current BOND PERIOD; | ||||||
5. | If applicable, material physical change in the property insured, occurring after issuance or last | |||||
annual renewal anniversary date of this Bond, which results in the property becoming uninsurable | ||||||
in accordance with the COMPANY's objective, uniformly applied underwriting standards in effect at | ||||||
the time this Bond was issued or last renewed; or material change in the nature or extent of this | ||||||
Bond occurring after issuance or last annual renewal anniversary date of this Bond, which causes | ||||||
the risk of loss to be substantially and materially increased beyond that contemplated at the time | ||||||
this Bond was issued or last renewed; |
ICAP Bond - New York | |
Form 17-02-2863 (Rev. 7-03) | Page 1 |
6. | A determination by the Superintendent of Insurance that continuation of the present premium | |||||
volume of the COMPANY would jeopardize the COMPANY's policyholders, creditors or the public, | ||||||
or continuing the Bond itself would place the COMPANY in violation of any provision of the New | ||||||
York Insurance Code; or | ||||||
7. | Where the COMPANY has reason to believe, in good faith and with sufficient cause, that there is a | |||||
probable risk or danger that the Property will be destroyed by the ASSURED for the purpose of | ||||||
collecting the insurance proceeds. | ||||||
Notice Of Termination | ||||||
Notice of termination under this SECTION shall be mailed to the ASSURED and to the authorized agent | ||||||
or broker, if any, at the address shown on the DECLARATIONS of this Bond. The COMPANY, however, | ||||||
may deliver any notice instead of mailing it. | ||||||
Return Premium Calculations | ||||||
The COMPANY shall refund the unearned premium computed pro rata if this Bond is terminated by the | ||||||
COMPANY." | ||||||
2. | By adding a new Section reading as follows: | |||||
"Section 17. Election To Conditionally Renew / Nonrenew This Bond | ||||||
Conditional Renewal | ||||||
If the COMPANY conditionally renews this Bond subject to: | ||||||
1. | Change of limits of liability ; | |||||
2. | Change in type of coverage; | |||||
3. | Reduction of coverage; | |||||
4. | Increased deductible; | |||||
5. | Addition of exclusion; or | |||||
6. | Increased premiums in excess of 10%, exclusive of any premium increase due to and | |||||
commensurate with insured value added; or as a result of experience rating, retrospective rating or | ||||||
audit; the COMPANY shall send notice as provided in Notices Of Nonrenewal And Conditional | ||||||
Renewal immediately below. | ||||||
Notices Of Nonrenewal And Conditional Renewal | ||||||
1. | If the COMPANY elects not to renew this Bond, or to conditionally renew this Bond as provided | |||||
herein, the COMPANY shall mail or deliver written notice to the ASSURED at least sixty (60) but | ||||||
not more than one hundred twenty (120) days before: | ||||||
a. | The expiration date; or | |||||
b. | The anniversary date if this Bond has been written for a term of more than one year. |
ICAP Bond - New York | |
Form 17-02-2863 (Rev. 7-03) | Page 2 |
2. | Notice shall be mailed or delivered to the ASSURED at the address shown on the | |||
DECLARATIONS of this Bond and the authorized agent or broker, if any. If notice is mailed, proof | ||||
of mailing shall be sufficient proof of notice. | ||||
3. | Paragraphs 1. and 2. immediately above shall not apply when the ASSURED, authorized agent or | |||
broker, or another insurer has mailed or delivered written notice to the COMPANY that the Bond | ||||
has been replaced or is no longer desired. | ||||
3. | By adding to General Agreement B., Representations Made By Assured, the following: | |||
No misrepresentation shall be deemed material unless knowledge by the COMPANY would have lead to | ||||
the COMPANY'S refusal to write this Bond. | ||||
This Endorsement applies to loss discovered after 12:01 a.m. on April 1, 2008. | ||||
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED. |
Date: April 15, 2008 |
ICAP Bond - New York | |
Form 17-02-2863 (Rev. 7-03) | Page 3 |
POLICYHOLDER |
DISCLOSURE NOTICE OF |
TERRORISM INSURANCE COVERAGE |
(for policies with no terrorism exclusion or sublimit) |
You are hereby notified that, under the Terrorism Risk Insurance Act (the Act), effective |
December 26, 2007, this policy makes available to you insurance for losses arising out of |
certain acts of terrorism. Terrorism is defined as any act certified by the Secretary of the |
Treasury, in concurrence with the Secretary of State and the Attorney General of the |
United States, to be an act of terrorism; to be a violent act or an act that is dangerous to |
human life, property or infrastructure; to have resulted in damage within the United |
States, or outside the United States in the case of an air carrier or vessel or the premises |
of a United States Mission; and to have been committed by an individual or individuals as |
part of an effort to coerce the civilian population of the United States or to influence the |
policy or affect the conduct of the United States Government by coercion. |
You should know that the insurance provided by your policy for losses caused by acts of |
terrorism is partially reimbursed by the United States under the formula set forth in the |
Act. Under this formula, the United States pays 85% of covered terrorism losses that |
exceed the statutorily established deductible to be paid by the insurance company |
providing the coverage. |
However, if aggregate insured losses attributable to terrorist acts certified under the Act |
exceed $100 billion in a Program Year (January 1 through December 31), the Treasury |
shall not make any payment for any portion of the amount of such losses that exceeds |
$100 billion. |
10-02-1281 (Ed. 1/2003)
If aggregate insured losses attributable to terrorist acts certified under the Act exceed |
$100 billion in a Program Year (January 1 through December 31) and we have met our |
insurer deductible under the Act, we shall not be liable for the payment of any portion of |
the amount of such losses that exceeds $100 billion, and in such case insured losses up |
to that amount are subject to pro rata allocation in accordance with procedures |
established by the Secretary of the Treasury. |
The portion of your policys annual premium that is attributable to insurance for such acts |
of terrorism is: $ -0-. |
If you have any questions about this notice, please contact your agent or broker. |
10-02-1281 (Ed. 1/2003)
Important Notice: |
The SEC Requires Proof of Your Fidelity Insurance Policy |
Your company is now required to file an electronic copy of your fidelity insurance coverage |
(Chubbs ICAP Bond policy) to the Securities and Exchange Commission (SEC), according to |
rules adopted by the SEC on June 12, 2006. |
Chubb is in the process of providing your agent/broker with an electronic copy of your |
insurance policy as well as instructions on how to submit this proof of fidelity insurance |
coverage to the SEC. You can expect to receive this information from your agent/broker |
shortly. |
The electronic copy of your policy is provided by Chubb solely as a convenience and does not |
affect the terms and conditions of coverage as set forth in the paper policy you receive by mail. |
The terms and conditions of the policy mailed to you, which are the same as those set forth in |
the electronic copy, constitute the entire agreement between your company and Chubb. |
If you have any questions, please contact your agent or broker. |
Form 14-02-12160 (ed. 7/2006)
IMPORTANT NOTICE TO POLICYHOLDERS |
All of the members of the Chubb Group of Insurance companies doing business in the United |
States (hereinafter Chubb) distribute their products through licensed insurance brokers and agents |
(producers). Detailed information regarding the types of compensation paid by Chubb to producers on |
US insurance transactions is available under the Producer Compensation link located at the bottom of the |
page at www.chubb.com, or by calling 1-866-588-9478. Additional information may be available from your |
producer. |
Thank you for choosing Chubb. |
10-02-1295 (ed. 5/2007)