Chubb Group of Insurance Companies
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DECLARATIONS
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FINANCIAL INSTITUTION INVESTMENT
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15 Mountain View Road, Warren, New Jersey 07059
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COMPANY ASSET PROTECTION BOND
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NAME OF ASSURED (including its Subsidiaries):
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Bond Number: 82364021
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WHITEHORSE FINANCE, INC.
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FEDERAL INSURANCE COMPANY
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1450 Brickell Avenue
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Incorporated under the laws of Indiana
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MIAMI, FL 33131
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a stock insurance company herein called the COMPANY
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Capital Center, 251 North Illinois, Suite 1100
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Indianapolis, IN 46204-1927
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ITEM 1.
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BOND PERIOD:
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from
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12:01 a.m. on
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December 5, 2012
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to
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12:01 a.m. on
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December 5, 2013
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ITEM 2.
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LIMITS OF LIABILITY--DEDUCTIBLE AMOUNTS:
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If “Not Covered” is inserted below opposite any specified INSURING CLAUSE, such INSURING CLAUSE
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and any other reference shall be deemed to be deleted. There shall be no deductible applicable to any
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loss under INSURING CLAUSE 1. sustained by any Investment Company.
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DEDUCTIBLE
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INSURING CLAUSE
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LIMIT OF LIABILITY
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AMOUNT
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1.
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Employee
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$
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900,000
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$
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10,000
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2.
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On Premises
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$
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900,000
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$
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10,000
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3.
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In Transit
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$
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900,000
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$
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10,000
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4.
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Forgery or Alteration
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$
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900,000
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$
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10,000
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5.
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Extended Forgery
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$
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900,000
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$
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10,000
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6.
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Counterfeit Money
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$
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900,000
|
$
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10,000
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7.
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Threats to Person
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$
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900,000
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$
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10,000
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|||||
8.
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Computer System
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$
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900,000
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$
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10,000
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9.
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Voice Initiated Funds Transfer Instruction
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$
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900,000
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$
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10,000
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10.
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Uncollectible Items of Deposit
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$
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100,000
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$
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10,000
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11.
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Audit Expense
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$
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50,000
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$
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10,000
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12.
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Stop Payment
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$
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100,000
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$
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10,000
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ITEM 3.
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THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING
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ENDORSEMENTS EXECUTED SIMULTANEOUSLY HEREWITH:
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1 - 6
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IN WITNESS WHEREOF, THE COMPANY has caused this Bond to be signed by its authorized officers, but it shall not be
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valid unless also signed by an authorized representative of the Company.
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ICAP Bond (5-98) - Federal
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Form 17-02-1421 (Ed. 5-98)
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Page 1 of 1
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The COMPANY, in consideration of payment of the required premium, and in reliance
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on the APPLICATION and all other statements made and information furnished to the
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COMPANY by the ASSURED, and subject to the DECLARATIONS made a part of this
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Bond and to all other terms and conditions of this Bond, agrees to pay the ASSURED
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for:
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Insuring Clauses
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Employee
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1.
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Loss resulting directly from Larceny or Embezzlement committed by any
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Employee, alone or in collusion with others.
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On Premises
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2.
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Loss of Property resulting directly from robbery, burglary, false pretenses,
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common law or statutory larceny, misplacement, mysterious unexplainable
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disappearance, damage, destruction or removal, from the possession, custody or
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control of the ASSURED, while such Property is lodged or deposited at premises
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located anywhere.
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In Transit
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3.
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Loss of Property resulting directly from common law or statutory larceny,
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misplacement, mysterious unexplainable disappearance, damage or destruction,
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while the Property is in transit anywhere:
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a.
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in an armored motor vehicle, including loading and unloading thereof,
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b.
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in the custody of a natural person acting as a messenger of the ASSURED,
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or
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c.
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in the custody of a Transportation Company and being transported in a
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conveyance other than an armored motor vehicle provided, however, that
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covered Property transported in such manner is limited to the following:
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(1)
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written records,
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(2)
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securities issued in registered form, which are not endorsed or are
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restrictively endorsed, or
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(3)
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negotiable instruments not payable to bearer, which are not endorsed
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or are restrictively endorsed.
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Coverage under this INSURING CLAUSE begins immediately on the receipt of
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such Property by the natural person or Transportation Company and ends
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immediately on delivery to the premises of the addressee or to any representative
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of the addressee located anywhere.
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ICAP Bond (5-98)
|
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Form 17-02-1421 (Ed. 5-98)
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Page 1 of 19
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Insuring Clauses
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(continued)
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Forgery Or Alteration
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4.
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Loss resulting directly from:
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a.
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Forgery on, or fraudulent material alteration of, any bills of exchange,
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checks, drafts, acceptances, certificates of deposits, promissory notes, due
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bills, money orders, orders upon public treasuries, letters of credit, other
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written promises, orders or directions to pay sums certain in money, or
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receipts for the withdrawal of Property, or
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b.
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transferring, paying or delivering any funds or other Property, or establishing
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any credit or giving any value in reliance on any written instructions, advices
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or applications directed to the ASSURED authorizing or acknowledging the
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transfer, payment, delivery or receipt of funds or other Property, which
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instructions, advices or applications fraudulently purport to bear the
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handwritten signature of any customer of the ASSURED, or shareholder or
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subscriber to shares of an Investment Company, or of any financial
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institution or Employee but which instructions, advices or applications either
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bear a Forgery or have been fraudulently materially altered without the
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knowledge and consent of such customer, shareholder, subscriber, financial
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institution or Employee;
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excluding, however, under this INSURING CLAUSE any loss covered under
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INSURING CLAUSE 5. of this Bond, whether or not coverage for INSURING
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CLAUSE 5. is provided for in the DECLARATIONS of this Bond.
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For the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile
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signature is treated the same as a handwritten signature.
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Extended Forgery
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5.
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Loss resulting directly from the ASSURED having, in good faith, and in the
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ordinary course of business, for its own account or the account of others in any
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capacity:
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a.
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acquired, accepted or received, accepted or received, sold or delivered, or
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given value, extended credit or assumed liability, in reliance on any original
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Securities, documents or other written instruments which prove to:
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(1)
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bear a Forgery or a fraudulently material alteration,
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(2)
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have been lost or stolen, or
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(3)
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be Counterfeit, or
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b.
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guaranteed in writing or witnessed any signatures on any transfer,
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assignment, bill of sale, power of attorney, guarantee, endorsement or other
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obligation upon or in connection with any Securities, documents or other
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written instruments.
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Actual physical possession, and continued actual physical possession if taken as
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collateral, of such Securities, documents or other written instruments by an
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Employee, Custodian, or a Federal or State chartered deposit institution of the
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ASSURED is a condition precedent to the ASSURED having relied on such items.
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Release or return of such collateral is an acknowledgment by the ASSURED that it
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no longer relies on such collateral.
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ICAP Bond (5-98)
|
|
Form 17-02-1421 (Ed. 5-98)
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Page 2 of 19
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Insuring Clauses
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Extended Forgery
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For the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile
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(continued)
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signature is treated the same as a handwritten signature.
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Counterfeit Money
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6.
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Loss resulting directly from the receipt by the ASSURED in good faith of any
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Counterfeit money.
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Threats To Person
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7.
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Loss resulting directly from surrender of Property away from an office of the
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ASSURED as a result of a threat communicated to the ASSURED to do bodily
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harm to an Employee as defined in Section 1.e. (1), (2) and (5), a Relative or
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invitee of such Employee, or a resident of the household of such Employee, who
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is, or allegedly is, being held captive provided, however, that prior to the surrender
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of such Property:
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a.
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the Employee who receives the threat has made a reasonable effort to
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notify an officer of the ASSURED who is not involved in such threat, and
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b.
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the ASSURED has made a reasonable effort to notify the Federal Bureau of
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Investigation and local law enforcement authorities concerning such threat.
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It is agreed that for purposes of this INSURING CLAUSE, any Employee of the
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ASSURED, as set forth in the preceding paragraph, shall be deemed to be an
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ASSURED hereunder, but only with respect to the surrender of money, securities
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and other tangible personal property in which such Employee has a legal or
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equitable interest.
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Computer System
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8.
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Loss resulting directly from fraudulent:
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a.
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entries of data into, or
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b.
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changes of data elements or programs within,
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a Computer System, provided the fraudulent entry or change causes:
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(1)
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funds or other property to be transferred, paid or delivered,
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(2)
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an account of the ASSURED or of its customer to be added, deleted,
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debited or credited, or
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(3)
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an unauthorized account or a fictitious account to be debited or
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credited.
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ICAP Bond (5-98)
|
|
Form 17-02-1421 (Ed. 5-98)
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Page 3 of 19
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Insuring Clauses
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(continued)
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Voice Initiated Funds
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9.
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Loss resulting directly from Voice Initiated Funds Transfer Instruction directed
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Transfer Instruction
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to the ASSURED authorizing the transfer of dividends or redemption proceeds of
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Investment Company shares from a Customer's account, provided such Voice
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Initiated Funds Transfer Instruction was:
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a.
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received at the ASSURED'S offices by those Employees of the ASSURED
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specifically authorized to receive the Voice Initiated Funds Transfer
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Instruction,
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b.
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made by a person purporting to be a Customer, and
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c.
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made by said person for the purpose of causing the ASSURED or Customer
|
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to sustain a loss or making an improper personal financial gain for such
|
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person or any other person.
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In order for coverage to apply under this INSURING CLAUSE, all Voice Initiated
|
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Funds Transfer Instructions must be received and processed in accordance with
|
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the Designated Procedures outlined in the APPLICATION furnished to the
|
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COMPANY.
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Uncollectible Items of
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10.
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Loss resulting directly from the ASSURED having credited an account of a
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Deposit
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customer, shareholder or subscriber on the faith of any Items of Deposit which
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prove to be uncollectible, provided that the crediting of such account causes:
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a.
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redemptions or withdrawals to be permitted,
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b.
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shares to be issued, or
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c.
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dividends to be paid,
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from an account of an Investment Company.
|
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In order for coverage to apply under this INSURING CLAUSE, the ASSURED
|
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must hold Items of Deposit for the minimum number of days stated in the
|
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APPLICATION before permitting any redemptions or withdrawals, issuing any
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shares or paying any dividends with respect to such Items of Deposit.
|
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Items of Deposit shall not be deemed uncollectible until the ASSURED'S
|
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standard collection procedures have failed.
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Audit Expense
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11.
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Expense incurred by the ASSURED for that part of the cost of audits or
|
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examinations required by any governmental regulatory authority or self-regulatory
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organization to be conducted by such authority, organization or their appointee by
|
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reason of the discovery of loss sustained by the ASSURED and covered by this
|
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Bond.
|
ICAP Bond (5-98)
|
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Form 17-02-1421 (Ed. 5-98)
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Page 4 of 19
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General Agreements
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Additional Companies
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A.
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If more than one corporation, or Investment Company, or any combination of
|
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Included As Assured
|
them is included as the ASSURED herein:
|
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(1)
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The total liability of the COMPANY under this Bond for loss or losses
|
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sustained by any one or more or all of them shall not exceed the limit for
|
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which the COMPANY would be liable under this Bond if all such loss were
|
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sustained by any one of them.
|
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(2)
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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
|
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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
|
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COMPANY shall furnish each Investment Company with a copy of the
|
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Bond and with any amendment thereto, together with a copy of each formal
|
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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.
|
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(3)
|
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The COMPANY shall not be responsible for the proper application of any
|
||
payment made hereunder to the first named ASSURED.
|
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(4)
|
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Knowledge possessed or discovery made by any partner, director, trustee,
|
||
officer or supervisory employee of any ASSURED shall constitute knowledge
|
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or discovery by all the ASSUREDS for the purposes of this Bond.
|
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(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
|
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be considered as the first named ASSURED for the purposes of this Bond.
|
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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
|
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APPLICATION and other information constitute part of this Bond.
|
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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)
|
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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
|
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Merger Or Purchase Or
|
another institution, the ASSURED shall not have the coverage afforded under this
|
|||
Acquisition Of Assets Or
Liabilities - Notice To
|
Bond for loss which has:
|
|||
Company
|
(1)
|
|
occurred or will occur on premises, or
|
|
(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.
|
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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 -
Applicable to All Insuring
|
2.
|
|
This bond does not directly or indirectly cover:
|
|
Clauses
|
a.
|
loss not reported to the COMPANY in writing within sixty (60) days after
|
||
|
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
(continued)
|
alone or in collusion with others;
|
||||||
|
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 -
Applicable To All Insuring
|
3.
|
|
This Bond does not directly or indirectly cover:
|
||||
Clauses Except Insuring
|
a.
|
loss caused by an Employee, provided, however, this Section 3.a. shall not
|
|||||
Clause 1.
|
apply to loss covered under INSURING CLAUSE 2. or 3. which results
|
||||||
|
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 -
Applicable To All Insuring
|
4.
|
|
This bond does not directly or indirectly cover:
|
|
Clauses Except Insuring
|
a.
|
loss resulting from the complete or partial non-payment of or default on any
|
||
Clauses 1., 4., And 5.
|
loan whether such loan was procured in good faith or through trick, artifice,
|
|||
|
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-
Accumulation Of Liability
|
shall be deemed to be one loss and shall be limited to the applicable LIMIT OF
|
|||
(continued)
|
LIABILITY stated in ITEM 2. 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.
|
||||
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
(continued)
|
ASSURED which was not covered under this Bond.
|
|||
|
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
|
POLICYHOLDER
|
DISCLOSURE NOTICE OF
|
TERRORISM INSURANCE COVERAGE
|
(for policies with no terrorism exclusion or sublimit)
|
IMPORTANT NOTICE TO POLICYHOLDERS
|
Important Notice:
|
The SEC Requires Proof of Your Fidelity Insurance Policy
|
FEDERAL INSURANCE COMPANY
|
|
|||||
Endorsement No: 1
|
|
|||||
Bond Number: 82364021
|
|
|||||
NAME OF ASSURED: WHITEHORSE FINANCE, INC.
|
||||||
TERMINATION-NONRENEWAL-NOTICE ENDORSEMENT
|
||||||
It is agreed that this Bond is amended as follows:
|
||||||
1.
|
|
By adding to Section 13., Termination, the following:
|
||||
"Termination By The Company
|
||||||
Bonds In Effect For More Than Sixty (60) Days
|
||||||
If this Bond has been in effect for more than sixty (60) days, or, if this Bond is a renewal, the COMPANY
|
||||||
may terminate by providing written notice of cancellation at least sixty (60) days before the effective date
|
||||||
of termination for at least one of the following reasons:
|
||||||
1.
|
Nonpayment of premium;
|
|||||
2.
|
Discovery of fraud or material misrepresentation in obtaining this Bond or in the presentation of a
|
|||||
claim thereunder;
|
||||||
3.
|
Discovery of willful or reckless acts or omissions or violation of any provision of this Bond on the
|
|||||
part of the ASSURED which substantially and materially increases any hazard insured against,
|
||||||
and which occurred subsequent to the inception of the current BOND PERIOD;
|
||||||
4.
|
Conviction of the ASSURED of a crime arising out of acts increasing the hazard insured against;
|
|||||
5.
|
Material change in the risk which increases the risk of loss after insurance coverage has been
|
|||||
issued or renewed, except to the extent that the COMPANY should reasonably have foreseen the
|
||||||
change, or contemplated the risk when the contract was written;
|
||||||
6.
|
Determination by the Commissioner that the continuation of the Bond would jeopardize a
|
|||||
COMPANY'S solvency or would place the COMPANY in violation of the insurance laws of any
|
||||||
state;
|
||||||
7.
|
Determination by the Commissioner that continuation of the present premium volume of the
|
|||||
COMPANY would jeopardize the COMPANY'S policyholders, creditors or the public;
|
||||||
8.
|
Such other reasons that are approved by the Commissioner;
|
|||||
9.
|
Determination by the Commissioner that the COMPANY no longer has adequate reinsurance to
|
|||||
meet the ASSUREDS needs;
|
||||||
10.
|
Substantial breaches of contractual duties, conditions or warranties; or
|
|||||
11.
|
Unfavorable underwriting facts, specific to the ASSURED, existing that were not present at the
|
|||||
inception of the Bond.
|
ICAP Bond
|
|
Form 17-02-1360SD (Rev. 7-04) – South Dakota
|
Page 1
|
Bonds In Effect Sixty (60) Days Or Less
|
|
If this Bond has been in effect for sixty (60) days or less, and it is not a renewal Bond, the COMPANY
|
|
may terminate for any reason by providing written notice of termination at least sixty (60) days before
|
|
the effective date of termination.
|
|
Notice Of Termination
|
|
Notice of termination under this Section shall be mailed or delivered, by certified mail, return receipt
|
|
provided by the United States Postal Service, to the ASSURED and to the authorized agent or broker, if
|
|
any, at least sixty (60) days prior to the effective date of cancellation at the address shown on the
|
|
DECLARATIONS of this Bond.
|
|
If this Bond is cancelled for nonpayment of premium, the COMPANY will mail or deliver, by certified
|
|
mail, return receipt provided by the United States Postal Service, a written notice at least thirty (30) days
|
|
before the effective date of cancellation. The cancellation notice shall contain information regarding the
|
|
amount of premium due and the due date, and shall state the effect of nonpayment by the due date.
|
|
Cancellation shall not be effective if payment of the amount due is made prior to the effective date of
|
|
cancellation.
|
|
All notice of cancellation shall state the reason(s) for cancellation.
|
|
There is no liability on the part of, and no cause of action of any nature shall arise against, the
|
|
COMPANY, its authorized representatives, its employees, or any firm, person or corporation furnishing
|
|
to the COMPANY, information relating to the reasons for cancellation or nonrenewal, for any statement
|
|
made by them in complying or enabling the COMPANY to comply with this Section, for the provision of
|
|
information pertaining thereto, or for statements made or evidence submitted at any hearings conducted
|
|
in connection therewith, if such information was provided in good faith and without malice.
|
|
Notice Of Nonrenewal
|
|
If the COMPANY elects not to renew this Bond, the COMPANY shall mail or deliver written notice, by
|
|
certified mail, return receipt, provided by the United States Postal Service, to the ASSURED, at his last
|
|
known address, at least sixty (60) days before the expiration date or before the anniversary date, if this
|
|
Bond has been written for a term of more than one (1) year. Such notice shall also be mailed to the
|
|
ASSURED'S agent or broker, if any.
|
|
Such notice shall contain all of the following:
|
|
a.
|
Bond Number:
|
b.
|
Date of Notice;
|
c.
|
Reason for Cancellation;
|
d.
|
Expiration Date of the Bond;
|
e.
|
Effective Date and Hour of Cancellation.
|
Notice of nonrenewal shall not be required if the COMPANY or a COMPANY within the same insurance
|
|
group has offered to issue a renewal Bond, the ASSURED has obtained replacement coverage or has
|
|
agreed in writing to obtain replacement coverage, the ASSURED has requested or agreed to
|
|
nonrenewal, or the Bond is expressly designated as nonrenewable.
|
ICAP Bond
|
|
Form 17-02-1360SD (Rev. 7-04) – South Dakota
|
Page 2
|
Return Premium Calculations
|
||
Any unearned premiums which have been paid by the ASSURED shall be refunded to the ASSURED
|
||
on a pro rata basis if terminated by the COMPANY or the ASSURED. The unearned premiums shall be
|
||
refunded to the ASSURED within twenty (20) days after: (i) the COMPANY’s receipt of the request for
|
||
cancellation by the ASSURED or (ii) the effective date of cancellation by the COMPANY.
|
||
Conditional Renewal
|
||
If the COMPANY offers or purports to renew the Bond, but on less favorable terms or at higher rates,
|
||
the new terms or higher premiums may take effect on the renewal date, if the COMPANY mails or
|
||
delivers by certified mail, return receipt provided by the United States Postal Service, to the ASSURED,
|
||
notice of the new terms or premiums at least sixty (60) days prior to the renewal date. If the COMPANY
|
||
notifies the ASSURED within sixty (60) days prior to the renewal date, the new terms or premiums do
|
||
not take effect until sixty (60) days after the notice is mailed or delivered, in which case, the ASSURED
|
||
may elect to cancel the renewal Bond within the sixty (60) day period. If the COMPANY does not notify
|
||
the ASSURED of the new terms or premiums, the COMPANY shall continue the Bond at the expiring
|
||
terms and premiums until notice is given or until the effective date of replacement coverage is obtained
|
||
by the ASSURED, whichever occurs first.”
|
||
2.
|
|
It is further understood and agreed that for the purposes of Section 13., Termination, any occurrence
|
listed in this Section shall be considered to be a request by the ASSURED to immediately terminate this
|
||
Bond.
|
||
This Endorsement applies to loss discovered after 12:01 a.m. on December 5, 2012.
|
||
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
|
ICAP Bond
|
|
Form 17-02-1360SD (Rev. 7-04) – South Dakota
|
Page 3
|
ENDORSEMENT/RIDER
|
||
Effective date of
|
||
this endorsement/rider: December 5, 2012
|
FEDERAL INSURANCE COMPANY
|
|
Endorsement/Rider No. 2
|
|
|
To be attached to and
|
||
form a part of Bond No. 82364021
|
|
|
Issued to: WHITEHORSE FINANCE, INC.
|
||
COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS
|
||
It is agreed that this insurance does not apply to the extent that trade or economic sanctions or other similar laws or regulations prohibit the coverage provided by this insurance.
|
||
|
||
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.
|
ENDORSEMENT/RIDER
|
||||
Effective date of
|
||||
this endorsement/rider: December 5, 2012
|
FEDERAL INSURANCE COMPANY
|
|||
Endorsement/Rider No. 3
|
|
|||
To be attached to and
|
||||
form a part of Bond No. 82364021
|
|
|||
Issued to: WHITEHORSE FINANCE, INC.
|
||||
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.
|
FEDERAL INSURANCE COMPANY
|
||||||||
Endorsement No.: 4
|
|
|||||||
Bond Number: 82364021
|
|
|||||||
NAME OF ASSURED: WHITEHORSE FINANCE, INC.
|
||||||||
STOP PAYMENT ORDER OR REFUSAL TO PAY CHECK ENDORSEMENT
|
||||||||
It is agreed that this Bond is amended as follows:
|
||||||||
1.
|
|
By adding the following INSURING CLAUSE:
|
||||||
|
"12.
|
|
Stop Payment Order or Refusal to Pay Check
|
|||||
Loss resulting directly from the ASSURED being legally liable to pay compensatory damages
|
||||||||
for:
|
||||||||
a.
|
complying or failing to comply with notice from any customer of the ASSURED or any
|
|||||||
authorized representative of such customer, to stop payment on any check or draft made or
|
||||||||
drawn upon or against the ASSURED by such customer or by any authorized
|
||||||||
representative of such customer, or
|
||||||||
b.
|
refusing to pay any check or draft made or drawn upon or against the ASSURED by any
|
|||||||
customer of the ASSURED or by any authorized representative of such customer.”
|
||||||||
2.
|
|
By adding the following Specific Exclusion:
|
||||||
“Section 4.A. Specific Exclusions – Applicable to INSURING CLAUSE 12
|
||||||||
This Bond does not directly or indirectly cover:
|
||||||||
a.
|
liability assumed by the ASSURED by agreement under any contract, unless such liability would
|
|||||||
have attached to the ASSURED even in the absence of such agreement,
|
||||||||
b.
|
loss arising out of:
|
|||||||
(1)
|
libel, slander, wrongful entry, eviction, defamation, false arrest, false imprisonment,
|
|||||||
malicious prosecution, assault or battery,
|
||||||||
(2)
|
sickness, disease, physical bodily harm, mental or emotional distress or anguish, or death of
|
|||||||
any person, or
|
||||||||
(3)
|
discrimination.”
|
|||||||
This Endorsement applies to loss discovered after 12:01 a.m. on December 5, 2012.
|
||||||||
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
|
ENDORSEMENT/RIDER
|
|||||
Effective date of
|
|||||
this endorsement/rider: December 5, 2012
|
FEDERAL INSURANCE COMPANY
|
||||
Endorsement/Rider No. 5
|
|
||||
To be attached to and
|
|||||
form a part of Bond No. 82364021
|
|
||||
Issued to:
|
WHITEHORSE FINANCE, INC.
|
||||
PROCESSORS ENDORSEMENT
|
|||||
In consideration of the premium charged, it is agreed that this Bond is amended as follows:
|
|||||
1.
|
|
By adding to the definition of Employee in Section 1., Definitions, the following:
|
|||
“(10) a Processor, but only while such Processor is performing services and not creating, preparing,
|
|||||
modifying or maintaining the ASSURED’S computer software or programs.”
|
|||||
2.
|
|
By adding to Section 1., Definitions, the following:
|
|||
“r.
|
Processor means each natural person, partnership or corporation duly authorized by the
|
||||
ASSURED to perform data processing of the ASSURED’S checks and other accounting records
|
|||||
of the ASSURED. Processor does not mean a Federal Reserve Bank or clearing house.”
|
|||||
3.
|
|
By adding to Section 11., Subrogation-Assignment-Recovery, the following:
|
|||
“The attached Bond does not afford coverage in favor of any Processor and, in the event of a payment
|
|||||
of a loss caused by a Processor under this Bond, the COMPANY shall be subrogated to the
|
|||||
ASSURED’S rights of recovery, as described in this Section 11. preceding, against any Processor.”
|
|||||
4.
|
|
By adding to Section 13., Termination, the following:
|
|||
“This Bond terminates as to any Processor:
|
|||||
a.
|
immediately on the ASSURED, or any of its Partners, directors, trustees, or officers of the
|
||||
ASSSURED not acting in collusion with such Processor, learning of any dishonest act committed
|
|||||
by such Processor at any time, whether under contract to 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, or
|
|||||
b.
|
fifteen (15) days after receipt by the ASSURED of a written notice from the COMPANY of its
|
||||
decision to terminate this Bond as to any Processor.”
|
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.
|
ENDORSEMENT/RIDER
|
|||
Effective date of
|
|||
this endorsement/rider: December 5, 2012
|
FEDERAL INSURANCE COMPANY
|
||
Endorsement/Rider No. 6
|
|
||
To be attached to and
|
|||
form a part of Bond No. 82364021
|
|
||
Issued to: WHITEHORSE FINANCE, INC.
|
|||
AUTOMATIC INCREASE IN LIMITS ENDORSEMENT
|
|||
In consideration of the premium charged, it is agreed that GENERAL AGREEMENTS, Section C. Additional
|
|||
Offices Or Employees-Consolidation, Merger Or Purchase Or Acquisition Of Assets Or Liabilities-Notice To
|
|||
Company, is amended by adding the following subsection:
|
|||
Automatic Increase in Limits for Investment Companies
|
|||
If an increase in bonding limits is required pursuant to rule 17g-1 of the Investment Company Act of 1940
|
|||
(“the Act”), due to:
|
|||
(i)
|
the creation of a new Investment Company, other than by consolidation or merger with, or purchase or
|
||
acquisition of assets or liabilities of, another institution; or
|
|||
(ii)
|
an increase in asset size of current Investment Companies covered under this Bond,
|
||
then the minimum required increase in limits shall take place automatically without payment of additional
|
|||
premium for the remainder of the BOND PERIOD.
|
|||
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.
|