Job Name: XP3310D2
|
Print Date and Time: 05/01/07 20:01 | |
File Number: O617O |
||
Business Center/ |
||
Original Business Unit:
|
FINANCIAL AND PROFESSIONAL SERVICES | |
Policy Number:
|
412PB0898 | |
Name of insured:
|
GLADSTONE CAPITAL CORPORATION | |
Agency Number:
|
1203016 | |
Department or Expense Center:
|
001 | |
Underwriter:
|
1162350 Underwriting Team: | |
Data Entry Person:
|
NANCY BOYLE | |
Date and Time:
|
05/01/07 10:49 001 |
FORM NBR | EDITION | CO | STATE | TRANS DATE | ||||||||
*ND059 | 11.06 | 1 | VA | 2007-04-13* |
DELIVERY INVOICE |
INSURED |
||||
GLADSTONE CAPITAL CORPORATION 1521 WESTBRANCH DRIVE SUITE 200 MCLEAN VA 22102 |
Policy Inception/Effective Date: 04/13/07 Agency Number: 120301-6 Transaction Type: New Business Transaction number: Processing date: 04/25/2007 Policy Number: 412PB0898 |
|||
Policy | Surtax/ | |||||
Number | Description | Amount | Surcharge | |||
412PB0898 |
Investment Company Blanket Bond | $3,675 |
| better protects the interests of all parties; | ||
| helps Travelers to try to resolve losses or claims more quickly; and | ||
| often reduces the overall cost of a loss or claim losses or claims reported more than five days after they happen cost on average 35% more than those reported earlier. |
-1-
Title | Form Number | Edition Date | ||||||
Policy Form List |
40705 | 05-84 | ||||||
Investment Company Blanket Bond Declarations |
ICB001 | 07-04 | ||||||
Investment Company Blanket Bond Insuring Agreements |
ICB005 | 07-04 | ||||||
Computer Systems |
ICB011 | 07-04 | ||||||
Unauthorized Signatures |
ICB012 | 07-04 | ||||||
Telefacsimile Transactions |
ICB013 | 07-04 | ||||||
Voice-Initiated Transactions |
ICB014 | 07-04 | ||||||
Definition of Investment Company |
ICB016 | 07-04 | ||||||
ERISA Rider |
ICB030 | 07-04 | ||||||
Virginia Statutory Rider |
ICB065 | 04-05 |
Name of Insured
|
Policy Number 412PB0898 | Effective Date 04/13/07 | ||
GLADSTONE CAPITAL CORPORATION
|
Processing Date 05/01/07 | 10:49 001 | ||
DECLARATIONS | BOND NO. 412PB0898 |
Item 1. | Name of Insured (herein called Insured): |
Item 2. | Bond Period from 12:01 a.m. on 04/13/07 to 12:01 a.m. on 11/25/07 the effective date of the termination or cancellation of the bond, standard time at the Principal Address as to each of said dates. | |
Item 3. | Limit of Liability |
Limit of Liability | Deductible Amount | |||||||
Insuring Agreement A FIDELITY |
$ | 3,000,000 | $ | 100,000 | ||||
Insuring Agreement B AUDIT EXPENSE |
$ | 25,000 | $ | 0 | ||||
Insuring Agreement C PREMISES |
$ | 3,000,000 | $ | 100,000 | ||||
Insuring Agreement D TRANSIT |
$ | 3,000,000 | $ | 100,000 | ||||
Insuring Agreement E FORGERY OR ALTERATION |
$ | 3,000,000 | $ | 100,000 | ||||
Insuring Agreement F SECURITIES |
$ | 3,000,000 | $ | 100,000 | ||||
Insuring Agreement G COUNTERFEIT CURRENCY |
$ | 3,000,000 | $ | 100,000 | ||||
Insuring Agreement H STOP PAYMENT |
$ | 100,000 | $ | 5,000 | ||||
Insuring Agreement I UNCOLLECTIBLE ITEMS OF
DEPOSIT |
$ | 100,000 | $ | 5,000 | ||||
OPTIONAL COVERAGES ADDED BY RIDER: |
||||||||
Insuring Agreement J Computer Systems |
$ | 3,000,000 | $ | 100,000 | ||||
Insuring Agreement M Voice Initiated Transactions |
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement L Telefacsimile |
$ | 3,000,000 | $ | 100,000 | ||||
Insuring Agreement K Unauthorized Signature |
$ | 3,000,000 | $ | 100,000 |
Item 4. | Offices or Premises Covered Offices acquired or established subsequent to the effective date of this bond are covered according to the terms of General Agreement A. All the Insureds offices or premises in existence at the time this bond becomes effective are covered under this bond except the offices or premises located as follows: None | |
Item 5. | The liability of the Underwriter is subject to the terms of the following endorsements or riders attached hereto: |
Item 6. | The Insured by the acceptance of this bond gives notice to the Underwriter terminating
or canceling prior bonds or policy(ies) No.(s) such termination or cancellation to be effective as of the time this bond becomes effective. |
|
Countersigned: | ST. PAUL FIRE AND MARINE INSURANCE COMPANY |
Authorized Representative
|
Countersigned At |
Secretary | President |
(A) | FIDELITY | |
Loss resulting from any dishonest or fraudulent act(s), including Larceny or Embezzlement, committed by an Employee, committed anywhere and whether committed alone or in collusion with others, including loss of Property resulting from such acts of an Employee, which Property is held by the Insured for any purpose or in any capacity and whether so held gratuitously or not and whether or not the Insured is liable therefor. | ||
Dishonest or fraudulent act(s) as used in this Insuring Agreement shall mean only dishonest or fraudulent act(s) committed by such Employee with the manifest intent: |
(a) | to cause the Insured to sustain such loss; and | ||
(b) | to obtain financial benefit for the Employee, or for any other Person or organization intended by the Employee to receive such benefit, other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment. |
(B) | AUDIT EXPENSE | |
Expense incurred by the Insured for that part of the costs of audits or examinations required by any governmental regulatory authority to be conducted either by such authority or by an independent accountant by reason of the discovery of loss sustained by the Insured through any dishonest or fraudulent act(s), including Larceny or Embezzlement, of any of the Employees. The total liability of the Underwriter for such expense by reason of such acts of any Employee or in which such Employee is concerned or implicated or with respect to any one audit or examination is limited to the amount stated opposite Audit Expense in Item 3 of the Declarations; it being understood, however, that such expense shall be deemed to be a loss sustained by the Insured through any dishonest or fraudulent act(s), including Larceny or Embezzlement, of one or more of the Employees, and the liability under this paragraph shall be in addition to the Limit of Liability stated in Insuring Agreement (A) in Item 3 of the Declarations. | ||
(C) | ON PREMISES | |
Loss of Property (occurring with or without negligence or violence) through robbery, burglary, Larceny, theft, holdup, or other fraudulent means, misplacement, mysterious unexplainable disappearance, damage thereto or destruction thereof, abstraction or removal from the possession, custody or control of the Insured, and loss of subscription, conversion, redemption or deposit privileges through the misplacement or loss of Property, while the Property is (or is supposed or believed by the Insured to be) lodged or deposited within any offices or premises located anywhere, except in an office listed in Item 4 of the Declarations or amendment thereof or in the mail or with a carrier for hire, other than an armored motor vehicle company, for the purpose of transportation. |
(1) | loss of or damage to furnishings, fixtures, stationery, supplies or equipment, within any of the Insureds offices covered under this bond caused by Larceny or theft in, or by burglary, robbery or hold-up of, such office, or attempt thereat, or by vandalism or malicious mischief; or | ||
(2) | loss through damage to any such office by Larceny or theft in, or by burglary, robbery or hold-up of, such office, or attempt thereat, or to the interior of any such office by vandalism or malicious mischief provided, in any event, that the Insured is the owner of such offices, furnishings, fixtures, stationery, supplies or equipment or is legally liable for such loss or damage always excepting, however, all loss or damage through fire. |
1 of 12
(D) | IN TRANSIT | |
Loss of Property (occurring with or without negligence or violence) through robbery, Larceny, theft, hold-up, misplacement, mysterious unexplainable disappearance, being lost or otherwise made away with, damage thereto or destruction thereof, and loss of subscription, conversion, redemption or deposit privileges through the misplacement or loss of Property, while the Property is in transit anywhere in the custody of any person or persons acting as messenger, except while in the mail or with a carrier for hire, other than an armored motor vehicle company, for the purpose of transportation, such transit to begin immediately upon receipt of such Property by the transporting person or persons, and to end immediately upon delivery thereof at destination. | ||
(E) | FORGERY OR ALTERATION | |
Loss through Forgery or alteration of or on: |
(1) | any bills of exchange, checks, drafts, acceptances, certificates of deposit, promissory notes, or other written promises, orders or directions to pay sums certain in money, due bills, money orders, warrants, orders upon public treasuries, letters of credit; or | ||
(2) | other written instructions, advices or applications directed to the Insured, authorizing or acknowledging the transfer, payment, delivery or receipt of funds or Property, which instructions, advices or applications purport to have been signed or endorsed by any: |
(a) | customer of the Insured, or | ||
(b) | shareholder or subscriber to shares, whether certificated or uncertificated, of any Investment Company, or | ||
(c) | financial or banking institution or stockbroker, |
but which instructions, advices or applications either bear the forged signature or endorsement or have been altered without the knowledge and consent of such customer, shareholder or subscriber to shares, or financial or banking institution or stockbroker; or | |||
(3) | withdrawal orders or receipts for the withdrawal of funds or Property, or receipts or certificates of deposit for Property and bearing the name of the Insured as issuer, or of another Investment Company for which the Insured acts as agent, |
excluding, however, any loss covered under Insuring Agreement (F) hereof whether or not coverage for Insuring Agreement (F) is provided for in the Declarations of this bond. | ||
Any check or draft (a) made payable to a fictitious payee and endorsed in the name of such fictitious payee or (b) procured in a transaction with the maker or drawer thereof or with one acting as an agent of such maker or drawer or anyone impersonating another and made or drawn payable to the one so impersonated and endorsed by anyone other than the one impersonated, shall be deemed to be forged as to such endorsement. | ||
Mechanically reproduced facsimile signatures are treated the same as handwritten signatures. | ||
(F) | SECURITIES | |
Loss sustained by the Insured, including loss sustained by reason of a violation of the constitution by-laws, rules or regulations of any Self Regulatory Organization of which the Insured is a member or which would have been imposed upon the Insured by the constitution, by-laws, rules or regulations of any Self Regulatory Organization if the Insured had been a member thereof, |
(1) | through the Insureds having, in good faith and in the course of business, whether for its own account or for the account of others, in any representative, fiduciary, agency or any other capacity, either gratuitously or otherwise, purchased or otherwise acquired, accepted or received, or sold or delivered, or given any value, extended any credit or assumed any liability, on the faith of, or otherwise acted upon, any securities, documents or other written instruments which prove to have been: |
(a) | counterfeited, or | ||
(b) | forged as to the signature of any maker, drawer, issuer, endorser, assignor, lessee, transfer agent or registrar, acceptor, surety or guarantor or as to the signature of any person signing in any other capacity, or | ||
(c) | raised or otherwise altered, or lost, or stolen, or |
(2) | through the Insureds having, in good faith and in the course of business, guaranteed in writing or witnessed any signatures whether for valuable consideration or not and whether or not such guaranteeing or witnessing is ultra vires the Insured, upon any transfers, |
2 of 12
assignments, bills of sale, powers of attorney, guarantees, endorsements or other obligations upon or in connection with any securities, documents or other written instruments and which pass or purport to pass title to such securities, documents or other written instruments; excluding losses caused by Forgery or alteration of, on or in those instruments covered under Insuring Agreement (E) hereof. |
Securities, documents or other written instruments shall be deemed to mean original (including original counterparts) negotiable or non-negotiable agreements which in and of themselves represent an equitable interest, ownership, or debt, including an assignment thereof, which instruments are, in the ordinary course of business, transferable by delivery of such agreements with any necessary endorsement or assignment. | ||
The word counterfeited as used in this Insuring Agreement shall be deemed to mean any security, document or other written instrument which is intended to deceive and to be taken for an original. | ||
Mechanically reproduced facsimile signatures are treated the same as handwritten signatures. | ||
(G) | COUNTERFEIT CURRENCY | |
Loss through the receipt by the Insured, in good faith, of any counterfeited money orders or altered paper currencies or coin of the United States of America or Canada issued or purporting to have been issued by the United States of America or Canada or issued pursuant to a United States of America or Canada statute for use as currency. | ||
(H) | STOP PAYMENT | |
Loss against any and all sums which the Insured shall become obligated to pay by reason of the liability imposed upon the Insured by law for damages: |
(I) | UNCOLLECTIBLE ITEMS OF DEPOSIT | |
Loss resulting from payments of dividends or fund shares, or withdrawals permitted from any customers, shareholders, or subscribers account based upon Uncollectible Items of Deposit of a customer, shareholder or subscriber credited by the Insured or the Insureds agent to such customers, shareholders or subscribers Mutual Fund Account; or loss resulting from an Item of Deposit processed through an Automated Clearing House which is reversed by the customer, shareholder or subscriber and deemed uncollectible by the Insured. | ||
Loss includes dividends and interest accrued not to exceed 15% of the Uncollectible Items which are deposited. | ||
This Insuring Agreement applies to all Mutual Funds with exchange privileges if all Fund(s) in the exchange program are insured by the Underwriter for Uncollectible Items of Deposit. Regardless of the number of transactions between Fund(s), the minimum number of days of deposit within the Fund(s) before withdrawal as declared in the Fund(s) prospectus shall begin from the date a deposit was first credited to any Insured Fund(s). |
A. | ADDITIONAL OFFICES OR EMPLOYEES CONSOLIDATION OR MERGER NOTICE |
(1) | If the Insured shall, while this bond is in force, establish any additional office or offices, such offices shall be automatically covered hereunder from the dates of their establishment, respectively. No notice to the Underwriter of an increase during any premium period in the number of offices or in the number of Employees at any of the offices covered hereunder need be given and no additional premium need be paid for the remainder of such premium period. | ||
(2) | If an Investment Company, named as Insured herein, shall, while this bond is in force, merge or consolidate with, or purchase the assets of another institution, coverage for such acquisition shall apply automatically |
3 of 12
from the date of acquisition. The Insured shall notify the Underwriter of such acquisition within 60 days of said date, and an additional premium shall be computed only if such acquisition involves additional offices or employees. |
B. | WARRANTY | |
No statement made by or on behalf of the Insured, whether contained in the application or otherwise, shall be deemed to be a warranty of anything except that it is true to the best of the knowledge and belief of the person making the statement. | ||
C. | COURT COSTS AND ATTORNEYS FEES | |
(Applicable to all Insuring Agreements or Coverages now or hereafter forming part of this bond) | ||
The Underwriter will indemnify the Insured against court costs and reasonable attorneys fees incurred and paid by the Insured in defense, whether or not successful, whether or not fully litigated on the merits and whether or not settled, of any suit or legal proceeding brought against the Insured to enforce the Insureds liability or alleged liability on account of any loss, claim or damage which, if established against the Insured, would constitute a loss sustained by the Insured covered under the terms of this bond provided, however, that with respect to Insuring Agreement (A) this indemnity shall apply only in the event that: |
(1) | an Employee admits to being guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement; or | ||
(2) | an Employee is adjudicated to be guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement; | ||
(3) | in the absence of (1) or (2) above an arbitration panel agrees, after a review of an agreed statement of facts, that an Employee would be found guilty of dishonesty if such Employee were prosecuted. |
The Insured shall promptly give notice to the Underwriter of any such suit or legal proceedings and at the request of the Underwriter shall furnish it with copies of all pleadings and other papers therein. At the Underwriters election the Insured shall permit the Underwriter to conduct the defense of such suit or legal proceeding, in the Insureds name, through attorneys of the Underwriters selection. In such event, the Insured shall give all reasonable information and assistance which the Underwriter shall deem necessary to the proper defense of such suit or legal proceeding. | ||
If the amount of the Insureds liability or alleged liability is greater than the amount recoverable under this bond, or if a Deductible Amount is applicable, or both, the liability of the Underwriter under this General Agreement is limited to the proportion of court costs and attorneys fees incurred and paid by the Insured or by the Underwriter that the amount recoverable under this bond bears to the total of such amount plus the amount which is not so recoverable. Such indemnity shall be in addition to the Limit of Liability for the applicable Insuring Agreement or Coverage. | ||
D. | FORMER EMPLOYEE | |
Acts of an Employee, as defined in this bond, are covered under Insuring Agreement (A) only while the Employee is in the Insureds employ. Should loss involving a former Employee of the Insured be discovered subsequent to the termination of employment, coverage would still apply under Insuring Agreement (A) if the direct proximate cause of the loss occurred while the former Employee performed duties within the scope of his/her employment. |
(a) | Employee means: |
(1) | any of the Insureds officers, partners, or employees, and | ||
(2) | any of the officers or employees of any predecessor of the Insured whose principal assets are acquired by the Insured by consolidation or merger with, or purchase of assets or capital stock of, such predecessor, and |
4 of 12
(3) | attorneys retained by the Insured to perform legal services for the Insured and the employees of such attorneys while such attorneys or employees of such attorneys are performing such services for the Insured, and | ||
(4) | guest students pursuing their studies or duties in any of the Insureds offices, and | ||
(5) | directors or trustees of the Insured, the investment advisor, underwriter (distributor), transfer agent, or shareholder accounting record keeper, or administrator authorized by written agreement to keep financial and/or other required records, but only while performing acts coming within the scope of the usual duties of an officer or employee or while acting as a member of any committee duly elected or appointed to examine or audit or have custody of or access to the Property of the Insured, and | ||
(6) | any individual or individuals assigned to perform the usual duties of an employee within the premises of the Insured, by contract, or by any agency furnishing temporary personnel on a contingent or part-time basis, and | ||
(7) | each natural person, partnership or corporation authorized by written agreement with the Insured to perform services as electronic data processor of checks or other accounting records of the Insured, but excluding any such processor who acts as transfer agent or in any other agency capacity in issuing checks, drafts or securities for the Insured, unless included under sub-section (9) hereof, and | ||
(8) | those persons so designated in Section 15, Central Handling of Securities, and | ||
(9) | any officer, partner, or Employee of: |
(a) | an investment advisor, | ||
(b) | an underwriter (distributor), | ||
(c) | a transfer agent or shareholder accounting record-keeper, or | ||
(d) | an administrator authorized by written agreement to keep financial and/or other required records, |
for an Investment Company named as Insured while performing acts coming within the scope of the usual duties of an officer or Employee of any investment Company named as Insured herein, or while acting as a member of any committee duly elected or appointed to examine or audit or have custody of or access to the Property of any such Investment Company, provided that only Employees or partners of a transfer agent, shareholder accounting record-keeper or administrator which is an affiliated person, as defined in the Investment Company Act of 1940, of an Investment Company named as Insured or is an affiliated person of the advisor, underwriter or administrator of such Investment Company, and which is not a bank, shall be included within the definition of Employee. | ||
Each employer of temporary personnel or processors as set forth in sub-sections (6) and (7) of Section 1(a) and their partners, officers and employees shall collectively be deemed to be one person for all the purposes of this bond, excepting, however, the last paragraph of Section 13. | ||
Brokers, or other agents under contract or representatives of the same general character shall not be considered Employees. | ||
(b) | Property means money (i.e. currency, coin, bank notes, Federal Reserve notes), postage and revenue stamps, U.S. Savings Stamps, bullion, precious metals of all kinds and in any form and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semi-precious stones, bonds, securities, evidences of debts, debentures, scrip, certificates, interim receipts, warrants, rights, puts, calls, straddles, spreads, transfers, coupons, drafts, bills of exchange, acceptances, notes, checks, withdrawal orders, money orders, warehouse receipts, bills of lading, conditional sales contracts, abstracts of title, insurance policies, deeds, mortgages under real estate and/or chattels and upon interests therein, and assignments of such policies, mortgages and instruments, and other valuable papers, including books of account and other records used by the Insured in the conduct of its business, and all other instruments similar to or in the nature of the foregoing including Electronic Representations of such instruments enumerated above (but excluding all data processing records) in which the Insured has an interest or in which the Insured acquired or should have acquired an interest by reason of a predecessors declared financial condition at the time of the Insureds consolidation or merger with, or purchase of the principal assets of, such predecessor or which are held by the Insured for any purpose or in any capacity and whether so held gratuitously or not and whether or not the Insured is liable therefor. | |
(c) | Forgery means the signing of the name of another with intent to deceive; it does not |
5 of 12
include the signing of ones own name with or without authority, in any capacity, for any purpose. | ||
(d) | Larceny and Embezzlement as it applies to any named Insured means those acts as set forth in Section 37 of the Investment Company Act of 1940. | |
(e) | Items of Deposit means any one or more checks and drafts. Items of Deposit shall not be deemed uncollectible until the Insureds collection procedures have failed. |
(a) | loss effected directly or indirectly by means of forgery or alteration of, on or in any instrument, except when covered by Insuring Agreement (A), (E), (F) or (G). | ||
(b) | loss due to riot or civil commotion outside the United States of America and Canada; or loss due to military, naval or usurped power, war or insurrection unless such loss occurs in transit in the circumstances recited in Insuring Agreement (D), and unless, when such transit was initiated, there was no knowledge of such riot, civil commotion, military, naval or usurped power, war or insurrection on the part of any person acting for the Insured in initiating such transit. | ||
(c) | loss, in time of peace or war, directly or indirectly caused by or resulting from the effects of nuclear fission or fusion or radioactivity; provided, however, that this paragraph shall not apply to loss resulting from industrial uses of nuclear energy. | ||
(d) | loss resulting from any wrongful act or acts of any person who is a member of the Board of Directors of the Insured or a member of any equivalent body by whatsoever name known unless such person is also an Employee or an elected official, partial owner or partner of the Insured in some other capacity, nor, in any event, loss resulting from the act or acts of any person while acting in the capacity of a member of such Board or equivalent body. | ||
(e) | loss resulting from the complete or partial non-payment of, or default upon, any loan or transaction in the nature of, or amounting to, a loan made by or obtained from the Insured or any of its partners, directors or Employees, whether authorized or unauthorized and whether procured in good faith or through trick, artifice fraud or false pretenses, unless such loss is covered under Insuring Agreement (A), (E) or (F). | ||
(f) | loss resulting from any violation by the Insured or by any Employee: |
(1) | of law regulating (a) the issuance, purchase or sale of securities, (b) securities transactions upon Security Exchanges or over the counter market, (c) Investment Companies, or (d) Investment Advisors, or | ||
(2) | of any rule or regulation made pursuant to any such law. |
unless such loss, in the absence of such laws, rules or regulations, would be covered under Insuring Agreements (A) or (E). | |||
(g) | loss of Property or loss of privileges through the misplacement or loss of Property as set forth in Insuring Agreement (C) or (D)while the Property is in the custody of any armored motor vehicle company, unless such loss shall be in excess of the amount recovered or received by the Insured under (a) the Insureds contract with said armored motor vehicle company, (b) insurance carried by said armored motor vehicle company for the benefit of users of its service, and (c) all other insurance and indemnity in force in whatsoever form carried by or for the benefit of users of said armored motor vehicle companys service, and then this bond shall cover only such excess. | ||
(h) | potential income, including but not limited to interest and dividends, not realized by the Insured because of a loss covered under this bond, except as included under Insuring Agreement (I). | ||
(i) | all damages of any type for which the Insured is legally liable, except direct compensatory damages arising from a loss covered under this bond. | ||
(j) | loss through the surrender of Property away from an office of the Insured as a result of a threat: |
(1) | to do bodily harm to any person, except loss of Property in transit in the custody of any person acting as messenger provided that when such transit was initiated there was no knowledge by the Insured of any such threat, or | ||
(2) | to do damage to the premises or Property of the Insured, except when covered under Insuring Agreement (A). |
6 of 12
(k) | all costs, fees and other expenses incurred by the Insured in establishing the existence of or amount of loss covered under this bond unless such indemnity is provided for under Insuring Agreement (B). | ||
(l) | loss resulting from payments made or withdrawals from the account of a customer of the Insured, shareholder or subscriber to shares involving funds erroneously credited to such account, unless such payments are made to or withdrawn by such depositors or representative of such person, who is within the premises of the drawee bank of the Insured or within the office of the Insured at the time of such payment or withdrawal or unless such payment is covered under Insuring Agreement (A). | ||
(m) | any loss resulting from Uncollectible Items of Deposit which are drawn from a financial institution outside the fifty states of the United States of America, District of Columbia, and territories and possessions of the United States of America, and Canada. |
(a) | becomes aware of facts, or | ||
(b) | receives written notice of an actual or potential claim by a third party which alleges that the Insured is liable under circumstances, |
7 of 12
(a) | any one act of burglary, robbery or holdup, or attempt thereat, in which no Partner or Employee is concerned or implicated shall be deemed to be one loss, or | ||
(b) | any one unintentional or negligent act on the part of any other person resulting in damage to or destruction or misplacement of Property, shall be deemed to be one loss, or |
8 of 12
(c) | all wrongful acts, other than those specified in (a) above, of any one person shall be deemed to be one loss, or | ||
(d) | all wrongful acts, other than those specified in (a) above, of one or more persons (which dishonest act(s) or act(s) of Larceny or Embezzlement include, but are not limited to, the failure of an Employee to report such acts of others) whose dishonest act or acts intentionally or unintentionally, knowingly or unknowingly, directly or indirectly, aid or aids in any way, or permits the continuation of, the dishonest act or acts of any other person or persons shall be deemed to be one loss with the act or acts of the persons aided, or | ||
(e) | any one casualty or event other than those specified in (a), (b), (c) or (d) preceding, shall be deemed to be one loss, and |
9 of 12
(a) | as to any Employee as soon as any partner, officer or supervisory Employee of the Insured, who is not in collusion with such Employee, shall learn of any dishonest or fraudulent act(s), including Larceny or Embezzlement on the part of such Employee without prejudice to the loss of any Property then in transit in the custody of such Employee (see Section 16(d)), or | ||
(b) | as to any Employee 60 days after receipt by each Insured and by the Securities and Exchange Commission of a written notice from the Underwriter of its desire to terminate this bond as to such Employee, or | ||
(c) | as to any person, who is a partner, officer or employee of any Electronic Data Processor covered under this bond, from and after the time that the Insured or any partner or officer thereof not in collusion with such person shall have knowledge or information that such person has committed any dishonest or fraudulent act(s), including Larceny or Embezzlement in the service of the Insured or otherwise, whether such act be committed before or after the time this bond is effective. |
(a) | on the effective date of any other insurance obtained by the Insured, its successor in business or any other party, replacing in whole or in part the insurance afforded by this bond, whether or not such other insurance provides coverage for loss sustained prior to its effective date, or | ||
(b) | upon takeover of the Insureds business by any State or Federal official or agency, or by any receiver or liquidator, acting or appointed for this purpose without the necessity of the Underwriter giving notice of such termination. In the event that such additional period of time is terminated, as provided above, the Underwriter shall refund any unearned premium. |
10 of 12
(a) | the total liability of the Underwriter hereunder for loss or losses sustained by any one or more or all of them shall not exceed the limit for which the Underwriter would be liable hereunder if all such loss were sustained by any one of them; | ||
(b) | the one first named herein shall be deemed authorized to make, adjust and receive and enforce payment of all claims hereunder and shall be deemed to be the agent of the others for such purposes and for the giving or receiving of any notice required or permitted to be given by the terms hereof, provided that the Underwriter shall furnish each named Investment Company with a copy of the bond and with any amendment thereto, together with a copy of each formal filing of the settlement of each such claim prior to the execution of such settlement; | ||
(c) | the Underwriter shall not be responsible for the proper application of any payment made hereunder to said first named Insured; | ||
(d) | knowledge possessed or discovery made by any partner, officer of supervisory Employee of any Insured shall for the purposes of Section 4 and Section 13 of this bond constitute knowledge or discovery by all the Insured; and | ||
(e) | if the first named Insured ceases for any reason to be covered under this bond, then the Insured next named shall thereafter be considered as the first, named Insured for the purposes of this bond. |
(a) | the names of the transferors and transferees (or the names of the beneficial owners if the voting securities are requested in another name), and | ||
(b) | 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 | ||
(c) | the total number of outstanding voting securities. |
11 of 12
12 of 12
ATTACHED TO AND FORMING | DATE ENDORSEMENT OR | * EFFECTIVE DATE OF ENDORSEMENT OR RIDER | ||||||
PART OF BOND OR POLICY NO.
|
RIDER EXECUTED | 12:01 A.M. STANDARD TIME AS | ||||||
SPECIFIED IN THE BOND OR POLICY | ||||||||
412PB0898
|
05/01/07 | 04/13/07 | ||||||
* ISSUED TO |
1. | The attached bond is amended by adding an additional Insuring Agreement as follows: |
(1) | entry of data into, or | ||
(2) | change of data elements or program within a Computer System listed in the SCHEDULE below, provided the fraudulent entry or change causes |
(a) | Property to be transferred, paid or delivered, | ||
(b) | an account of the Insured, or of its customer, to be added, deleted, debited or credited, or | ||
(c) | an unauthorized account or a fictitious account to be debited or credited, and provided further, the fraudulent entry or change is made or caused by an individual acting with the manifest intent to |
(i) | cause the Insured to sustain a loss, and | ||
(ii) | obtain financial benefit for that individual or for other persons intended by that individual to receive financial benefit. |
2. | As used in this Rider, Computer System means |
(a) | computers with related peripheral components, including storage components, wherever located, | ||
(b) | systems and applications software, | ||
(c) | terminal devices, and | ||
(d) | related communication networks |
by which data are electronically collected, transmitted, processed, stored and retrieved. |
3. | In addition to the exclusions in the attached bond, the following exclusions are applicable to this Insuring Agreement: |
(a) | loss resulting directly or indirectly from the theft of confidential information, material or data; and |
Page 1 of 2
(b) | loss resulting directly or indirectly from entries or changes made by an individual authorized to have access to a Computer System who acts in good faith on instructions, unless such instructions are given to that individual by a software contractor (or by a partner, officer or employee thereof) authorized by the Insured to design, develop, prepare, supply, service, write or implement programs for the Insureds Computer System. |
4. | The following portions of the attached bond are not applicable to this Rider: |
(a) | the portion preceding the Insuring Agreements which reads at any time but discovered during the Bond Period; | ||
(b) | Section 9 NONREDUCTION AND NON-ACCUMULATION OF LIABILITY of the Conditions and Limitations; and | ||
(c) | Section 10 LIMIT OF LIABILITY of the Conditions and Limitations. |
5. | The coverage afforded by this Rider applies only to loss discovered by the Insured during the period this Rider is in force. |
6. | All loss or series of losses involving the fraudulent activity of one individual, or involving fraudulent activity, in which one individual is implicated, whether or not that individual is specifically identified, shall be treated as one loss. A series of losses involving unidentified individuals but arising from the same method of operation may be deemed by the Underwriter to involve the same individual and in that event shall be treated as one loss. |
7. | The Limit of Liability for the coverage provided by this Rider shall be Three million Dollars ($3,000,000 ), it being understood, however, that such liability shall be a part of and not in addition to the Limit of Liability stated in Item 3 of the Declarations of the attached bond or any amendment thereof. |
8. | The Underwriter shall be liable hereunder for the amount by which one loss exceeds the Deductible Amount applicable to the attached bond, but not in excess of the Limit of Liability stated above. |
9. | If any loss is covered under this Insuring Agreement and any other Insuring Agreement or Coverage, the maximum amount payable for such loss shall not exceed the largest amount available under any one Insuring Agreement or Coverage. |
10. | Coverage under this Rider shall terminate upon termination or cancellation of the bond to which this Rider is attached. Coverage under this Rider may also be terminated or canceled without canceling the bond as an entirety |
(a) | 60 days after receipt by the Insured of written notice from the Underwriter of its desire to terminate or cancel coverage under this Rider, or | ||
(b) | immediately upon receipt by the Underwriter of a written request from the Insured to terminate or cancel coverage under this Rider. |
The Underwriter shall refund to the Insured the unearned premium for the coverage under this Rider. The refund shall be computed at short rates if this Rider be terminated or canceled or reduced by notice from, or at the instance of, the Insured. |
By | ||||
Page 2 of 2
ATTACHED TO AND FORMING | DATE ENDORSEMENT OR | * EFFECTIVE DATE OF ENDORSEMENT OR RIDER | ||||||
PART OF BOND OR POLICY NO.
|
RIDER EXECUTED | 12:01 A.M. STANDARD TIME AS | ||||||
SPECIFIED IN THE BOND OR POLICY | ||||||||
412PB0898
|
05/01/07 | 04/13/07 | ||||||
* ISSUED TO |
1. | The attached bond is amended by inserting an additional Insuring Agreement as follows: |
(A) | Loss resulting directly from the Insured having accepted, paid or cashed any check or withdrawal order, draft, made or drawn on a customers account which bears the signature or endorsement of one other than a person whose name and signature is on the application on file with the Insured as a signatory on such account. | ||
(B) | It shall be a condition precedent to the Insureds right of recovery under this Rider that the Insured shall have on file signatures of all persons who are authorized signatories on such account. |
2. | The total liability of the Underwriter under Insuring Agreement K is limited to the sum of Three million Dollars ($3,000,000 ), it being understood, however, that such liability shall be part of and not in addition to the Limit of Liability stated in Item 3 of the Declarations of the attached bond or amendment thereof. | |
3. | With respect to coverage afforded under this Rider, the Deductible Amount shall be One hundred thousand Dollars ($100, 000 ). |
By | ||||
ATTACHED TO AND FORMING | DATE ENDORSEMENT OR | * EFFECTIVE DATE OF ENDORSEMENT OR RIDER | ||||||
PART OF BOND OR POLICY NO.
|
RIDER EXECUTED | 12:01 A.M. STANDARD TIME AS | ||||||
SPECIFIED IN THE BOND OR POLICY | ||||||||
412PB0898
|
05/01/07 | 04/13/07 | ||||||
* ISSUED TO |
1. | The attached Bond is amended by adding an additional Insuring Agreement as follows: | |
INSURING AGREEMENT L TELEFACSIMILE TRANSACTIONS | ||
Loss caused by a Telefacsimile Transaction, where the request for such Telefacsimile Transaction is unauthorized or fraudulent and is made with the manifest intent to deceive; provided, that the entity which receives such request generally maintains and follows during the Bond Period all Designated Fax Procedures with respect to Telefacsimile Transactions. The isolated failure of such entity to maintain and follow a particular Designated Fax Procedure in a particular instance will not preclude coverage under this Insuring Agreement, subject to the exclusions herein and in the Bond. |
2. | Definitions. The following terms used in this Insuring Agreement shall have the following meanings: |
a. | Telefacsimile System means a system of transmitting and reproducing fixed graphic material (as, for example, printing) by means of signals transmitted over telephone lines. | ||
b. | Telefacsimile Transaction means any Fax Redemption, Fax Election, Fax Exchange, or Fax Purchase. | ||
c. | Fax Redemption means any redemption of shares issued by an Investment Company which is requested through a Telefacsimile System. | ||
d. | Fax Election means any election concerning dividend options available to Fund shareholders which is requested through a Telefacsimile System. | ||
e. | Fax Exchange means any exchange of shares in a registered account of one Fund into shares in an identically registered account of another Fund in the same complex pursuant to exchange privileges of the two Funds, which exchange is requested through a Telefacsimile System. | ||
f. | Fax Purchase means any purchase of shares issued by an Investment Company which is requested through a Telefacsimile System. | ||
g. | Designated Fax Procedures means the following procedures: |
(1) | Retention: All Telefacsimile Transaction requests shall be retained for at least six (6) months. Requests shall be capable of being retrieved and produced in legible form within a reasonable time after retrieval is requested. | ||
(2) | Identity Test: The identity of the sender in any request for a Telefacsimile Transaction shall be tested before executing that Telefacsimile Transaction, either by requiring the sender to include on the face of the request a unique identification number or to include key specific account information. Requests of Dealers must be on company letterhead and be signed by an authorized representative. Transactions by occasional users are to be verified by telephone confirmation. |
Page 1 of 2
(3) | Contents: A Telefacsimile Transaction shall not be executed unless the request for such Telefacsimile Transaction is dated and purports to have been signed by (a) any shareholder or subscriber to shares issued by a Fund, or (b) any financial or banking institution or stockbroker. | ||
(4) | Written Confirmation: A written confirmation of each Telefacsimile Transaction shall be sent to the shareholder(s) to whose account such Telefacsimile Transaction relates, at the record address, by the end of the Insureds next regular processing cycle, but no later than five (5) business days following such Telefacsimile Transaction. |
i. | Designated means or refers to a written designation signed by a shareholder of record of a Fund, either in such shareholders initial application for the purchase of Fund shares, with or without a Signature Guarantee, or in another document with a Signature Guarantee. | ||
j. | Signature Guarantee means a written guarantee of a signature, which guarantee is made by an Eligible Guarantor Institution as defined in Rule 17Ad-15(a)(2) under the Securities Exchange Act of 1934. |
3. | Exclusions. It is further understood and agreed that this Insuring Agreement shall not cover: |
a. | Any loss covered under Insuring Agreement A, Fidelity, of this Bond; and |
||
b. | Any loss resulting from: |
(1) | Any Fax Redemption, where the proceeds of such redemption were requested to be paid or made payable to other than (a) the shareholder of record, or (b) a person Designated in the initial application or in writing at least one (1) day prior to such redemption to receive redemption proceeds, or (c) a bank account Designated in the initial application or in writing at least one (1) day prior to such redemption to receive redemption proceeds; or | ||
(2) | Any Fax Redemption of Fund shares which had been improperly credited to a shareholders account, where such shareholder (a) did not cause, directly or indirectly, such shares to be credited to such account, and (b) directly or indirectly received any proceeds or other benefit from such redemption; or | ||
(3) | Any Fax Redemption from any account, where the proceeds of such redemption were requested to be sent to any address other than the record address or another address for such account which was designated (a) over the telephone or by telefacsimile at least fifteen (15) days prior to such redemption, or (b) in the initial application or in writing at least one (1) day prior to such redemption; or | ||
(4) | The intentional failure to adhere to one or more Designated Fax Procedures; or | ||
(5) | The failure to pay for shares attempted to be purchased. |
4. | The Single Loss Limit of Liability under Insuring Agreement L is limited to the sum of Three million Dollars ($3,000,000 ) it being understood, however, that such liability shall be part of and not in addition to the Limit of Liability stated in Item 3 of the Declarations of the attached Bond or amendments thereof. | |
5. | With respect to coverage afforded under this Rider the applicable Single loss Deductible Amount is One hundred thousand Dollars ($100, 000 ). |
By | ||||
Page 2 of 2
ATTACHED TO AND FORMING | DATE ENDORSEMENT OR | * EFFECTIVE DATE OF ENDORSEMENT OR RIDER | ||||||
PART OF BOND OR POLICY NO.
|
RIDER EXECUTED | 12:01 A.M. STANDARD TIME AS | ||||||
SPECIFIED IN THE BOND OR POLICY | ||||||||
412PB0898
|
05/01/07 | 04/13/07 | ||||||
* | ISSUED TO |
1. | The attached bond is amended by inserting an additional Insuring Agreement as follows: |
Loss caused by a Voice-initiated Transaction, where the request for such Voice-initiated Transaction is unauthorized or fraudulent and is made with the manifest intent to deceive; provided, that the entity which receives such request generally maintains and follows during the Bond Period all Designated Procedures with respect to Voice-initiated Redemptions and the Designated Procedures described in paragraph 2f (1) and (3) of this Rider with respect to all other Voice-initiated Transactions. The isolated failure of such entity to maintain and follow a particular Designated Procedure in a particular instance will not preclude coverage under this Insuring Agreement, subject to the specific exclusions herein and in the Bond. | ||
2. | Definitions. The following terms used in this Insuring Agreement shall have the following meanings: |
a. | Voice-initiated Transaction means any Voice-initiated Redemption, Voice-initiated Election, Voice-initiated Exchange, or Voice-initiated Purchase. | ||
b. | Voice-initiated Redemption means any redemption of shares issued by an Investment Company which is requested by voice over the telephone. | ||
c. | Voice-initiated Election means any election concerning dividend options available to Fund shareholders which is requested by voice over the telephone. | ||
d. | Voice-initiated Exchange means any exchange of shares in a registered account of one Fund into shares in an identically registered account of another Fund in the same complex pursuant to exchange privileges of the two Funds, which exchange is requested by voice over the telephone. | ||
e. | Voice-initiated Purchase means any purchase of shares issued by an Investment Company which is requested by voice over the telephone. | ||
f. | Designated Procedures means the following procedures: |
(1) | Recordings: All Voice-initiated Transaction requests shall be recorded, and the recordings shall be retained for at least six (6) months. Information contained on the recordings shall be capable of being retrieved and produced within a reasonable time after retrieval of specific information is requested, at a success rate of no less than 85%. | ||
(2) | Identity Test: The identity of the caller in any request for a Voice-initiated Redemption shall be tested before executing that Voice-initiated Redemption, either by requesting the caller to state a unique identification number or to furnish key specific account information. | ||
(3) | Written Confirmation: A written confirmation of each Voice-initiated Transaction and of each change of the record address of a Fund shareholder requested by voice over the telephone shall be mailed to the shareholder(s) to whose account such Voice-initiated Transaction or change of address relates, at the original record address (and, in the case of such change of address, at the changed record address) by the end of the Insureds next regular processing cycle, but no later than five (5) business days following such Voice-initiated Transaction or change of address. |
Page 1 of 2
g. | Investment Company or Fund means an investment company registered under the Investment Company Act of 1940. | ||
h. | Officially Designated means or refers to a written designation signed by a shareholder of record of a Fund, either in such shareholders initial application for the purchase of Fund shares, with or without a Signature Guarantee, or in another document with a Signature Guarantee. | ||
i. | Signature Guarantee means a written guarantee of a signature, which guarantee is made by a financial or banking institution whose deposits are insured by the Federal Deposit Insurance Corporation or by a broker which is a member of any national securities exchange registered under the Securities Exchange Act of 1934. |
3. | Exclusions. It is further understood and agreed that this Insuring Agreement shall not cover: |
a. | Any loss covered under Insuring Agreement A, Fidelity, of this Bond; and |
||
b. | Any loss resulting from: |
(1) | Any Voice-initiated Redemption, where the proceeds of such redemption were requested to be paid or made payable to other than (a) the shareholder of record, or (b) a person Officially Designated to receive redemption proceeds, or (c) a bank account Officially Designated to receive redemption proceeds; or | ||
(2) | Any Voice-initiated Redemption of Fund shares which had been improperly credited to a shareholders account, where such shareholder (a) did not cause, directly or indirectly, such shares to be credited to such account, and (b) directly or indirectly received any proceeds or other benefit from such redemption; or | ||
(3) | Any Voice-initiated Redemption from any account, where the proceeds of such redemption were requested to be sent (a) to any address other than the record address for such account, or (b) to a record address for such account which was either (i) designated over the telephone fewer than thirty (30) days prior to such redemption, or (ii) designated in writing less than on (1) day prior to such redemption; or | ||
(4) | The intentional failure to adhere to one or more Designated Procedures; or | ||
(5) | The failure to pay for shares attempted to be purchased; or | ||
(6) | Any Voice-initiated Transaction requested by voice over the telephone and received by an automated system which receives and converts such request to executable instructions. |
4. | The total liability of the Underwriter under Insuring Agreement M is limited to the sum of One million Dollars ($1,000,000 ), it being understood, however, that such liability shall be part of and not in addition to the Limit of Liability stated in Item 3 of the Declarations of the attached bond or amendment thereof. |
5. | With respect to coverage afforded under this Rider the applicable Deductible Amount is One hundred thousand Dollars ($100, 000 ). |
By | ||||
Page 2 of 2
ATTACHED TO AND FORMING | DATE ENDORSEMENT OR | * EFFECTIVE DATE OF ENDORSEMENT OR RIDER | ||||||
PART OF BOND OR POLICY NO.
|
RIDER EXECUTED | 12:01 A.M. STANDARD TIME AS | ||||||
SPECIFIED IN THE BOND OR POLICY | ||||||||
412PB0898
|
05/01/07 | 04/13/07 | ||||||
* ISSUED TO |
1. | Section 1, Definitions, under General Agreements is amended to include the following paragraph: |
(f) | Investment Company means an investment company registered under the Investment Company Act of 1940 and as listed under the names of Insureds on the Declarations. |
By | ||||
ATTACHED TO AND FORMING | DATE ENDORSEMENT OR | * EFFECTIVE DATE OF ENDORSEMENT OR RIDER | ||||||
PART OF BOND OR POLICY NO.
|
RIDER EXECUTED | 12:01 A.M. STANDARD TIME AS | ||||||
SPECIFIED IN THE BOND OR POLICY | ||||||||
412PB0898
|
05/01/07 | 04/13/07 | ||||||
* | ISSUED TO |
1. | Employee as used in the attached bond shall include any natural person who is a director or trustee of the Insured while such director or trustee is engaged in handling funds or other property of any Employee Welfare or Pension Benefit Plan owned, controlled or operated by the Insured or any natural person who is a trustee, manager, officer of employee of any such Plan. |
2. | If the Bond, in accordance with the agreements, limitations and conditions thereof, covers loss sustained by two or more Employee Welfare or Pension Benefit Plans or sustained by any such Plan in addition to loss sustained by an Insured other than such Plan, it is the obligation of the Insured or the Plan Administrator(s) of such Plans under Regulations published by the Secretary of Labor Implementing Section 13 of the Welfare and Pension Plans Disclosure Act of 1958 to obtain under one or more bonds issued by one or more Insurers an amount of coverage for each such Plan at least equal to that which would be required if such Plans were bonded separately. |
3. | In compliance with the foregoing, payment by the Company in accordance with the agreements, limitations and conditions of the bond shall be held by the Insured, or, if more than one, by the Insured first named, for the use and benefit of any Employee Welfare or Pension Benefit Plan sustaining loss so covered and to the extent that such payment is in excess of the amount of coverage required by such Regulations to be carried by said Plan sustaining such loss, such excess shall be held for the use and benefit of any other such Plan also covered in the event that such other Plan discovers that it has sustained loss covered thereunder. |
4. | If money or other property of two or more Employee Welfare or Pension Benefit Plans covered under the bond is commingled, recovery for loss of such money or other property through fraudulent or dishonest acts of Employees shall be shared by such Plans on a pro rata basis in accordance with the amount for which each such Plan is required to carry bonding coverage in accordance with the applicable provisions of said Regulations. |
5. | The Deductible Amount of this bond applicable to loss sustained by a Plan through acts committed by an Employee of the Plan shall be waived, but only up to an amount equal to the amount of coverage required to be carried by the Plan because of compliance with the provisions of the Employee Retirement Income Security Act of 1974. |
By | ||||
ATTACHED TO AND FORMING | DATE ENDORSEMENT OR | * EFFECTIVE DATE OF ENDORSEMENT OR RIDER | ||||||
PART OF BOND OR POLICY NO.
|
RIDER EXECUTED | 12:01 A.M. STANDARD TIME AS | ||||||
SPECIFIED IN THE BOND OR POLICY | ||||||||
412PB0898
|
05/01/07 | 04/13/07 | ||||||
* ISSUED TO |
1. | Any reference to arbitration in the bond is removed. | |
2. | The Representation paragraph found in the application is deleted and replaced by the following |
The Insured represents that the information furnished in the application for this bond is complete, true and correct. Such application constitutes part of this bond. | ||
Any misrepresentation, omission, concealment or any incorrect statement of a material fact, in the application or otherwise, may be grounds for the rescission of this bond. | ||
Premium to be returned in the event of termination of this bond shall be determined as follows: | ||
First, any unearned premium for the unexpired term of the bond period shall be the original premium minus the greater of the earned premium computed on the basis of either: |
(i) | the percentage developed by dividing paid losses during the bond period by the annual aggregate limit of liability, or | ||
(ii) | the percentage developed by dividing the elapsed time of the bond period by the bond period. |
Second, the dollar amount of the unearned premium so determined shall be returned accordingly: |
(i) | if the bond is canceled at the Underwriters request, or it coverage is being canceled and rewritten, the entire amount shall be returned, or | ||
(ii) | if the bond is canceled at the Insureds request 90% of the amount shall be returned. |
3. | The second sentence of Section 18. CHANGE OR MODIFICATION, is hereby deleted in its entirety and replaced with: | |
No changes in or modification thereof shall be effective unless made by written endorsement. |
By | ||||