e40v17g
July 2, 2009
Via EDGAR
U.S. Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
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Re: |
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Allied Capital Corporation
File No. 814-00138/File No. 811-02708
Rule 17g-1(g) Fidelity Bond Filing |
Ladies and Gentlemen:
On behalf of Allied Capital Corporation (the Company), enclosed herewith for filing, pursuant to
Rule 17g-1(g) under the Investment Company Act of 1940, are the following:
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a copy of the single insured fidelity bond covering the Company, which includes a
statement as to the period for which premiums have been paid; and |
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(b) |
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a copy of the resolution of the members of the board of directors who are not
interested persons of the Company, approving the form and amount of the bond. |
If you have any questions regarding this submission, please do not hesitate to call me at (202)
721-6100.
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Very truly yours,
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/s/ Miriam G. Krieger
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Miriam G. Krieger |
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Corporate Secretary |
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1919 Pennsylvania Avenue, NW | Washington, DC 20006-3434 | 202.721.6100 | 202.721.6101 Fax | www.alliedcapital.com
CERTIFICATE OF SECRETARY
The undersigned, Miriam G. Krieger, Secretary of Allied Capital Corporation, a Maryland
corporation (the Company), does hereby certify that:
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This certificate is being delivered to the Securities and Exchange
Commission (the SEC) in connection with the filing of the Companys fidelity
bond (the Bond) pursuant to Rule 17g-1 of the Investment Company Act of 1940,
as amended, and the SEC is entitled to rely on this certificate for purposes of
the filing. |
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2. |
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The undersigned is the duly elected, qualified and acting Secretary of
the Company, and has custody of the corporate records of the Company and is a
proper officer to make this certification. |
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3. |
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Attached hereto as Exhibit A is a copy of the resolution approved by the
Board of Directors of the Company, including a majority of the Board of the
Directors who are not interested persons of the Company, approving the amount,
type, form and coverage of the Bond. |
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4. |
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Premiums have been paid for the period May 1, 2009 to May 1, 2010. |
IN WITNESS WHEREOF, the undersigned has caused this certificate to be executed this 2nd
day of July, 2009.
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/s/ Miriam G. Krieger
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Miriam G. Krieger |
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Corporate Secretary |
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Exhibit A
Resolution of the Board of Directors of Allied Capital Corporation
Excerpt from the Minutes of the Meeting
of the Board of Directors of
Allied Capital Corporation
Held on May 1, 2009
WHEREAS, Section 17(g) of the Investment Company Act of 1940, as amended (the 1940
Act), and Rule 17g-1(a) thereunder, require each business development company
(BDC) to provide and maintain a bond which shall be issued by a reputable fidelity
insurance company, authorized to do business in the place where the bond is issued,
against larceny and embezzlement, covering each officer and employee of the BDC, who
may singly, or jointly with others, have access to securities or funds of the BDC,
either directly or through authority to draw upon such funds or to direct generally
the disposition of such securities;
WHEREAS, the Board of Directors has considered the expected aggregate value of the
securities and funds of the Corporation to which officers or employees of the
Corporation may have access (either directly or through authority to draw upon such
funds or to direct generally the disposition of such securities), the type and terms
of the arrangements made for the custody of such securities and funds, the nature of
securities and other investments to be held by the Corporation, the accounting
procedures and controls of the Corporation, the nature and method of conducting the
operations of the Corporation, and the requirements of Section 17(g) of the 1940
Act, and Rule 17g-1 thereunder;
WHEREAS, Rule 17g-1(b) under the 1940 Act permits the required bond to be in the
form of a bond which names the BDC as the only insured (a single insured bond) or
a bond which names the BDC and certain other parties as insureds (a joint insured
bond); and
WHEREAS, the Board of Directors has determined that the Corporation shall comply
with Section 17(g) of the 1940 Act, and Rule 17g-1 thereunder, by providing and
maintaining a single insured bond;
NOW THEREFORE, BE IT RESOLVED, that the amount, type, form, and coverage of the
single insured bond, in substantially the form required by the Investment Company
Act of 1940 covering the officers and employees of the Corporation and insuring the
Corporation against loss from fraudulent or dishonest acts, including larceny and
embezzlement, to be issued in the amount of $2,500,000, is hereby approved;
FURTHER RESOLVED, that the proper officers of the Corporation be, and they hereby
are, authorized to take all appropriate actions, with the advice of legal counsel to
the Corporation, to provide and maintain the single insured fidelity bond on behalf
of the Corporation;
FURTHER RESOLVED, that the Secretary is hereby designated as the officer of the
Corporation who shall make the filings with the U.S. Securities and Exchange
Commission (the SEC) and give the notices to each member of the Board of Directors
as required by Rule 17g-1(g) under the 1940 Act;
FURTHER RESOLVED, that the Secretary is hereby authorized and directed to make the
filings and give the notices referenced in the preceding resolution, including the
filing with the SEC, within 10 days after the Corporation receives the executed
Single Insured Bond, or any amendment thereof, of the documents specified in Rule
17g-1(g)(1)(B);
FURTHER RESOLVED, that the officers of the Corporation be, and each of them singly
hereby is, authorized, in the name and on behalf of the Corporation, to take all
other actions as they may deem necessary, advisable or appropriate to effectuate or
carry out the purposes and intent of the foregoing resolutions; and
FURTHER RESOLVED, that any and all actions heretofore taken by any officer of the
Corporation in connection with the Single Insured Fidelity Bond and the transactions
contemplated thereby or by he foregoing resolutions, are hereby ratified and
confirmed.
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AIG EXECUTIVE LIABILITY SM |
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Insurance provided by the following member of American International Group, Inc. |
National Union Fire Insurance Company of Pittsburgh, Pa.
A capital stock company
INVESTMENT COMPANY BLANKET BOND
Bond No.: 01-837-24-79
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DECLARATIONS
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Item 1.
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Name of Insured (herein called Insured):
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ALLIED CAPITAL CORPORATION |
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Principal Address
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1919 PENN AVE NW LBBY 3 |
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WASHINGTON, DC 20006-3448 |
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Item 2. |
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Bond Period: from 12:01a.m. May 1, 2009 to May 1, 2010 the effective date
of the termination or cancellation of this bond, standard time at the Principal Address as to
each of said dates. |
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Item 3.
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Limit of LiabilitySubject to Sections 9, 10 and 12 hereof,
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Amount applicable to |
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Limit of |
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Deductible |
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Liability |
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Insuring Agreement (A)-FIDELITY |
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$2,500,000 |
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NIL |
Insuring Agreement (B)-AUDIT EXPENSE |
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$2,500,000 |
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NIL |
Insuring Agreement (C)-ON PREMISES |
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$2,500,000 |
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$50,000 |
Insuring Agreement (D)-IN TRANSIT |
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$2,500,000 |
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$50,000 |
Insuring Agreement (E)-FORGERY OR ALTERATION |
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$2,500,000 |
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$50,000 |
Insuring Agreement (F)-SECURITIES |
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$2,500,000 |
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$50,000 |
Insuring Agreement (G)-COUNTERFEIT CURRENCY |
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$2,500,000 |
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$50,000 |
Insuring Agreement (H)-STOP PAYMENT |
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$2,500,000 |
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$10,000 |
Insuring Agreement (I)-UNCOLLECTIBLE ITEMS OF DEPOSIT |
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$2,500,000 |
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$10,000 |
Insuring Agreement (J)-COMPUTER SYSTEMS |
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$2,500,000 |
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$50,000 |
Insuring Agreement (K)-VOICE INITIATED TRANSFER |
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$2,500,000 |
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$50,000 |
Insuring Agreement (L)-TELEFACSIMILE SYSTEMS |
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$2,500,000 |
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$50,000 |
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If Not Covered is inserted above opposite any specified Insuring Agreement or
Coverage, such Insuring Agreement or Coverage and any other reference thereto in this
bond shall be deemed to be deleted therefrom. |
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Item 4. |
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Offices or Premises CoveredOffices 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:
Exceptions. |
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Item 5. |
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The liability of the Underwriter is subject to the terms of the following riders attached
hereto: Endorsements No.: 1, 2, 3, 4, 5, 6 & 7. |
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Item 6. |
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The Insured by the acceptance of this bond gives to the Underwriter terminating or
cancelling prior bond(s) or policy(ies) No.(s) N/A such termination or cancellation to be
effective as of the time this bond becomes effective.
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Premium: $9,000
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SECRETARY
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PRESIDENT |
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AUTHORIZED REPRESENTATIVE |
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COUNTERSIGNATURE DATE |
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COUNTERSIGNED AT
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WILLIS OF NEW YORK INC
200 LIBERTY STREET, 7TH FL
1 WORLD FINANCIAL CENTER
NEW YORK, NY 10281
INVESTMENT COMPANY BLANKET BOND
The Underwriter, in consideration of an agreed premium, and subject to the Declarations made a part
hereof, the General Agreements, Conditions and Limitations and other terms of this bond, agrees
with the Insured, in accordance with the Insuring Agreements hereof to which an amount of insurance
is applicable as set forth in Item 3 of the Declarations and with respect to loss sustained by the
Insured at any time but discovered during the Bond Period, to indemnify and hold harmless the
Insured for:
INSURING AGREEMENTS
Loss resulting from any dishonest or fraudulent act(s), including Larceny or Embezzlement
committed by an Employee, committed anywhere and whether committed alone or in collusion with
others, including loss of Property resulting from such acts of an Employee, which Property is held
by the Insured for any purpose or in any capacity and whether so held gratuitously or not and
whether or not the Insured is liable therefor.
Dishonest or fraudulent act(s) as used in this Insuring Agreement shall mean only dishonest or
fraudulent act(s) committed by such Employee with the manifest intent:
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to cause the Insured to sustain such loss; and |
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to obtain financial benefit for the Employee, or for any other person or organization
intended by the Employee to receive such benefit, other than salaries, commissions, fees,
bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in
the normal course of employment. |
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.
Loss of Property (occurring with or without negligence or violence) through robbery, burglary,
Larceny, theft, holdup, or other fraudulent means, misplacement, mysterious unexplainable
disappearance, damage thereto or destruction thereof, abstraction or removal from the possession,
custody or control of the Insured, and loss of subscription, conversion, redemption or deposit
privileges through the misplacement or loss of Property, while the Property is (or is supposed or
believed by the Insured to be) lodged or deposited within any offices or premises located anywhere,
except in an office listed in Item 4 of the Declarations or amendment thereof or in the mail or
with a carrier for hire other than an armored motor vehicle company, for the purpose of
transportation.
Offices and Equipment
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Loss of or damage to, furnishings, fixtures, stationery, supplies or equipment, within
any of the Insureds |
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offices covered under this bond caused by Larceny or theft in, or by
burglary, robbery or holdup of such office, or attempt thereat, or by vandalism or
malicious mischief; or |
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(2) |
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loss through damage to any such office by Larceny or theft in, or by burglary, robbery
or holdup 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. |
Loss of Property (occurring with or without negligence or violence) through robbery, Larceny,
theft, holdup, 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) |
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FORGERY OR ALTERATION |
Loss through FORGERY or ALTERATION of, on or in any bills of exchange, checks, drafts,
acceptances, certificates of deposit. promissory notes, or other written promises, orders or
directions to pay sums certain in money, due bills, money orders, warrants, orders upon public
treasuries, letters of credit, written instructions, advices or applications directed to the
Insured, authorizing or acknowledging the transfer, payment, delivery or receipt of funds or
Property, which
instructions or advices or applications purport to have been signed or endorsed by
any customer of the Insured, shareholder or subscriber to shares, whether certificated or
uncertificated, of any Investment Company or by any financial or banking institution or stockbroker
but which instructions, advices or applications either bear the forged signature or endorsement or
have been altered without the knowledge and consent of such customer, shareholder or subscriber to
shares, whether certificated or uncertificated, of an Investment Company, financial or banking
institution or stockbroker, withdrawal orders or receipts for the withdrawal of funds or Property,
or receipts or certificates of deposit for Property and bearing the name of the Insured as issuer,
or of another Investment Company for which the Insured acts as agent, excluding, however, any loss
covered under Insuring Agreement (F) hereof whether or not coverage for Insuring Agreement (F) is
provided for in the Declarations of this bond.
Any check or draft (a) made payable to a fictitious payee and endorsed in the name of such
fictitious payee or (b) procured in a transaction with the maker or drawer thereof or with one
acting as an agent of such maker or drawer or anyone impersonating another and made or drawn
payable to the one so impersonated and endorsed by anyone other than the one impersonated, shall be
deemed to be forged as to such endorsement.
Mechanically reproduced facsimile signatures are treated the same as handwritten signatures.
Loss sustained by the Insured, including loss sustained by reason of a violation of the
constitution, by-laws, rules or regulations of any Self Regulatory Organization of which the
Insured is a member or which would have been imposed upon the Insured by the constitution, by-laws,
rules or regulations of any Self Regulatory Organization if the Insured had been a member thereof,
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through the Insureds having, in good faith and in the course of business, whether for
its own account or for the account of others, in any representative, fiduciary, agency or
any other capacity, either gratuitously or otherwise, purchased or otherwise acquired,
accepted or received, or sold or delivered, or given any value, extended any credit or
assumed any liability, on the faith of, or otherwise acted upon, any securities, documents
or other written instruments which prove to have been |
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counterfeited, or |
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(b) |
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forged as to the signature of any maker, drawer, issuer, endorser, assignor,
lessee, transfer agent or registrar, acceptor, surety or guarantor or as to the
signature of any person signing in any other capacity, or |
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(c) |
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raised or otherwise altered, or lost, or stolen, or |
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through the Insureds having, in good faith and in the course of business, guaranteed
in writing or witnessed any signatures whether for valuable consideration or not and
whether or not such guaranteeing or witnessing is ultra vires the Insured, upon any
transfers, assignments, bills of sale, powers of attorney, guarantees, endorsements or
other obligations upon or in connection with any securities, documents or other written
instruments and which pass or purport to pass title to such securities, documents or other
written instruments; EXCLUDING, losses caused by FORGERY or ALTERATION of, on or in those
instruments covered under Insuring Agreement (E) hereof. |
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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 |
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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. |
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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. |
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Mechanically produced facsimile signatures are treated the same as handwritten signatures. |
Loss through the receipt by the Insured, in good faith, of any counterfeited money orders or
altered paper currencies or coin of the United States of America or Canada issued or purporting to
have been issued by the United States of America or Canada or issued pursuant to a United States of
America or Canadian statute for use as currency.
Loss against any and all sums which the Insured shall become obligated to pay by reason of the
Liability imposed upon the Insured by law for damages:
For having either complied with or failed to comply with any written notice of any customer,
shareholder or subscriber of the Insured or any Authorized Representative of such customer,
shareholder or subscriber to stop payment of any check or draft made or drawn by such
customer, shareholder or subscriber or any Authorized Representative of such customer,
shareholder or subscriber, or
For
having refused to pay any check or draft made or
drawn by any customer, shareholder or
subscriber of the Insured or any Authorized Representative of such customer, shareholder or
subscriber.
(I) |
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UNCOLLECTIBLE ITEMS OF DEPOSIT |
Loss resulting from payments of dividends or fund shares, or withdrawals permitted from any
customers, shareholders or subscribers account based upon Uncollectible Items of Deposit of a
customer, shareholder or subscriber credited by the Insured or the Insureds agent to such
customers, shareholders or subscribers Mutual Fund Account; or
loss resulting from any Item of Deposit processed through an Automated Clearing House which is
reversed by the customer, shareholder or subscriber and deemed uncollectible by the Insured.
Loss includes dividends and interest accrued not to exceed 15% of the Uncollectible Items
which are deposited.
This Insuring Agreement applies to all Mutual Funds with exchange privileges if all Fund(s)
in the exchange program are insured by a National Union Fire Insurance Company of Pittsburgh, PA
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).
GENERAL AGREEMENTS
A. |
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ADDITIONAL OFFICES OR EMPLOYEES-
CONSOLIDATION OR MERGER-NOTICE |
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If the Insured shall, while this bond is in force, establish any additional office or
offices, such office or offices shall be automatically covered hereunder from the dates of
their establishment, respectively. No notice to the Underwriter of an increase during any
premium period in the number of offices or in the number of Employees at any of the offices
covered hereunder need be given and no additional premium need be paid for the remainder of
such premium period. |
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2. |
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If an Investment Company, named as Insured herein, shall, while this bond is in force,
merge or consolidate with, or purchase the assets of another institution, coverage for such
acquisition shall apply automatically from the date of acquisition. The Insured shall
notify the Underwriter of such acquisition within 60 days of said date, and an |
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additional
premium shall be computed only if such acquisition involves additional offices or
employees. |
No statement made by or on behalf of the Insured, whether contained in the application or
otherwise, shall be deemed to be a warranty of anything except that it is true to the best of the
knowledge and belief of the person making the statement.
C. |
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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
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an Employee admits to being guilty of any dishonest or fraudulent act(s), including
Larceny or Embezzlement; or |
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an Employee is adjudicated to be guilty of any dishonest or fraudulent act(s),
including Larceny or Embezzlement; |
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in the absence of (1) or (2) above an arbitration panel agrees, after a review of an
agreed statement of facts, that an Employee would be found guilty of dishonesty if such
Employee were prosecuted. |
The Insured shall promptly give notice to the Underwriter of any such suit or legal proceeding
and at the request of the Underwriter shall furnish it with copies of all pleadings and other
papers therein. At the Underwriters election the Insured shall permit the Underwriter to conduct
the defense of such suit or legal proceeding, in the Insureds name, through attorneys of the
Underwriters selection. In such event, the Insured shall give
all reasonable information and assistance
which the Underwriter shall deem necessary to the proper defense of such suit or legal
proceeding.
If the 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.
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.
THE FOREGOING INSURING AGREEMENTS AND
GENERAL AGREEMENTS ARE SUBJECT TO
THE FOLLOWING CONDITIONS
AND LIMITATIONS:
SECTION 1. DEFINITIONS
The following terms, as used in this bond, shall have the respective meanings stated in this
Section:
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any of the Insureds officers, partners, or employees, and |
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any of the officers or employees of any predecessor of the Insured whose
principal assets are acquired by the Insured by consolidation or merger with, or purchase of |
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assets or capital stock of such predecessor. and |
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(3) |
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attorneys retained by the Insured to perform legal services for the Insured
and the employees of such attorneys while such attorneys or the employees of such
attorneys are performing such services for the Insured, and |
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guest students pursuing their studies or duties in any of the Insureds
offices, and |
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(5) |
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directors or trustees of the Insured, the investment advisor, underwriter
(distributor), transfer agent, or shareholder accounting record keeper, or
administrator authorized by written agreement to keep financial and/or other required
records, but only while performing acts coming within the scope of the usual duties
of an officer or employee or while acting as a member of any committee duly elected
or appointed to examine or audit or have custody of or access to the Property of the
Insured, and |
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(6) |
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any individual or individuals assigned to perform the usual duties of an
employee within the premises of the Insured, by contract, or by any agency furnishing
temporary personnel on a contingent or part-time basis, and |
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each natural person, partnership or corporation authorized by written
agreement with the Insured to perform services as electronic data processor of checks
or other accounting records of the Insured, but excluding any such processor who acts
as transfer agent or in any other agency capacity in issuing checks, drafts or
securities for the Insured, unless included under Sub-section (9) hereof, and |
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(8) |
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those persons so designated in Section 15, Central Handling of Securities,
and |
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(9) |
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any officer, partner or Employee of |
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an investment advisor, |
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b) |
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an underwriter (distributor), |
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a transfer agent or shareholder accounting record-keeper, or |
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d) |
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an administrator authorized by written agreement to keep financial
and/or other required records, |
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for an Investment Company named as Insured while performing acts coming within the
scope of the usual duties of an officer or Employee of any Investment Company named as
Insured herein, or while acting as a member of any committee duly elected or appointed
to examine or audit or have custody of or access to the Property of any such
Investment Company, provided that only Employees or partners of a transfer agent,
shareholder accounting record-keeper or administrator which is an affiliated person as
defined in the Investment Company Act of 1940, of an Investment Company named as
Insured or is an affiliated person of the adviser, underwriter or administrator of
such Investment Company, and which is not a bank, shall be included within the
definition of Employee. |
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Each employer of temporary personnel or processors as set forth in Sub-Sections (6)
and 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. |
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Brokers, or other agents under contract
or representatives of the same general character
shall |
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not be considered Employees. |
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(b) |
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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 by the Insured for any purpose or in any
capacity and whether so held gratuitously or not and |
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whether or not the Insured is liable
therefor. |
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(c) |
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Forgery means the signing of the name of another with intent to deceive; it does not
include the signing of ones own name with or without authority, in any capacity, for any
purpose. |
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(d) |
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Larceny and Embezzlement as it applies to any named Insured means those acts as set
forth in Section 37 of the Investment Company Act of 1940. |
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(e) |
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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. |
SECTION 2. EXCLUSIONS
THIS BOND DOES NOT COVER:
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(a) |
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loss effected directly or indirectly by means of forgery or alteration of, on or in any
instrument, except when covered by Insuring Agreement (A), (E), (F) or (G). |
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(b) |
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loss due to riot or civil commotion outside the United States of America and Canada; or
loss due to military, naval or usurped power, war or insurrection unless such loss occurs
in transit in the circumstances recited in Insuring Agreement (D), and unless, when such
transit was initiated, there was no knowledge of such riot, civil commotion, military,
naval or usurped power, war or insurrection on the part of any person acting for the
Insured in initiating such transit. |
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(c) |
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loss, in time of peace or war, directly
or indirectly caused by or resulting from the effects of nuclear
fission or fusion or radioactivity; provided, however, |
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that this
paragraph shall not apply to loss resulting from industrial uses of nuclear energy. |
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(d) |
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loss resulting from any wrongful act or acts of any person who is a member of the
Board of Directors of the Insured or a member of any equivalent body by whatsoever name
known unless such person is also an Employee or an elected official, partial owner or
partner of the Insured in some other capacity, nor, in any event, loss resulting from the
act or acts of any person while acting in the capacity of a member of such Board or
equivalent body. |
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(e) |
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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). |
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(f) |
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loss resulting from any violation by the Insured or by any Employee |
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(1) |
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of law regulating (a) the issuance, purchase or sale of securities, (b)
securities transactions upon Security Exchanges or over the counter market, (c)
Investment Companies, or (d) Investment Advisors, or |
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(2) |
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of any rule or regulation made pursuant to any such law, unless such loss,
in the absence of such laws, rules or regulations, would be covered under Insuring
Agreements (A) or (E). |
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(g) |
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loss of Property or loss of privileges through the |
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misplacement or loss of Property as
set forth in Insuring Agreement (C) or (D) while the Property is in the custody of any
armored motor vehicle company, unless such loss shall be in excess of the amount recovered
or received by the Insured under (a) the Insureds contract with said armored motor vehicle
company, (b) insurance carried by said armored motor vehicle company for the benefit of
users of its service, and (c) all other insurance and indemnity in force in whatsoever form
carried by or for the benefit of users of said armored motor vehicle companys service, and
then this bond shall cover only such excess. |
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(h) |
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potential income, including but not limited to interest and dividends, not realized by
the Insured because of a loss covered under this bond, except as included under Insuring
Agreement (I). |
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(i) |
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all damages of any type for which the Insured is legally liable, except direct
compensatory damages arising from a loss covered under this bond. |
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(j) |
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loss through the surrender of Property away from an office of the Insured as a result
of a threat |
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(1) |
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to do bodily harm to any person, except loss of Property in transit in the
custody of any person acting as messenger provided that when such transit was
initiated there was no knowledge by the Insured of any such threat, or |
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(2) |
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to do damage to the premises or Property of the Insured, except when
covered under Insuring Agreement (A). |
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(k) |
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all costs, fees and other expenses
incurred by the Insured in establishing the
existence of or amount |
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of loss covered under this bond unless such indemnity is provided
for under Insuring Agreement (B). |
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(l) |
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loss resulting from payments made or withdrawals from the account of a customer of the
Insured, shareholder or subscriber to shares involving funds erroneously credited to such
account, unless such payments are made to or withdrawn by such depositor or representative
of such person, who is within the premises of the drawee bank of the Insured or within the
office of the Insured at the time of such payment or withdrawal or unless such payment is
covered under Insuring Agreement (A). |
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(m) |
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any loss resulting from Uncollectible Items of Deposit which are drawn from a financial
institution outside the fifty states of the United States of America, District of Columbia,
and territories and possessions of the United States of America, and Canada. |
SECTION 3. ASSIGNMENT OF RIGHTS
This bond does not afford coverage in favor of any Employers of temporary personnel or of
processors as set forth in sub-sections (6) and (7) of Section 1(a) of this bond, as aforesaid, and
upon payment to the Insured by the Underwriter on account of any loss through dishonest or
fraudulent act(s) including Larceny or Embezzlement committed by any of the partners, officers or
employees of such Employers, whether acting alone or in collusion with others, an assignment of
such of the Insureds rights and causes of action as it may have against such Employers by reason
of such acts so committed shall, to the extent of such payment, be
given by the Insured to the
Underwriter, and the
Insured shall execute all papers necessary to secure to the Underwriter the
rights herein provided for.
SECTION 4. LOSS -NOTICE -PROOF-
LEGAL
PROCEEDINGS
This bond is for the use and benefit only of the Insured named in the Declarations and the
Underwriter shall not be liable hereunder for loss sustained by anyone other than the Insured
unless the Insured, in its sole discretion and at its option, shall include such loss in the
Insureds proof of loss. At the earliest practicable moment after discovery of any loss hereunder
the Insured shall give the Underwriter written notice thereof and shall also within six months
after such discovery furnish to the Underwriter affirmative proof of loss with full particulars. If
claim is made under this bond for loss of securities or shares, the Underwriter shall not be liable
unless each of such securities or shares is identified in such proof of loss by a certificate or
bond number or, where such securities or shares are uncertificated, by such identification means as
agreed to by the Underwriter. The Underwriter shall have thirty days after notice and proof of loss
within which to investigate the claim, but where the loss is clear and undisputed, settlement shall
be made within forty-eight hours; and this shall apply notwithstanding the loss is made up wholly
or in part of securities of which duplicates may be obtained. Legal proceedings for recovery of any
loss hereunder shall not be brought prior to the expiration of sixty days after such proof of loss
is filed with the Underwriter nor after the expiration of twenty-four months from the discovery of
such loss, except that any action or proceeding to recover hereunder on account of any judgment
against the Insured in any suit mentioned in General Agreement C or to recover attorneys fees paid
in any such suit, shall be begun within twenty-four months from the date upon which the judgment in
such suit shall become final. If any limitation embodied in this bond is prohibited by
any law
controlling the construction hereof, such limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted by such law.
Discovery occurs when the Insured
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(a) |
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becomes aware of facts, or |
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(b) |
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receives written notice of an actual or potential claim by a third party which
alleges that the Insured is liable under circumstance |
which would cause a reasonable person to assume that a loss covered by the bond has been or will be
incurred even though the exact amount or details of loss may not be then
known.
SECTION 5. VALUATION OF PROPERTY
The value of any Property, except books of accounts or other records used by the Insured in
the conduct of its business, for the loss of which a claim shall be made hereunder, shall be
determined by the average market value of such Property on the business day next preceding the
discovery of such loss; provided, however, that the value of any Property replaced by the Insured
prior to the payment of claim therefor shall be the actual market value at the time of replacement;
and further provided that in case of a loss or misplacement of interim certificates, warrants,
rights, or other securities, the production which is necessary to the exercise of subscription,
conversion, redemption or deposit privileges, the value thereof shall be the market value of such
privileges immediately preceding the expiration thereof if said loss or misplacement is not
discovered until after their expiration. If no market price is quoted for such Property or for such
privileges, the value shall be fixed by agreement between the parties or by arbitration.
In case of any loss or damage to Property consisting of books of accounts or other records
used by the Insured in the conduct of its business, the Underwriter shall be liable
under this bond
only if such books or records are actually reproduced and then for not more than the cost of blank
books, blank pages or other materials plus the cost of labor for the actual transcription or
copying of data which shall have been furnished by the Insured in order to reproduce such books and
other records.
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SECTION 6. |
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VALUATION OF
PREMISES AND FURNISHINGS |
In case of damage to any office of the Insured, or loss of or damage to the furnishings,
fixtures, stationery, supplies, equipment, safes or vaults therein, the Underwriter shall not be
liable for more than the actual cash value thereof, or for more than the actual cost of their
replacement or repair. The Underwriter may, at its election, pay such actual cash value or make
such replacement or repair. If the Underwriter and the Insured cannot agree upon such cash value or
such cost of replacement or repair, such shall be determined by arbitration.
SECTION 7. LOST SECURITIES
If the Insured shall sustain a loss of securities the total value of which is in excess of the
limit stated in Item 3 of the Declarations of this bond, the liability of the Underwriter shall be
limited to payment for, or duplication of, securities having value equal to the limit stated in
Item 3 of the Declarations of this bond.
If the Underwriter shall make payment to the Insured for any loss of securities, the Insured
shall thereupon assign to the Underwriter all of the Insureds rights, title and interests in and
to said securities.
With respect to securities the value of which do not exceed the Deductible Amount (at the time
of the discovery of the loss) and for which the Underwriter may at its sole discretion and option
and at the request of the Insured issue a Lost Instrument Bond or Bonds to effect replacement
thereof, the Insured will pay the usual premium charged therefor and will indemnify the Underwriter
against all loss or expense that the
Underwriter may sustain because of the issuance of such Lost
Instrument Bond or Bonds.
With respect to securities the value of which exceeds the Deductible Amount (at the time of
discovery of the loss) and for which the Underwriter may issue or arrange for the issuance of a
Lost Instrument Bond or Bonds to effect replacement thereof, the Insured agrees that it will pay as
premium therefor a proportion of the usual premium charged therefor, said proportion being equal to
the percentage that the Deductible Amount bears to the value of the securities upon discovery of
the loss, and that it will indemnify the issuer of said Lost Instrument Bond or Bonds against all
loss and expense that is not recoverable from the Underwriter under the terms and conditions of
this INVESTMENT COMPANY BLANKET BOND subject to the Limit of Liability hereunder.
SECTION 8. SALVAGE
In case of recovery, whether made by the Insured or by the Underwriter, on account of any loss
in excess of the Limit of Liability hereunder plus the Deductible Amount applicable to such loss
from any source other than suretyship, insurance, reinsurance, security or indemnity taken by or
for the benefit of the Underwriter, the net amount of such recovery, less the actual costs and
expenses of making same, shall be applied to reimburse the Insured in full for the excess portion
of such loss, and the remainder, if any, shall be paid first in reimbursement of the Underwriter
and thereafter in reimbursement of the Insured for that part of such loss within the Deductible
Amount. The Insured shall execute all necessary papers to secure to the Underwriter the rights
provided for herein.
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SECTION 9. |
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NON-REDUCTION AND NON-
ACCUMULATION OF LIABILITY AND TOTAL LIABILITY |
At
all times prior to termination hereof this bond shall continue in force for the limit stated in the applicable
sections of Item 3 of the Declarations of this bond notwithstanding any
previous loss for which the Underwriter may have paid or be liable to pay hereunder; PROVIDED,
however, that regardless of the number of years this bond shall continue in force and the number of
premiums which shall be payable or paid, the liability of the Underwriter under this bond with
respect to all loss resulting from
|
(a) |
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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 |
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(b) |
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any one unintentional or negligent act on the part of any one person resulting in
damage to or destruction or misplacement of Property, shall be deemed to be one loss, or |
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(c) |
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all wrongful acts, other than those specified in (a) above, of any one person shall be
deemed to be one loss, or |
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(d) |
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all wrongful acts, other than those specified in (a) above, of one or more persons
(which dishonest act(s) or act(s) of Larceny or Embezzlement include, but are not limited
to, the failure of an Employee to report such acts of others) whose dishonest act or acts
intentionally or unintentionally, knowingly or unknowingly, directly or indirectly, aid or
aids in any way, or permits the continuation of, the dishonest act or acts of any other
person or persons shall be deemed to be one loss with the act or acts of the persons aided,
or |
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(e) |
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any one casualty or event other than those specified in (a), (b), (c) or (d) preceding,
shall be deemed to be one loss, and |
shall be limited to the applicable Limit of Liability stated in Item 3 of the Declarations of this
bond irrespective of the total amount of such loss or losses and
shall not be cumulative in
amounts
from year to year or from period to period.
Sub-section (c) is not applicable to any situation to which the language of sub-section (d)
applies.
SECTION 10. LIMIT OF LIABILITY
With respect to any loss set forth in the PROVIDED clause of Section 9 of this bond which is
recoverable or recovered in whole or in part under any other bonds or policies issued by the
Underwriter to the Insured or to any predecessor in interest of the Insured and terminated or
cancelled or allowed to expire and in which the period for discovery has not expired at the time
any such loss thereunder is discovered, the total liability of the Underwriter under this bond and
under other bonds or policies shall not exceed, in the aggregate, the amount carried hereunder on
such loss or the amount available to the Insured under such other bonds or policies, as limited by
the terms and conditions thereof, for any such loss if the latter amount be the larger.
SECTION 11. OTHER INSURANCE
If the Insured shall hold, as indemnity against any loss covered hereunder, any valid and
enforceable insurance or suretyship, the Underwriter shall be liable hereunder only for such amount
of such loss which is in excess of the amount of such other insurance or suretyship, not exceeding,
however, the Limit of Liability of this bond applicable to such loss.
SECTION 12. DEDUCTIBLE
The Underwriter shall not be liable under any of the Insuring Agreements of this bond on
account of loss as specified, respectively, in sub-sections (a), (b), (c), (d) and (e) of Section
9, NON-REDUCTION AND NON- ACCUMULATION OF LIABILITY AND TOTAL LIABILITY, unless the amount of such
loss, after deducting the net amount of all reimbursement and/or recovery obtained or made by the
Insured, other than from any bond or policy
of insurance issued by an insurance company and
covering such loss, or by the Underwriter on account thereof prior to payment by the Underwriter of
such loss, shall exceed the Deductible Amount set forth in Item 3 of the Declarations hereof
(herein called Deductible Amount) and then for such excess only, but in no event for more than the
applicable Limit of Liability stated in Item 3 of the Declarations.
The Insured will bear, in addition to the Deductible Amount, premiums on Lost Instrument Bonds
as set forth in Section 7.
There shall be no deductible applicable to any loss under Insuring Agreement A sustained by
any Investment Company named as Insured herein.
SECTION 13. TERMINATION
The Underwriter may terminate this bond as an entirety by furnishing written notice specifying
the termination date which cannot be prior to 60 days after the receipt of such written notice by
each Investment Company named as Insured and the Securities and Exchange Commission, Washington,
D.C. The Insured may terminate this bond as an entirety by furnishing written notice to the
Underwriter. When the Insured cancels, the Insured shall furnish written notice to the Securities
and Exchange Commission, Washington. D.C. prior to 60 days before the effective date of the
termination. The Underwriter shall notify all other Investment Companies named as Insured of the
receipt of such termination notice and the termination cannot be effective prior to 60 days after
receipt of written notice by all other Investment Companies. Premiums are earned until the
termination date as set forth herein.
This Bond will terminate as to any one Insured immediately upon taking over of such Insured by
a receiver or other liquidator or by State or Federal officials, or immediately upon the filing of
a petition under any State or Federal statute relative to bankruptcy or reorganization of the
Insured, or assignment for the benefit of creditors of the Insured.
or immediately upon such
Insured ceasing to exist, whether through merger into another entity, or by disposition of all of
its assets.
The Underwriter shall refund the unearned premium computed at short rates in accordance with
the standard short rate cancellation tables if terminated by the Insured or pro rata if terminated
for any other reason.
This Bond shall terminate
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(a) |
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as to any Employee as soon as any partner, officer or supervisory Employee of the
Insured, who is not in collusion with such Employee, shall learn of any dishonest or
fraudulent act(s), including Larceny or Embezzlement on the part of such Employee without
prejudice to the loss of any Property then in transit in the custody of such Employee
(See Section 16[d]), or |
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(b) |
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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 |
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(c) |
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as to any person, who is a partner, officer or employee of any Electronic Data
Processor covered under this bond, from and after the time that the Insured or any
partner or officer thereof not in collusion with such person shall have knowledge 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. |
SECTION 14. RIGHTS AFTER TERMINATION OR CANCELLATION
At any time prior to the termination or cancellation of this bond as an entirety, whether by
the Insured or the Underwriter, the Insured may give to the Underwriter notice that it desires
under this bond an additional period of 12 months within which to discover loss sustained by the
Insured prior to the effective date of such termination or cancellation and shall pay an additional
premium therefor.
Upon receipt of such notice from the Insured, the Underwriter shall give its written consent
thereto; provided, however, that such additional period of time shall terminate immediately;
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(a) |
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on the effective date of any other insurance obtained by the Insured, its successor
in business or any other party, replacing in whole or in part the insurance afforded by
this bond, whether or not such other insurance provides coverage for loss sustained prior
to its effective date, or |
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(b) |
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upon takeover of the Insureds business by any State or Federal official or agency,
or by any receiver or liquidator, acting or appointed for this purpose |
without the necessity of the Underwriter giving notice of such termination. In the event that such
additional period of time is terminated, as provided above, the Underwriter shall refund any
unearned premium.
The right to purchase such additional period for the discovery of loss may not be exercised by
any State or Federal official or agency, or by any receiver or liquidator, acting or appointed to
take over the Insureds business for the operation or for the liquidation thereof or for any other
purpose.
SECTION 15. CENTRAL HANDLING OF SECURITIES
Securities included in the systems for the central handling of securities established and
maintained by Depository Trust Company, Midwest Depository Trust Company, Pacific
Securities
Depository Trust Company, and Philadelphia Depository Trust Company, hereinafter called
Corporations, to the extent of the Insureds interest therein as effective by the making of
appropriate entries on the books and records of such Corporations shall be deemed to be Property.
The words Employee and Employees shall be deemed to include the officers, partners, clerks
and other employees of the New York Stock Exchange, Boston Stock Exchange, Midwest Stock Exchange,
Pacific Stock Ex- change and Philadelphia Stock Exchange, hereinafter called Exchanges, and of the
above named Corporations, and of any nominee in whose name is registered any security included
within the systems for the central handling of securities established and maintained by such
Corporations, and any employee of any recognized service company, while such officers, partners,
clerks and other employees and employees of service companies perform services for such
Corporations in the operation of such systems. For the purpose of the above definition a recognized
service company shall be any company providing clerks or other personnel to said Exchanges or
Corporation on a contract basis.
The Underwriter shall not be liable on account of any loss(es) in connection with the central
handling of securities within the systems established and maintained by such Corporations, unless
such loss(es) shall be in excess of the amount(s) recoverable or recovered under any bond or policy
of insurance indemnifying such Corporations, against such loss(es), and then the Underwriter shall
be liable hereunder only for the Insureds share of such excess loss(es), but in no event for more
than the Limit of Liability
applicable hereunder.
For the purpose of determining the Insureds share of excess loss(es) it shall be deemed that
the Insured has an interest in any certificate representing any security included within such
systems equivalent to the interest the Insured then has in all certificates representing the same
security included
within such systems and that such Corporations shall use their best judgement in
apportioning the amount(s) recoverable or recovered under any bond or policy of insurance
indemnifying such Corporations against such loss(es) in connection with the central handling of
securities within such systems among all those having an interest as recorded by appropriate
entries in the books and records of such Corporations in Property involved in such loss(es) on the
basis that each such interest shall share in the amount(s) so recoverable or recovered in the ratio
that the value of each such interest bears to the total value of all such interests and that the
Insureds share of such excess loss(es) shall be the amount of the Insureds interest in such
Property in excess of the amount(s) so apportioned to the Insured by such Corporations.
This bond does not afford coverage in favor of such Corporations or Exchanges or any nominee
in whose name is registered any security included within the systems for the central handling of
securities established and maintained by such Corporations, and upon payment to the Insured by the
Underwriter on account of any loss(es) within the systems, an assignment of such of the Insureds
rights and causes of action as it may have against such Corporations or Exchanges shall to the
extent of such payment, be given by the Insured to the Underwriter, and the Insured shall execute
all papers necessary to secure to the Underwriter the rights provided for herein.
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SECTION 16. |
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ADDITIONAL COMPANIES
INCLUDED AS INSURED |
If more than one corporation, co-partnership or person or any combination of them be included
as the Insured herein:
|
(a) |
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the total liability of the Underwriter hereunder for loss or losses sustained by
any one or more or all of them shall not exceed the limit for which the Underwriter would
be liable hereunder if all such loss were |
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sustained by any one of them, |
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(b) |
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the one first named herein shall be deemed authorized to make, adjust and receive
and enforce payment of all claims hereunder and shall be deemed to be the agent of the
others for such purposes and for the giving or receiving of any notice required or
permitted to be given by the terms hereof, provided that the Underwriter shall furnish
each named Investment Company with a copy of the bond and with any amendment thereto,
together with a copy of each formal filing of the settlement of each such claim prior to
the execution of such settlement, |
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(c) |
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the Underwriter shall not be responsible for the proper application of any payment
made hereunder to said first named Insured, |
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(d) |
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knowledge possessed or discovery made by any partner, officer or 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 |
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(e) |
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if the first named Insured ceases for any reason to be covered under this bond,
then the Insured next named shall thereafter be considered as the first named Insured for
the purposes of this bond. |
SECTION 17. NOTICE AND CHANGE OF CONTROL
Upon the Insureds obtaining knowledge of a transfer of its outstanding voting securities
which results in a change in control (as set forth in Section 2(a) (9) of the Investment Company
Act of 1940) of the Insured, the Insured shall within thirty (30) days of such knowledge give
written notice to the Underwriter setting forth:
|
(a) |
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the names of the transferors and transferees |
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(or the names of the beneficial owners
if the voting securities are requested in another name), and |
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(b) |
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the total number of voting securities owned by the transferors and the transferees
(or the beneficial owners), both immediately before and after the transfer, and |
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(c) |
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the total number of outstanding voting securities. |
As used in this section, control means the power to exercise a controlling influence over the
management or policies of the Insured.
Failure to give the required notice shall result in termination of coverage of this bond,
effective upon the date of stock transfer for any loss in which any transferee is concerned or
implicated.
Such notice is not required to be given in the case of an Insured which is an Investment
Company.
SECTION 18. CHANGE OR MODIFICATION
This bond or any instrument amending or effecting same may not be changed or modified orally.
No changes in or modification thereof shall be effective unless made by written endorsement issued
to form a part hereof over the signature of the Underwriters Authorized Representative. When a
bond covers only one Investment Company no change or modification which would adversely affect the
rights of the Investment Company shall be effective prior to 60 days after written notification has
been furnished to the Securities and Exchange Commission, Washington, D.C. by the Insured or by the
Underwriter. If more than one Investment Company is named as the Insured herein, the Underwriter
shall give written notice to each Investment Company and to the Securities and Exchange Commission,
Washington, D.C. not less than 60 days prior to the
effective date of any change or modification
which would adversely affect the rights of such
Investment Company.
IN WITNESS WHEREOF, the Underwriter has caused this bond to be executed on the Declarations Page.
ENDORSEMENT # 1
This rider, effective 12:01 May 1, 2009 forms
a part of
bond number 01-837-24-79
issued to ALLIED CAPITAL CORPORATION
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by |
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National Union Fire Insurance Company of Pittsburgh, Pa. |
DISTRICT OF COLUMBIA RIDER
It is agreed that:
1. |
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An additional paragraph as follows is added as the final paragraph to the Section entitled
Termination or Cancelation: |
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In the event that the Underwriter/Company proposes to refuse to renew this bond/policy
upon its expiration date the Underwriter/Company shall give written notice to the Insured
at least 30 days prior to the expiration date. |
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This rider/endorsement is effective as of the time the attached bond/policy is effective. |
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By
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AUTHORIZED REPRESENTATIVE |
SR 6179b
COPY
ENDORSEMENT # 2
This rider, effective 12:01 May 1, 2009 forms
a part of
bond number 01-837-24-79
issued to ALLIED CAPITAL CORPORATION
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by |
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National Union Fire Insurance Company of Pittsburgh, Pa. |
NOTICE OF CLAIM
(REPORTING BY E-MAIL)
In consideration of the premium charged, it is hereby understood and agreed as follows:
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Email Reporting of Claims : In addition to the postal address set forth for any Notice of
Claim Reporting under this policy, such notice may also be given in writing pursuant to the
policys other terms and conditions to the Insurer by email at the following email address: |
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c-claim@aig.com |
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Your email must reference the policy number for this policy. The date of the Insurers
receipt of the emailed notice shall constitute the date of notice. |
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In addition to Notice of Claim Reporting via email, notice may also be given to the Insurer
by mailing such notice to: c-Claim for Financial Lines, AIG Domestic Claims, Inc., 175
Water Street, 9th Floor, New York, New York 10038 or faxing such notice to (866) 227-1750. |
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Definitions : For this endorsement only, the following definitions shall apply: |
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Insurer means the Insurer, Underwriter or Company or other name
specifically ascribed in this policy as the insurance company or underwriter for this
policy. |
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(b) |
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Notice of Claim Reporting means notice of claim/circumstance, notice of
loss or other reference in the policy designated for reporting of claims, loss or
occurrences or situations that may give rise or result in loss under this policy. |
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(c) |
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Policy means the policy, bond or other insurance product to which this
endorsement is attached. |
COPY
ENDORSEMENT # 2-Continued
3. |
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This endorsement does not apply to any Kidnap & Ransom/Extortion Coverage Section, if any,
provided by this policy. |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
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By
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AUTHORIZED REPRESENTATIVE |
99758 (8/08)
COPY
ENDORSEMENT # 3
This rider, effective 12:01 May 1, 2009 forms
a part of
bond number 01-837-24-79
issued to ALLIED CAPITAL CORPORATION
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by |
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National Union Fire Insurance Company of Pittsburgh, Pa. |
COMPUTER SYSTEMS FRAUD INSURING AGREEMENT
It is agreed that:
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The attached bond is amended by adding an insuring agreement as follows: |
COMPUTER SYSTEMS FRAUD
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Loss resulting from a fraudulent |
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entry of electronic data or computer program into, or |
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2) |
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change of electronic data or computer program within |
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any computer system operated by the insured, whether owned or leased; or any computer
system identified in the application for this bond; or a computer system first used by the
insured during the bond period, as provided general agreement b of this bond; |
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provided that the entry or change causes |
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property to be transferred, paid or delivered, |
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ii) |
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an account of the insured, or of its customer, to be added, deleted,
debited or credited, or |
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iii) |
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an unauthorized account or a fictitious account to be debited or credited. |
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In this insuring agreement, fraudulent entry or change shall include such entry or change
made by an employee of the insured acting in good faith on an instruction from a software
contractor who has a written agreement with the insured to design, implement or service
programs for a Computer System covered by this Insuring Agreement. |
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In addition to the Conditions and limitations in this bond, the following, applicable to the
computer systems fraud insuring agreement, are added: |
SR 6196
COPY
ENDORSEMENT # 3-Continued
DEFINITIONS
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Computer Program means a set of related electronic instructions which direct
the operations and functions of a computer or devices connected to it which enable the
computer or devices to receive, process, store or send Electronic Data; |
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(B) |
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Computer System means |
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Computers with related peripheral components, including
storage compartments wherever located, |
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systems and applications software, |
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terminal devices, and |
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(4) |
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related communication networks |
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by which Electronic Data are electronically collected, transmitted, processed, stored and
retrieved; |
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Electronic Data means facts or information converted to a form usable in a
Computer System by Computer Programs, and which is stored on magnetic tapes or disks,
or optical storage disks or other bulk media. |
EXCLUSIONS
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loss resulting directly or indirectly from the assumption of liability by the
Insured by contract unless the other liability arises from a loss covered by the
Computer Systems Fraud Insuring Agreement and would be imposed on the Insured
regardless of the existence of the contract; |
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(B) |
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loss resulting directly or indirectly from negotiable instruments,
securities, documents or other written instruments which bear a forged signature, or
are counterfeit, altered or otherwise fraudulent and which are used as source
documentation in the preparation of Electronic Data or manually keyed into a data
terminal; |
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loss resulting directly or indirectly from |
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mechanical failure, faulty construction, error in design,
latent defect, fire, wear or tear, gradual deterioration, or electrical
disturbance or electrical surge which affects a Computer System, or |
COPY
ENDORSEMENT # 3-Continued
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failure or breakdown of electronic data processing media, or |
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error or omission in programming or processing; |
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loss resulting directly or indirectly from the input of Electronic Data into
a Computer System terminal device either on the premises of a customer of the Insured
or under the control of such a customer by a person who had authorized access to the
customers authentication mechanism; |
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loss resulting directly or indirectly from the theft of confidential
information. |
SERIES OF LOSSES
All loss or series of losses involving the fraudulent acts of one individual, or involving
fraudulent acts in which one individual is implicated, whether or not that individual is
specifically identified, shall be treated as a Single Loss and subject to the Single Loss Limits of
Liability. A series of losses involving unidentified individuals but arising from the same method
of operation shall be deemed to involve the same individual and in that event shall be treated as a
Single Loss and subject to the Single Loss Limit of Liability.
3. |
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The exclusion below, as found in financial bonds forms 14 and 25, does not apply to the
Computer Systems Fraud Insuring Agreement. |
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loss involving any Uncertificated Security except an Uncertificated Security of any
Federal Reserve Bank of the United States or when covered under Insuring Agreement (A); |
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By
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AUTHORIZED REPRESENTATIVE |
SR 6196
COPY
ENDORSEMENT # 4
This rider, effective 12:01 May 1, 2009 forms
a part of
bond number 01-837-24-79
issued to ALLIED CAPITAL CORPORATION
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by |
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National Union Fire Insurance Company of Pittsburgh, Pa. |
TELEFACSIMILE TRANSFER FRAUD
1. |
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The attached bond is amended by adding an additional insuring Agreement as Follows: |
TELEFACSIMILE TRANSFER FRAUD
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Loss resulting from the insured having, in good faith, transferred or delivered funds or
securities through a Computer System covered under the terms of the Computer Systems
Insuring Agreement in reliance upon a fraudulent instruction received Through a
Telefacsimile Device, and which instruction |
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purports and reasonably appears to have originated from |
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a customer of the insured, |
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another financial institution, or |
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(c) |
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another office of the insured |
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but, in fact, was not originated by the Customer or entity whose identification It
bears and |
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contains a valid test code which proves to have been used by a person who was
not authorized to make use of it and, |
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contains the name of a person authorized to initiate such transfer; and, |
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Provided that, if the transfer was in excess of $50,000, the instruction was verified by a
call-back according to prearranged procedure. |
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In this insuring Agreement, Customer means an entity or individual which has a Written
agreement with the insured authorizing the insured to rely on Telefacsimile Device
instructions to initiate such transfers and has provided the Insured with the Names of
persons authorized to initiate such transfers, and with which the insured Has established
an instruction verification mechanism, and Funds means money on deposit in an account. |
COPY
ENDORSEMENT # 4-Continued
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In addition to the Conditions and Limitations in the bond and Computer Systems Insuring
Agreement Rider, the following provisions are applicable to the Telefacsimile Transfer Fraud
Insuring Agreement: |
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Telefacsimile device means a machine capable of sending or receiving a duplicate Image of a
document by means of electronic impulses transmitted through a Telephone line and which
reproduces that duplicate image on paper. |
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This Insuring Agreement does not cover loss resulting directly or indirectly from the
Assumption of liability by the insured by contract unless the liability arises from a Loss
covered by the Telefacsimile Transfer Fraud Insuring Agreement and would be Imposed on the
insured regardless of the existence of the contract. |
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Proof of loss for claim under the Telefacsimile Transfer Fraud Insuring Agreement Must
include a copy of the document reproduced by the Telefacsimile Device. |
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3. |
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The exclusion below, as found in this financial institutions bond, does not apply to The
Computer Systems Fraud Insuring Agreement. |
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loss involving any Uncertificated Security except an Uncertificated Security of any
Federal Reserve Bank of the United States or when covered under Insuring Agreement (A); |
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By
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AUTHORIZED REPRESENTATIVE |
COPY
ENDORSEMENT # 5
This rider, effective 12:01 May 1, 2009 forms
a part of
bond number 01-837-24-79
issued to ALLIED CAPITAL CORPORATION
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by |
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National Union Fire Insurance Company of Pittsburgh, Pa. |
VOICE INITIATED FUNDS TRANSFERS
It is agreed that:
1. |
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The attached bond is amended by adding an additional insuring Agreement as follows: |
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Loss resulting directly from the insured having transferred any funds on the faith of any
voice initiated funds transfer instructions directed to the Insured authorizing the
transfer of funds in a customers account to other financial institutions for credit to
persons designated by the customer, and which instructions were made over the telephone to
those employees of the insured specifically authorized to receive said instructions at the
insureds offices, and fraudulently purport to have been made by a person authorized and
appointed by a customer to request by telephone the transfer of such funds, but which
instructions were not made by said customer, or by any officer, director, partner, or
employee of said customer, or were fraudulently made by an officer, director, partner, or
employee of said customer whose duty, responsibility or authority did not permit him to
make, initiate, authorize, validate, or authenticate customer voice initiated transfer
instruction, which fraudulent acts were committed by said person who intended to cause the
insured, or the customer, to sustain such loss and to obtain personal financial benefit for
such person or another person or entity. |
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Proof of loss filed as a direct result of claims arising from voice instructions or advices
covered under this Insuring Agreement must include electronic recordings of such voice
instructions or advices. Electronic recording must also include call back verification of
such voice instruction. |
COPY
ENDORSEMENT # 5-Continued
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Special Definition |
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Customer as used in this Insuring Agreement means any corporate, partnership or trust
customer or similar business entity which has a written agreement with the insured for
customer voice initiated funds transfers. |
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2. |
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The Underwriters total liability under this rider shall be limited to each $2,500,00 and
every loss and $2,500,00 in the aggregate, it being understood, however, that such liability
is part of and not in addition to the limits of liability stated in sections 3 and 4 of the
Declarations, and is subject to an each and every loss deductible of $50,000. |
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
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By
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AUTHORIZED REPRESENTATIVE |
COPY
ENDORSEMENT # 6
This rider, effective 12:01 May 1,
2009 forms a part of
bond number 01-837-24-79
issued to ALLIED CAPITAL CORPORATION
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by |
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National Union Fire Insurance Company of Pittsburgh, Pa. |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE TERRITORY ENDORSEMENT
Payment of loss under this policy shall only be made in full compliance with all United States of
America economic or trade sanction laws or regulations, including, but not limited to, sanctions,
laws and regulations administered and enforced by the U.S. Treasury Departments Office of Foreign
Assets Control (OFAC).
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By
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AUTHORIZED REPRESENTATIVE |
89644 7/05
COPY
ENDORSEMENT # 7
This rider, effective 12:01 May 1, 2009 forms
a part of
bond number 01-837-24-79
issued to ALLIED CAPITAL CORPORATION
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by |
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National Union Fire Insurance Company of Pittsburgh, Pa. |
FORMS INDEX ENDORSEMENT
The contents of the Policy is comprised of the following forms:
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FORM NUMBER |
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EDITION |
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FORM TITLE |
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DATE |
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MNSCPT
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INVESTMENT COMPANY BLANKET BOND DEC |
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41206
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09/84
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INVESTMENT COMPANY BLANKET BOND GUTS |
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SR 6179b
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DISTRICT OF COLUMBIA RIDER |
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99758
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08/08
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NOTICE OF CLAIM |
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SR 6196
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COMPUTER SYSTEMS FRAUD INSURING AGREEMENT |
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MNSCPT
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TELEFACSIMILE TRANSFER FRAUD |
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MNSCPT
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VOICE INITIATED FUNDS TRANSFERS |
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89644
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07/05
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COVERAGE TERRITORY ENDORSEMENT |
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MNSCPT
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FORMS INDEX ENDORSEMENT |
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ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
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By
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AUTHORIZED REPRESENTATIVE |
COPY