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Chubb
Group of Insurance
Companies
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DECLARATIONS
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FINANCIAL
INSTITUTION INVESTMENT
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15
Mountain View Road, Warren,
New Jersey 07059
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COMPANY
ASSET PROTECTION BOND
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NAME
OF ASSURED (including its
Subsidiaries):
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Bond
Number: 81952296
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TORTOISE
CAPITAL RESOURCES
CORPORATION
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FEDERAL
INSURANCE
COMPANY
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10801
MASTIN BOULEVARD SUITE
222
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Incorporated
under the laws of
Indiana
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OVERLAND
PARK, KS
66210
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a
stock insurance company herein
called the COMPANY
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Capital
Center, 251 North
Illinois, Suite 1100
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Indianapolis,
IN
46204-1927
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ITEM
1.
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BOND
PERIOD:
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from
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12:01
a.m. on
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February
25, 2008
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to
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12:01
a.m. on
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February
25, 2009
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ITEM
2.
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LIMITS
OF LIABILITY--DEDUCTIBLE
AMOUNTS:
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If
“Not
Covered” is inserted
below opposite any specified INSURING CLAUSE, such INSURING CLAUSE
and
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any
other reference shall be
deemed to be deleted. There
shall be no
deductible applicable to any loss
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under
INSURING CLAUSE 1.
sustained by any Investment Company.
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DEDUCTIBLE
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INSURING
CLAUSE
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LIMIT OF
LIABILITY
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AMOUNT
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1.
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Employee
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$
600,000
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$
10,000
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2.
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On
Premises
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$
600,000
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$
10,000
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3.
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In
Transit
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$
600,000
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$
10,000
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4.
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Forgery or
Alteration
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$
600,000
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$
10,000
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5.
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Extended
Forgery
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$
600,000
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$
10,000
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6.
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Counterfeit
Money
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$
600,000
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$
10,000
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7.
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Threats to
Person
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$ Not
Covered
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$
N/A
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8.
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Computer
System
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$
600,000
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$
10,000
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9.
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Voice
Initiated Funds Transfer Instruction
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$
600,000
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$
10,000
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10.
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Uncollectible
Items of Deposit
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$
600,000
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$
10,000
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11.
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Audit
Expense
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$
25,000
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$
10,000
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ITEM
3.
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THE
LIABILITY OF THE COMPANY IS
ALSO SUBJECT TO THE TERMS OF THE FOLLOWING
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ENDORSEMENTS
EXECUTED
SIMULTANEOUSLY HEREWITH:
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1,2,3,4
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IN
WITNESS WHEREOF, THE
COMPANY has
caused this Bond to be signed by its authorized officers, but it
shall not
be
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valid
unless also signed by an
authorized representative of the Company.
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ICAP
Bond (5-98) - Federal
Form
17-02-1421 (Ed. 5-98) Page 1 of 1
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The
COMPANY, in consideration of
payment of the required premium, and in reliance
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on
the APPLICATION and all other
statements made and information furnished to the
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COMPANY
by the ASSURED, and
subject to the DECLARATIONS made a part of this
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Bond
and to all other terms and
conditions of this Bond, agrees to pay the ASSURED
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for:
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Insuring
Clauses
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Employee
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1.
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Loss
resulting directly from
Larceny
or
Embezzlement
committed
by any
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Employee,
alone or in collusion with
others.
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On
Premises
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2.
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Loss
of Property
resulting
directly from robbery, burglary, false pretenses,
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common
law or statutory larceny,
misplacement, mysterious unexplainable
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disappearance,
damage,
destruction or removal, from the possession, custody or
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control
of the ASSURED, while
such Property
is
lodged
or deposited at premises
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located
anywhere.
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In
Transit
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3.
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Loss
of Property
resulting
directly from common law or statutory larceny,
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misplacement,
mysterious
unexplainable disappearance, damage or destruction,
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while
the Property
is
in
transit anywhere:
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a.
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in
an armored motor vehicle,
including loading and unloading thereof,
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b.
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in
the custody of a natural
person acting as a messenger of the ASSURED,
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or
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c.
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in
the custody of a Transportation
Company
and
being
transported in a
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conveyance
other than an armored
motor vehicle provided, however, that
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covered
Property
transported
in such manner is limited to the following:
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(1)
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written
records,
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(2)
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securities
issued in registered
form, which are not endorsed or are
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restrictively
endorsed,
or
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(3)
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negotiable
instruments not
payable to bearer, which are not endorsed
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or
are restrictively
endorsed.
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Coverage
under this INSURING
CLAUSE begins immediately on the receipt of
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such
Property
by
the
natural person or Transportation
Company
and
ends
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immediately
on delivery to the
premises of the addressee or to any representative
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of
the addressee located
anywhere.
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ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 1 of 19
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(continued)
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Forgery
Or
Alteration
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4.
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Loss
resulting directly
from:
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a.
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Forgery
on,
or
fraudulent material alteration of, any bills of exchange,
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checks,
drafts, acceptances,
certificates of deposits, promissory notes, due
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bills,
money orders, orders upon
public treasuries, letters of credit, other
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written
promises, orders or
directions to pay sums certain in money, or
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receipts
for the withdrawal of
Property,
or
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b.
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transferring,
paying or
delivering any funds or other Property,
or establishing
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any
credit or giving any value in
reliance on any written instructions, advices
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or
applications directed to the
ASSURED authorizing or acknowledging the
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transfer,
payment, delivery or
receipt of funds or other Property,
which
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instructions,
advices or
applications fraudulently purport to bear the
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handwritten
signature of any
customer of the ASSURED, or shareholder or
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subscriber
to shares of an
Investment
Company,
or
of any financial
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institution
or Employee
but
which
instructions, advices or applications either
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bear
a Forgery
or
have
been fraudulently materially altered without the
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knowledge
and consent of such
customer, shareholder, subscriber, financial
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institution
or Employee;
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excluding,
however, under this
INSURING CLAUSE any loss covered under
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INSURING
CLAUSE 5. of this Bond,
whether or not coverage for INSURING
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CLAUSE
5. is provided for in the
DECLARATIONS of this Bond.
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For
the purpose of this INSURING
CLAUSE, a mechanically reproduced facsimile
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signature
is treated the same as
a handwritten signature.
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Extended
Forgery
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5.
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Loss
resulting directly from the
ASSURED having, in good faith, and in the
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ordinary
course of business, for
its own account or the account of others in any
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capacity:
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a.
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acquired,
accepted or received,
accepted or received, sold or delivered, or
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given
value, extended credit or
assumed liability, in reliance on any original
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Securities,
documents or
other written instruments which
prove to:
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(1)
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bear
a Forgery
or
a
fraudulently material alteration,
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(2)
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have
been lost or stolen,
or
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(3)
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be
Counterfeit,
or
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b.
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guaranteed
in writing or
witnessed any signatures on any transfer,
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assignment,
bill of sale, power
of attorney, guarantee, endorsement or other
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obligation
upon or in connection
with any Securities,
documents or
other
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written
instruments.
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Actual
physical possession, and
continued actual physical possession if taken as
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collateral,
of such Securities,
documents or
other written instruments by
an
|
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Employee,
Custodian,
or a Federal or State chartered deposit institution of the
|
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ASSURED
is a condition precedent
to the ASSURED having relied on such items.
|
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Release
or return of such
collateral is an acknowledgment by the ASSURED that it
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no
longer relies on such
collateral.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 2 of 19
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Extended
Forgery
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For
the purpose of this INSURING
CLAUSE, a mechanically reproduced facsimile
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(continued)
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signature
is treated the same as
a handwritten signature.
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Counterfeit
Money
|
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6.
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Loss
resulting directly from the
receipt by the ASSURED in good faith of any
|
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Counterfeit
money.
|
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Threats
To
Person
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7.
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Loss
resulting directly from
surrender of Property
away
from
an office of the
|
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ASSURED
as a result of a threat
communicated to the ASSURED to do bodily
|
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harm
to an Employee
as
defined
in Section 1.e. (1), (2) and (5), a Relative
or
|
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invitee
of such Employee,
or a resident of the household
of such Employee,
who
|
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is,
or allegedly is, being held
captive provided, however, that prior to the surrender
|
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of
such Property:
|
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a.
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the
Employee
who
receives the threat has made a reasonable effort to
|
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notify
an officer of the ASSURED
who is not involved in such threat, and
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b.
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the
ASSURED has made a reasonable
effort to notify the Federal Bureau of
|
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Investigation
and local law
enforcement authorities concerning such threat.
|
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It
is agreed that for purposes of
this INSURING CLAUSE, any Employee
of
the
|
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ASSURED,
as set forth in the
preceding paragraph, shall be deemed to be an
|
||||
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ASSURED
hereunder, but only with
respect to the surrender of money, securities
|
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and
other tangible personal
property in which such Employee
has
a legal
or
|
||||
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equitable
interest.
|
||||
|
||||||||
|
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Computer
System
|
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8.
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Loss
resulting directly from
fraudulent:
|
||||
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a.
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entries
of data into,
or
|
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||||||||
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b.
|
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changes
of data elements or
programs within,
|
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a
Computer
System,
provided the fraudulent entry or change causes:
|
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|
||||||||
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(1)
|
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funds
or other property to be
transferred, paid or delivered,
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||||||||
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(2)
|
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an
account of the ASSURED or of
its customer to be added, deleted,
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debited
or credited,
or
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||||||||
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(3)
|
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an
unauthorized account or a
fictitious account to be debited or
|
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credited.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 3 of 19
|
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(continued)
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|
||||||
Voice
Initiated
Funds
|
|
9.
|
|
Loss
resulting directly from
Voice
Initiated Funds Transfer Instruction directed
|
||
Transfer
Instruction
|
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|
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to
the ASSURED authorizing the
transfer of dividends or redemption proceeds of
|
||
|
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|
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Investment
Company
shares
from
a Customer's
account,
provided such Voice
|
||
|
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|
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Initiated
Funds Transfer
Instruction was:
|
||
|
||||||
|
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|
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a.
|
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received
at the ASSURED'S offices
by those Employees
of
the
ASSURED
|
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specifically
authorized to
receive the Voice
Initiated Funds
Transfer
|
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Instruction,
|
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||||||
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b.
|
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made
by a person purporting to be
a Customer,
and
|
|
||||||
|
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|
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c.
|
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made
by said person for the
purpose of causing the ASSURED or Customer
|
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|
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to
sustain a loss or making an
improper personal financial gain for such
|
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|
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person
or any other
person.
|
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|
|
In
order for coverage to apply
under this INSURING CLAUSE, all Voice
Initiated
|
||
|
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|
|
Funds
Transfer
Instructions must
be received and processed in
accordance with
|
||
|
|
|
|
the
Designated Procedures
outlined in the APPLICATION furnished to the
|
||
|
|
|
|
COMPANY.
|
||
|
||||||
|
||||||
Uncollectible
Items
of
|
|
10.
|
|
Loss
resulting directly from the
ASSURED having credited an account of a
|
||
Deposit
|
|
|
|
customer,
shareholder or
subscriber on the faith of any Items
of Deposit
which
|
||
|
|
|
|
prove
to be uncollectible,
provided that the crediting of such account causes:
|
||
|
||||||
|
|
|
|
a.
|
|
redemptions
or withdrawals to be
permitted,
|
|
|
|
|
b.
|
|
shares
to be issued,
or
|
|
||||||
|
|
|
|
c.
|
|
dividends
to be paid,
|
|
|
|
|
from
an account of an
Investment
Company.
|
||
|
||||||
|
|
|
|
In
order for coverage to apply
under this INSURING CLAUSE, the ASSURED must
|
||
|
|
|
|
hold
Items
of Deposit
for
the
minimum number of days stated in the
|
||
|
|
|
|
APPLICATION
before permitting any
redemptions or withdrawals, issuing any
|
||
|
|
|
|
shares
or paying any dividends
with respect to such Items
of
Deposit.
|
||
|
||||||
|
|
|
|
Items
of Deposit
shall
not
be deemed uncollectible until the ASSURED'S
|
||
|
|
|
|
standard
collection procedures
have failed.
|
||
|
||||||
|
||||||
Audit
Expense
|
|
11.
|
|
Expense
incurred by the ASSURED
for that part of the cost of audits or
|
||
|
|
|
|
examinations
required by any
governmental regulatory authority or self-regulatory
|
||
|
|
|
|
organization
to be conducted by
such authority, organization or their appointee by
|
||
|
|
|
|
reason
of the discovery of loss
sustained by the ASSURED and covered by this
|
||
|
|
|
|
Bond.
|
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 4 of 19
|
|
|
|
|
|
|
|
|
||||||
Additional
Companies
|
|
A.
|
|
If
more than one corporation, or
Investment
Company,
or
any combination of
|
||
Included
As
Assured
|
|
|
|
them
is included as the ASSURED
herein:
|
||
|
|
|
|
(1)
|
|
The
total liability of the
COMPANY under this Bond for loss or losses
|
|
|
|
|
|
|
sustained
by any one or more or
all of them shall not exceed the limit for
|
|
|
|
|
|
|
which
the COMPANY would be liable
under this Bond if all such loss were
|
|
|
|
|
|
|
sustained
by any one of
them.
|
|
||||||
|
|
|
|
(2)
|
|
Only
the first named ASSURED
shall be deemed to be the sole agent of the
|
|
|
|
|
|
|
others
for all purposes under
this Bond, including but not limited to the giving
|
|
|
|
|
|
|
or
receiving of any notice or
proof required to be given and for the purpose of
|
|
|
|
|
|
|
effecting
or accepting any
amendments to or termination of this Bond. The
|
|
|
|
|
|
|
COMPANY
shall furnish each
Investment
Company with
a copy of the
|
|
|
|
|
|
|
Bond
and with any amendment
thereto, together with a copy of each formal
|
|
|
|
|
|
|
filing
of claim by any other
named ASSURED and notification of the terms of
|
|
|
|
|
|
|
the
settlement of each such claim
prior to the execution of such settlement.
|
|
||||||
|
|
|
|
(3)
|
|
The
COMPANY shall not be
responsible for the proper application of any
|
|
|
|
|
|
|
payment
made hereunder to the
first named ASSURED.
|
|
||||||
|
|
|
|
(4)
|
|
Knowledge
possessed or discovery
made by any partner, director, trustee,
|
|
|
|
|
|
|
officer
or supervisory employee
of any ASSURED shall constitute knowledge
|
|
|
|
|
|
|
or
discovery by all the ASSUREDS
for the purposes of this Bond.
|
|
||||||
|
|
|
|
(5)
|
|
If
the first named ASSURED ceases
for any reason to be covered under this
|
|
|
|
|
|
|
Bond,
then the ASSURED next named
on the APPLICATION shall thereafter
|
|
|
|
|
|
|
be
considered as the first named
ASSURED for the purposes of this Bond.
|
|
||||||
|
||||||
Representation
Made
By
|
|
B.
|
|
The
ASSURED represents that all
information it has furnished in the
|
||
Assured
|
|
|
|
APPLICATION
for this Bond or
otherwise is complete, true and correct. Such
|
||
|
|
|
|
APPLICATION
and other information
constitute part of this Bond.
|
||
|
||||||
|
|
|
|
The
ASSURED must promptly notify
the COMPANY of any change in any fact or
|
||
|
|
|
|
circumstance
which materially
affects the risk assumed by the COMPANY under
|
||
|
|
|
|
this
Bond.
|
||
|
||||||
|
|
|
|
Any
intentional
misrepresentation, omission, concealment or incorrect statement
of
|
||
|
|
|
|
a
material fact, in the
APPLICATION or otherwise, shall be grounds for recision of
|
||
|
|
|
|
this
Bond.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 5 of 19
|
|
|
|
|
|
|
|
(continued)
|
|
|
|
|
|
|
|
||||||
|
||||||
Additional
Offices
Or
|
|
C.
|
|
If
the ASSURED, other than an
Investment
Company,
while this Bond is in force,
|
||
Employees
-
Consolidation,
|
|
|
|
merges
or consolidates with, or
purchases or acquires assets or liabilities of
|
||
Merger
Or Purchase
Or
|
|
|
|
another
institution, the ASSURED
shall not have the coverage afforded under this
|
||
Acquisition
Of
Assets
|
|
|
|
Bond
for loss which
has:
|
||
OrLiabilities
- Notice
To
|
|
|
|
(1)
|
|
occurred
or will occur on
premises, or
|
Company
|
|
|
|
|
|
|
|
|
|
|
(2)
|
|
been
caused or will be caused by
an employee, or
|
|
|
|
|
(3)
|
|
arisen
or will arise out of the
assets or liabilities,
|
|
|
|
|
of
such institution, unless the
ASSURED:
|
||
|
|
|
|
a.
|
|
gives
the COMPANY written notice
of the proposed consolidation, merger or
|
|
|
|
|
|
|
purchase
or acquisition of assets
or liabilities prior to the proposed effective
|
|
|
|
|
|
|
date
of such action,
and
|
|
|
|
|
b.
|
|
obtains
the written consent of
the COMPANY to extend some or all of the
|
|
|
|
|
|
|
coverage
provided by this Bond to
such additional exposure, and
|
|
|
|
|
c.
|
|
on
obtaining such consent, pays
to the COMPANY an additional premium.
|
|
||||||
|
||||||
Change
Of Control
-
|
|
D.
|
|
When
the ASSURED learns of a
change in control (other than in an Investment
|
||
Notice
To
Company
|
|
|
|
Company),
as set forth in Section 2(a)
(9) of the Investment Company Act of
|
||
|
|
|
|
1940,
|
|
the
ASSURED shall within sixty
(60) days give written notice to the
|
|
|
|
|
COMPANY
setting
forth:
|
||
|
|
|
|
(1)
|
|
the
names of the transferors and
transferees (or the names of the beneficial
|
|
|
|
|
|
|
owners
if the voting securities
are registered in another name),
|
|
|
|
|
(2)
|
|
the
total number of voting
securities owned by the transferors and the
|
|
|
|
|
|
|
transferees
(or the beneficial
owners), both immediately before and after the
|
|
|
|
|
|
|
transfer,
and
|
|
|
|
|
(3)
|
|
the
total number of outstanding
voting securities.
|
|
|
|
|
Failure
to give the required
notice shall result in termination of coverage for any
|
||
|
|
|
|
loss
involving a transferee, to
be effective on the date of such change in control.
|
||
|
||||||
|
||||||
Court
Costs
And
|
|
E.
|
|
The
COMPANY will indemnify the
ASSURED for court costs and reasonable
|
||
Attorneys’
Fees
|
|
|
|
attorneys'
fees incurred and paid
by the ASSURED in defense, whether or not
|
||
|
|
|
|
successful,
whether or not fully
litigated on the merits and whether or not settled,
|
||
|
|
|
|
of
any claim, suit or legal
proceeding with respect to which the ASSURED would
|
||
|
|
|
|
be
entitled to recovery under
this Bond. However, with respect to INSURING
|
||
|
|
|
|
CLAUSE
1., this Section shall
only apply in the event that:
|
||
|
|
|
|
(1)
|
|
an
Employee
admits
to
being guilty of Larceny
or
Embezzlement,
|
|
|
|
|
(2)
|
|
an
Employee
is
adjudicated to be guilty of Larceny
or
Embezzlement,
or
|
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 6 of 19
|
|
|
|
|
|
|
||||
Court
Costs
And
|
|
(3)
|
|
in the absence
of 1 or 2 above, an arbitration panel agrees, after a review
of
|
Attorneys’
Fees
|
|
|
|
an agreed
statement of facts between the COMPANY and the ASSURED,
|
(continued)
|
|
|
|
that an
Employee
would
be
found guilty of Larceny
or Embezzlement
if
|
|
|
|
|
such
Employee
were
prosecuted.
|
|
||||
|
|
The
ASSURED shall promptly give
notice to the COMPANY of any such suit or
|
||
|
|
legal
proceeding and at the
request of the COMPANY shall furnish copies of all
|
||
|
|
pleadings
and pertinent papers to
the COMPANY. The COMPANY may, at its
|
||
|
|
sole
option, elect to conduct the
defense of all or part of such legal proceeding.
|
||
|
|
The
defense by the COMPANY shall
be in the name of the ASSURED through
|
||
|
|
attorneys
selected by the
COMPANY. The ASSURED shall provide all reasonable
|
||
|
|
information
and assistance as
required by the COMPANY for such defense.
|
||
|
||||
|
|
If
the COMPANY declines to defend
the ASSURED, no settlement without the
|
||
|
|
prior
written consent of the
COMPANY nor judgment against the ASSURED shall
|
||
|
|
determine
the existence, extent
or amount of coverage under this Bond.
|
||
|
||||
|
|
If
the amount demanded in any
such suit or legal proceeding is within the
|
||
|
|
DEDUCTIBLE
AMOUNT, if any, the
COMPANY shall have no liability for court
|
||
|
|
costs
and attorney's fees
incurred in defending all or part of such suit or legal
|
||
|
|
proceeding.
|
||
|
||||
|
|
If
the amount demanded in any
such suit or legal proceeding is in excess of the
|
||
|
|
LIMIT
OF LIABILITY stated in ITEM
2. of the DECLARATIONS for the applicable
|
||
|
|
INSURING
CLAUSE, the COMPANY'S
liability for court costs and attorney's fees
|
||
|
|
incurred
in defending all or part
of such suit or legal proceedings is limited to the
|
||
|
|
proportion
of such court costs
and attorney's fees incurred that the LIMIT OF
|
||
|
|
LIABILITY
stated in ITEM 2. of
the DECLARATIONS for the applicable INSURING
|
||
|
|
CLAUSE
bears to the total of the
amount demanded in such suit or legal
|
||
|
|
proceeding.
|
||
|
||||
|
|
If
the amount demanded is any
such suit or legal proceeding is in excess of the
|
||
|
|
DEDUCTIBLE
AMOUNT, if any, but
within the LIMIT OF LIABILITY stated in ITEM
|
||
|
|
2.
|
|
of
the DECLARATIONS for the
applicable INSURING CLAUSE, the
|
|
|
COMPANY'S
liability for court
costs and attorney's fees incurred in defending all or
|
||
|
|
part
of such suit or legal
proceedings shall be limited to the proportion of such
|
||
|
|
court
costs or attorney's fees
that the amount demanded that would be payable
|
||
|
|
under
this Bond after application
of the DEDUCTIBLE AMOUNT, bears to the total
|
||
|
|
amount
demanded.
|
||
|
||||
|
|
Amounts
paid by the COMPANY for
court costs and attorneys' fees shall be in
|
||
|
|
addition
to the LIMIT OF
LIABILITY stated in ITEM 2. of the DECLARATIONS.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 7 of 19
|
|
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
|
||||||||
Definitions
|
|
1.
|
|
As
used in this Bond:
|
||||
|
|
|
|
a.
|
|
Computer
System
means
a
computer and all input, output, processing,
|
||
|
|
|
|
|
|
storage,
off-line media
libraries, and communication facilities which are
|
||
|
|
|
|
|
|
connected
to the computer and
which are under the control and supervision
|
||
|
|
|
|
|
|
of
the operating system(s) or
application(s) software used by the ASSURED.
|
||
|
||||||||
|
|
|
|
b.
|
|
Counterfeit
means
an
imitation of an actual valid original which is intended
|
||
|
|
|
|
|
|
to
deceive and be taken as the
original.
|
||
|
||||||||
|
|
|
|
c.
|
|
Custodian
means
the
institution designated by an Investment
Company
to
|
||
|
|
|
|
|
|
maintain
possession and control
of its assets.
|
||
|
||||||||
|
|
|
|
d.
|
|
Customer
means
an
individual, corporate, partnership, trust customer,
|
||
|
|
|
|
|
|
shareholder
or subscriber of an
Investment
Company which
has a written
|
||
|
|
|
|
|
|
agreement
with the ASSURED for
Voice
Initiated Funds Transfer
|
||
|
|
|
|
|
|
Instruction.
|
||
|
||||||||
|
|
|
|
e.
|
|
Employee
means:
|
||
|
||||||||
|
|
|
|
|
|
(1)
|
|
an
officer of the
ASSURED,
|
|
||||||||
|
|
|
|
|
|
(2)
|
|
a
natural person while in the
regular service of the ASSURED at any of
|
|
|
|
|
|
|
|
|
the
ASSURED'S premises and
compensated directly by the ASSURED
|
|
|
|
|
|
|
|
|
through
its payroll system and
subject to the United States Internal
|
|
|
|
|
|
|
|
|
Revenue
Service Form W-2 or
equivalent income reporting plans of
|
|
|
|
|
|
|
|
|
other
countries, and whom the
ASSURED has the right to control and
|
|
|
|
|
|
|
|
|
direct
both as to the result to
be accomplished and details and means
|
|
|
|
|
|
|
|
|
by
which such result is
accomplished in the performance of such
|
|
|
|
|
|
|
|
|
service,
|
|
||||||||
|
|
|
|
|
|
(3)
|
|
a
guest student pursuing studies
or performing duties in any of the
|
|
|
|
|
|
|
|
|
ASSURED'S
premises,
|
|
||||||||
|
|
|
|
|
|
(4)
|
|
an
attorney retained by the
ASSURED and an employee of such
|
|
|
|
|
|
|
|
|
attorney
while either is
performing legal services for the ASSURED,
|
|
||||||||
|
|
|
|
|
|
(5)
|
|
a
natural person provided by an
employment contractor to perform
|
|
|
|
|
|
|
|
|
employee
duties for the ASSURED
under the ASSURED'S supervision
|
|
|
|
|
|
|
|
|
at
any of the ASSURED'S
premises,
|
|
||||||||
|
|
|
|
|
|
(6)
|
|
an
employee of an institution
merged or consolidated with the
|
|
|
|
|
|
|
|
|
ASSURED
prior to the effective
date of this Bond,
|
|
||||||||
|
|
|
|
|
|
(7)
|
|
a
director or trustee of the
ASSURED, but only while performing acts
|
|
|
|
|
|
|
|
|
within
the scope of the customary
and usual duties of any officer or
|
|
|
|
|
|
|
|
|
other
employee of the ASSURED or
while acting as a member of any
|
|
|
|
|
|
|
|
|
committee
duly elected or
appointed to examine or audit or have
|
|
|
|
|
|
|
|
|
custody
of or access to
Property
of
the
ASSURED, or
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 8 of 19
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
||||||
Definitions
|
|
(8)
|
|
each
natural person, partnership
or corporation authorized by written
|
||
(continued)
|
|
|
|
agreement
with the ASSURED to
perform services as electronic data
|
||
|
|
|
|
processor
of checks or other
accounting records related to such checks but
|
||
|
|
|
|
only
while such person,
partnership or corporation is actually performing
|
||
|
|
|
|
such
services and
not:
|
||
|
||||||
|
|
|
|
a.
|
|
creating,
preparing, modifying or
maintaining the ASSURED'S
|
|
|
|
|
|
|
computer
software or programs,
or
|
|
||||||
|
|
|
|
b.
|
|
acting
as transfer agent or in
any other agency capacity in issuing
|
|
|
|
|
|
|
checks,
drafts or securities for
the ASSURED,
|
|
||||||
|
|
(9)
|
|
any
partner, officer or employee
of an investment advisor, an underwriter
|
||
|
|
|
|
(distributor),
a transfer agent
or shareholder accounting recordkeeper, or an
|
||
|
|
|
|
administrator,
for an
Investment
Company while
performing acts
coming
|
||
|
|
|
|
within
the scope of the customary
and usual duties of an officer or employee
|
||
|
|
|
|
of
an Investment
Company
or
acting
as a member of any committee duly
|
||
|
|
|
|
elected
or appointed to examine,
audit or have custody of or access to
|
||
|
|
|
|
Property
of
an
Investment Company.
|
||
|
||||||
|
|
|
|
The
term Employee
shall
not
include any partner, officer or employee of a
|
||
|
|
|
|
transfer
agent, shareholder
accounting recordkeeper or administrator:
|
||
|
||||||
|
|
|
|
a.
|
|
which
is not an "affiliated
person" (as defined in Section 2(a) of the
|
|
|
|
|
|
|
Investment
Company Act of 1940)
of an Investment
Company
or
of
|
|
|
|
|
|
|
the
investment advisor or
underwriter (distributor) of such Investment
|
|
|
|
|
|
|
Company,
or
|
|
||||||
|
|
|
|
b.
|
|
which
is a "bank" (as defined in
Section 2(a) of the Investment
|
|
|
|
|
|
|
Company
Act of 1940).
|
|
||||||
|
|
|
|
|
|
This
Bond does not afford
coverage in favor of the employers of
|
|
|
|
|
|
|
persons
as set forth in e. (4),
(5) and (8) above, and upon payment to
|
|
|
|
|
|
|
the
ASSURED by the COMPANY
resulting directly from Larceny
or
|
|
|
|
|
|
|
Embezzlement
committed
by any of the partners, officers or
|
|
|
|
|
|
|
employees
of such employers,
whether acting alone or in collusion
|
|
|
|
|
|
|
with
others, an assignment of
such of the ASSURED'S rights and
|
|
|
|
|
|
|
causes
of action as it may have
against such employers by reason of
|
|
|
|
|
|
|
such
acts so committed shall, to
the extent of such payment, be given
|
|
|
|
|
|
|
by
the ASSURED to the COMPANY,
and the ASSURED shall execute
|
|
|
|
|
|
|
all
papers necessary to secure to
the COMPANY the rights provided
|
|
|
|
|
|
|
for
herein.
|
|
||||||
|
|
|
|
Each
employer of persons as set
forth in e.(4), (5) and (8) above and the
|
||
|
|
|
|
partners,
officers and other
employees of such employers shall collectively
|
||
|
|
|
|
be
deemed to be one person for
all the purposes of this Bond; excepting,
|
||
|
|
|
|
however,
the fifth paragraph of
Section 13.
|
||
|
||||||
|
|
|
|
Independent
contractors not
specified in e.(4), (5) or (8) above,
|
||
|
|
|
|
intermediaries,
agents, brokers
or other representatives of the same general
|
||
|
|
|
|
character
shall not be considered
Employees.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 9 of 19
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
||||
Definitions
|
|
f.
|
|
Forgery
means
the
signing of the name of another natural person with the
|
(continued)
|
|
|
|
intent
to deceive but does not
mean a signature which consists in whole or in
|
|
|
|
|
part
of one's own name, with or
without authority, in any capacity for any
|
|
|
|
|
purpose.
|
|
||||
|
|
g.
|
|
Investment
Company
means
any
investment company registered under the
|
|
|
|
|
Investment
Company Act of 1940
and listed under the NAME OF ASSURED
|
|
|
|
|
on
the DECLARATIONS.
|
|
||||
|
|
h.
|
|
Items
of Deposit
means
one
or more checks or drafts drawn upon a
|
|
|
|
|
financial
institution in the
United States of America.
|
|
||||
|
|
i.
|
|
Larceny
or Embezzlement
means
larceny or embezzlement as defined in
|
|
|
|
|
Section
37 of the Investment
Company Act of 1940.
|
|
||||
|
|
j.
|
|
Property
means
money, revenue and other stamps; securities; including any
|
|
|
|
|
note,
stock, treasury stock,
bond, debenture, evidence of indebtedness,
|
|
|
|
|
certificate
of deposit,
certificate of interest or participation in any profit-
|
|
|
|
|
sharing
agreement, collateral
trust certificate, preorganization certificate or
|
|
|
|
|
subscription,
transferable share,
investment contract, voting trust certificate,
|
|
|
|
|
certificate
of deposit for a
security, fractional undivided interest in oil, gas, or
|
|
|
|
|
other
mineral rights, any
interest or instruments commonly known as a
|
|
|
|
|
security
under the Investment
Company Act of 1940, any other certificate of
|
|
|
|
|
interest
or participation in,
temporary or interim certificate for, receipt for,
|
|
|
|
|
guarantee
of, or warrant or right
to subscribe to or purchase any of the
|
|
|
|
|
foregoing;
bills of exchange;
acceptances; checks; withdrawal orders; money
|
|
|
|
|
orders;
travelers' letters of
credit; bills of lading; abstracts of title; insurance
|
|
|
|
|
policies,
deeds, mortgages on
real estate and/or upon chattels and interests
|
|
|
|
|
therein;
assignments of such
policies, deeds or mortgages; other valuable
|
|
|
|
|
papers,
including books of
accounts and other records used by the
|
|
|
|
|
ASSURED
in the conduct of its
business (but excluding all electronic data
|
|
|
|
|
processing
records); and, all
other instruments similar to or in the nature of
|
|
|
|
|
the
foregoing in which the
ASSURED acquired an interest at the time of the
|
|
|
|
|
ASSURED'S
consolidation or merger
with, or purchase of the principal
|
|
|
|
|
assets
of, a predecessor or which
are held by the ASSURED for any
|
|
|
|
|
purpose
or in any capacity and
whether so held gratuitously or not and
|
|
|
|
|
whether
or not the ASSURED is
liable therefor.
|
|
||||
|
|
k.
|
|
Relative
means
the
spouse of an Employee
or
partner
of the ASSURED
|
|
|
|
|
and
any unmarried child supported
wholly by, or living in the home of, such
|
|
|
|
|
Employee
or
partner
and being related to them by blood, marriage or legal
|
|
|
|
|
guardianship.
|
|
||||
|
|
l.
|
|
Securities,
documents or
other written instruments means
original
|
|
|
|
|
(including
original counterparts)
negotiable or non-negotiable instruments, or
|
|
|
|
|
assignments
thereof, which in and
of themselves represent an equitable
|
|
|
|
|
interest,
ownership, or debt and
which are in the ordinary course of business
|
|
|
|
|
transferable
by delivery of such
instruments with any necessary
|
|
|
|
|
endorsements
or
assignments.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 10 of 19
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
||||||
|
||||||
Definitions
|
|
|
|
m.
|
|
Subsidiary
means
any
organization that, at the inception date of this Bond,
|
(continued)
|
|
|
|
|
|
is
named in the APPLICATION or is
created during the BOND PERIOD and
|
|
|
|
|
|
|
of
which more than fifty percent
(50%) of the outstanding securities or voting
|
|
|
|
|
|
|
rights
representing the present
right to vote for election of directors is owned
|
|
|
|
|
|
|
or
controlled by the ASSURED
either directly or through one or more of its
|
|
|
|
|
|
|
subsidiaries.
|
|
||||||
|
|
|
|
n.
|
|
Transportation
Company
means
any
organization which provides its own
|
|
|
|
|
|
|
or
its leased vehicles for
transportation or which provides freight forwarding
|
|
|
|
|
|
|
or
air express
services.
|
|
||||||
|
|
|
|
o.
|
|
Voice
Initiated Election
means
any
election concerning dividend options
|
|
|
|
|
|
|
available
to Investment
Company
shareholders
or subscribers which
is
|
|
|
|
|
|
|
requested
by voice over the
telephone.
|
|
||||||
|
|
|
|
p.
|
|
Voice
Initiated
Redemption means
any redemption of shares
issued by an
|
|
|
|
|
|
|
Investment
Company
which
is
requested by voice over the telephone.
|
|
||||||
|
|
|
|
q.
|
|
Voice
Initiated Funds
Transfer Instruction means
any Voice
Initiated
|
|
|
|
|
|
|
Redemption
or
Voice
Initiated Election.
|
|
||||||
|
|
|
|
For
the purposes of these
definitions, the singular includes the plural and the
|
||
|
|
|
|
plural
includes the singular,
unless otherwise indicated.
|
||
|
||||||
|
||||||
General
Exclusions
-
|
|
2.
|
|
This
bond does not
directly or indirectly cover:
|
||
Applicable
to All
Insuring
|
|
|
|
a.
|
|
loss
not reported to the COMPANY
in writing within sixty (60) days after
|
Clauses
|
|
|
|
|
|
termination
of this Bond as an
entirety;
|
|
||||||
|
|
|
|
b.
|
|
loss
due to riot or civil
commotion outside the United States of America and
|
|
|
|
|
|
|
Canada,
or any loss due to
military, naval or usurped power, war or
|
|
|
|
|
|
|
insurrection.
This Section 2.b.,
however, shall not apply to loss which occurs
|
|
|
|
|
|
|
in
transit in the circumstances
recited in INSURING CLAUSE 3., provided
|
|
|
|
|
|
|
that
when such transit was
initiated there was no knowledge on the part of
|
|
|
|
|
|
|
any
person acting for the ASSURED
of such riot, civil commotion, military,
|
|
|
|
|
|
|
naval
or usurped power, war or
insurrection;
|
|
||||||
|
|
|
|
c.
|
|
loss
resulting from the effects
of nuclear fission or fusion or radioactivity;
|
|
||||||
|
|
|
|
d.
|
|
loss
of potential income
including, but not limited to, interest and dividends
|
|
|
|
|
|
|
not
realized by the ASSURED or by
any customer of the ASSURED;
|
|
||||||
|
|
|
|
e.
|
|
damages
of any type for which the
ASSURED is legally liable, except
|
|
|
|
|
|
|
compensatory
damages, but not
multiples thereof, arising from a loss
|
|
|
|
|
|
|
covered
under this
Bond;
|
|
||||||
|
|
|
|
f.
|
|
costs,
fees and expenses incurred
by the ASSURED in establishing the
|
|
|
|
|
|
|
existence
of or amount of loss
under this Bond, except to the extent covered
|
|
|
|
|
|
|
under
INSURING CLAUSE
11.;
|
|
||||||
|
|
|
|
g.
|
|
loss
resulting from indirect or
consequential loss of any nature;
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 11 of 19
|
|
|
|
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
|
|
|
||||||||||
General
Exclusions
-
|
|
|
|
h.
|
|
loss
resulting from dishonest
acts by any member of the Board of Directors
|
||||
Applicable
to All
Insuring
|
|
|
|
|
|
or
Board of Trustees of the
ASSURED who is not an Employee,
acting
|
||||
Clauses
|
|
|
|
|
|
alone
or in collusion with
others;
|
||||
(continued)
|
|
|
|
i.
|
|
loss,
or that part of any loss,
resulting solely from any violation by the
|
||||
|
|
|
|
|
|
ASSURED
or by any Employee:
|
||||
|
|
|
|
|
|
(1)
|
|
of
any law
regulating:
|
||
|
|
|
|
|
|
|
|
a.
|
|
the
issuance, purchase or sale of
securities,
|
|
|
|
|
|
|
|
|
b.
|
|
securities
transactions on
security or commodity exchanges or
|
|
|
|
|
|
|
|
|
|
|
the
over the counter
market,
|
|
|
|
|
|
|
|
|
c.
|
|
investment
companies,
|
|
|
|
|
|
|
|
|
d.
|
|
investment
advisors,
or
|
|
|
|
|
|
|
(2)
|
|
of
any rule or regulation made
pursuant to any such law; or
|
||
|
|
|
|
j.
|
|
loss
of confidential information,
material or data;
|
||||
|
|
|
|
k.
|
|
loss
resulting from voice
requests or instructions received over the
|
||||
|
|
|
|
|
|
telephone,
provided however, this
Section 2.k. shall not apply to INSURING
|
||||
|
|
|
|
|
|
CLAUSE
7. or 9.
|
||||
|
||||||||||
|
||||||||||
Specific
Exclusions
-
|
|
3.
|
|
This
Bond does not
directly or indirectly cover:
|
||||||
Applicable
To All
Insuring
|
|
|
|
a.
|
|
loss
caused by an Employee,
provided, however, this Section
3.a. shall not
|
||||
Clauses
Except
Insuring
|
|
|
|
|
|
apply
to loss covered under
INSURING CLAUSE 2. or 3. which results
|
||||
Clause
1.
|
|
|
|
|
|
directly
from misplacement,
mysterious unexplainable disappearance, or
|
||||
|
|
|
|
|
|
damage
or destruction of
Property;
|
||||
|
|
|
|
b.
|
|
loss
through the surrender of
property away from premises of the ASSURED
|
||||
|
|
|
|
|
|
as
a result of a
threat:
|
||||
|
|
|
|
|
|
(1)
|
|
to
do bodily harm to any natural
person, except loss of Property
in
|
||
|
|
|
|
|
|
|
|
transit
in the custody of any
person acting as messenger of the
|
||
|
|
|
|
|
|
|
|
ASSURED,
provided that when such
transit was initiated there was no
|
||
|
|
|
|
|
|
|
|
knowledge
by the ASSURED of any
such threat, and provided further
|
||
|
|
|
|
|
|
|
|
that
this Section 3.b. shall not
apply to INSURING CLAUSE 7., or
|
||
|
|
|
|
|
|
(2)
|
|
to
do damage to the premises or
Property
of
the
ASSURED;
|
||
|
|
|
|
c.
|
|
loss
resulting from payments made
or withdrawals from any account
|
||||
|
|
|
|
|
|
involving
erroneous credits to
such account;
|
||||
|
|
|
|
d.
|
|
loss
involving Items
of Deposit
which
are
not finally paid for any reason
|
||||
|
|
|
|
|
|
provided
however, that this
Section 3.d. shall not apply to INSURING
|
||||
|
|
|
|
|
|
CLAUSE
10.;
|
||||
|
|
|
|
e.
|
|
loss
of property while in the
mail;
|
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 12 of 19
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
||||||
Specific
Exclusions
-
|
|
|
|
f.
|
|
loss
resulting from the failure
for any reason of a financial or depository
|
Applicable
To All
Insuring
|
|
|
|
|
|
institution,
its receiver or
other liquidator to pay or deliver funds or other
|
Clauses
Except
Insuring
|
|
|
|
|
|
Property
to
the
ASSURED provided further that this Section 3.f. shall not
|
Clause
1.
|
|
|
|
|
|
apply
to loss of Property
resulting
directly from robbery, burglary,
|
(continued)
|
|
|
|
|
|
misplacement,
mysterious
unexplainable disappearance, damage,
|
|
|
|
|
|
|
destruction
or removal from the
possession, custody or control of the
|
|
|
|
|
|
|
ASSURED.
|
|
|
|
|
g.
|
|
loss
of Property
while
in
the custody of a Transportation
Company,
|
|
|
|
|
|
|
provided
however, that this
Section 3.g. shall not apply to INSURING
|
|
|
|
|
|
|
CLAUSE
3.;
|
|
|
|
|
h.
|
|
loss
resulting from entries or
changes made by a natural person with
|
|
|
|
|
|
|
authorized
access to a
Computer
System who
acts in good faith on
|
|
|
|
|
|
|
instructions,
unless such
instructions are given to that person by a software
|
|
|
|
|
|
|
contractor
or its partner,
officer, or employee authorized by the ASSURED to
|
|
|
|
|
|
|
design,
develop, prepare, supply,
service, write or implement programs for
|
|
|
|
|
|
|
the
ASSURED's Computer
System;
or
|
|
|
|
|
i.
|
|
loss
resulting directly or
indirectly from the input of data into a Computer
|
|
|
|
|
|
|
System
terminal,
either on the premises of the customer of the ASSURED
|
|
|
|
|
|
|
or
under the control of such a
customer, by a customer or other person who
|
|
|
|
|
|
|
had
authorized access to the
customer's authentication mechanism.
|
|
||||||
|
||||||
Specific
Exclusions
-
|
|
4.
|
|
This
bond does not
directly or indirectly cover:
|
||
Applicable
To All
Insuring
|
|
|
|
a.
|
|
loss
resulting from the complete
or partial non-payment of or default on any
|
Clauses
Except
Insuring
|
|
|
|
|
|
loan
whether such loan was
procured in good faith or through trick, artifice,
|
Clauses
1., 4., And
5.
|
|
|
|
|
|
fraud
or false pretenses;
provided, however, this Section 4.a. shall not apply
|
|
|
|
|
|
|
to
INSURING CLAUSE
8.;
|
|
||||||
|
|
|
|
b.
|
|
loss
resulting from forgery or
any alteration;
|
|
||||||
|
|
|
|
c.
|
|
loss
involving a counterfeit
provided, however, this Section 4.c. shall not
|
|
|
|
|
|
|
apply
to INSURING CLAUSE 5. or
6.
|
|
||||||
|
||||||
Limit
Of
Liability/Non-
|
|
5.
|
|
At
all times prior to termination
of this Bond, this Bond shall continue in force for
|
||
Reduction
And
Non-
|
|
|
|
the
limit stated in the
applicable sections of ITEM 2. of the DECLARATIONS,
|
||
Accumulation
Of
Liability
|
|
|
|
notwithstanding
any previous loss
for which the COMPANY may have paid or be
|
||
|
|
|
|
liable
to pay under this Bond
provided, however, that the liability of the COMPANY
|
||
|
|
|
|
under
this Bond with respect to
all loss resulting from:
|
||
|
||||||
|
|
|
|
a.
|
|
any
one act of burglary, robbery
or hold-up, or attempt thereat, in which no
|
|
|
|
|
|
|
Employee
is
concerned or implicated, or
|
|
||||||
|
|
|
|
b.
|
|
any
one unintentional or
negligent act on the part of any one person
|
|
|
|
|
|
|
resulting
in damage to or
destruction or misplacement of Property,
or
|
|
||||||
|
|
|
|
c.
|
|
all
acts, other than those
specified in a. above, of any one person, or
|
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 13 of 19
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
||||||
Limit
Of
Liability/Non-
|
|
|
|
d.
|
|
any
one casualty or event other
than those specified in a., b., or c. above,
|
Reduction
And
Non-
|
|
|
|
shall
be deemed to be one loss
and shall be limited to the applicable LIMIT OF
|
||
Accumulation
Of
Liability
|
|
|
|
LIABILITY
stated in ITEM 2. of
the DECLARATIONS of this Bond irrespective of
|
||
(continued)
|
|
|
|
the
total amount of such loss or
losses and shall not be cumulative in amounts
|
||
|
|
|
|
from
year to year or from period
to period.
|
||
|
||||||
|
|
|
|
All
acts, as specified in c.
above, of any one person which
|
||
|
||||||
|
|
|
|
i.
|
|
directly
or indirectly aid in any
way wrongful acts of any other person or
|
|
|
|
|
|
|
persons,
or
|
|
||||||
|
|
|
|
ii.
|
|
permit
the continuation of
wrongful acts of any other person or persons
|
|
||||||
|
|
|
|
whether
such acts are committed
with or without the knowledge of the wrongful
|
||
|
|
|
|
acts
of the person so aided, and
whether such acts are committed with or without
|
||
|
|
|
|
the
intent to aid such other
person, shall be deemed to be one loss with the
|
||
|
|
|
|
wrongful
acts of all persons so
aided.
|
||
|
||||||
|
||||||
Discovery
|
|
6.
|
|
This
Bond applies only to loss
first discovered by an officer of the ASSURED
|
||
|
|
|
|
during
the BOND PERIOD. Discovery
occurs at the earlier of an officer of the
|
||
|
|
|
|
ASSURED
being aware
of:
|
||
|
||||||
|
|
|
|
a.
|
|
facts
which may subsequently
result in a loss of a type covered by this Bond,
|
|
|
|
|
|
|
or
|
|
||||||
|
|
|
|
b.
|
|
an
actual or potential claim in
which it is alleged that the ASSURED is liable
|
|
|
|
|
|
|
to
a third party,
|
|
||||||
|
|
|
|
regardless
of when the act or
acts causing or contributing to such loss occurred,
|
||
|
|
|
|
even
though the amount of loss
does not exceed the applicable DEDUCTIBLE
|
||
|
|
|
|
AMOUNT,
or the exact amount or
details of loss may not then be known.
|
||
|
||||||
|
||||||
|
||||||
Notice
To Company
-
|
|
7.
|
|
a.
|
|
The
ASSURED shall give the
COMPANY notice thereof at the earliest
|
Proof
- Legal
Proceedings
|
|
|
|
|
|
practicable
moment, not to exceed
sixty (60) days after discovery of loss, in
|
Against
Company
|
|
|
|
|
|
an
amount that is in excess of
50% of the applicable DEDUCTIBLE
|
|
|
|
|
|
|
AMOUNT,
as stated in ITEM 2. of
the DECLARATIONS.
|
|
||||||
|
|
|
|
b.
|
|
The
ASSURED shall furnish to the
COMPANY proof of loss, duly sworn to,
|
|
|
|
|
|
|
with
full particulars within six
(6) months after such discovery.
|
|
||||||
|
|
|
|
c.
|
|
Securities
listed in a proof of
loss shall be identified by certificate or bond
|
|
|
|
|
|
|
numbers,
if issued with
them.
|
|
||||||
|
|
|
|
d.
|
|
Legal
proceedings for the
recovery of any loss under this Bond shall not be
|
|
|
|
|
|
|
brought
prior to the expiration
of sixty (60) days after the proof of loss is filed
|
|
|
|
|
|
|
with
the COMPANY or after the
expiration of twenty-four (24) months from
|
|
|
|
|
|
|
the
discovery of such
loss.
|
|
||||||
|
|
|
|
e.
|
|
This
Bond affords coverage only
in favor of the ASSURED. No claim, suit,
|
|
|
|
|
|
|
action
or legal proceedings shall
be brought under this Bond by anyone
|
|
|
|
|
|
|
other
than the
ASSURED.
|
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 14 of 19
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
||||||
Notice
To Company
-
|
|
|
|
f.
|
|
Proof
of loss involving
Voice
Initiated Funds Transfer Instruction shall
|
Proof
- Legal
Proceedings
|
|
|
|
|
|
include
electronic recordings of
such instructions.
|
Against
Company
|
|
|
|
|
|
|
(continued)
|
|
|
|
|
|
|
|
||||||
|
||||||
Deductible
Amount
|
|
8.
|
|
The
COMPANY shall not be liable
under any INSURING CLAUSES of this Bond
|
||
|
|
|
|
on
account of loss unless the
amount of such loss, after deducting the net amount
|
||
|
|
|
|
of
all reimbursement and/or
recovery obtained or made by the ASSURED, other
|
||
|
|
|
|
than
from any Bond or policy of
insurance issued by an insurance company and
|
||
|
|
|
|
covering
such loss, or by the
COMPANY on account thereof prior to payment by
|
||
|
|
|
|
the
COMPANY of such loss, shall
exceed the DEDUCTIBLE AMOUNT set forth in
|
||
|
|
|
|
ITEM
3. of the DECLARATIONS, and
then for such excess only, but in no event
|
||
|
|
|
|
for
more than the applicable
LIMITS OF LIABILITY stated in ITEM 2. of the
|
||
|
|
|
|
DECLARATIONS.
|
||
|
||||||
|
|
|
|
There
shall be no deductible
applicable to any loss under INSURING CLAUSE 1.
|
||
|
|
|
|
sustained
by any Investment
Company.
|
||
|
||||||
|
||||||
Valuation
|
|
9.
|
|
BOOKS
OF ACCOUNT OR OTHER
RECORDS
|
||
|
|
|
|
The
value of any loss of
Property
consisting
of books of account or other records
|
||
|
|
|
|
used
by the ASSURED in the
conduct of its business shall be the amount paid by
|
||
|
|
|
|
the
ASSURED for blank books,
blank pages, or other materials which replace the
|
||
|
|
|
|
lost
books of account or other
records, plus the cost of labor paid by the
|
||
|
|
|
|
ASSURED
for the actual
transcription or copying of data to reproduce such books
|
||
|
|
|
|
of
account or other
records.
|
||
|
||||||
|
|
|
|
The
value of any loss of
Property
other
than
books of account or other records
|
||
|
|
|
|
used
by the ASSURED in the
conduct of its business, for which a claim is made
|
||
|
|
|
|
shall
be determined by the
average market value of such Property
on
the
|
||
|
|
|
|
business
day immediately
preceding discovery of such loss provided, however,
|
||
|
|
|
|
that
the value of any
Property
replaced
by
the ASSURED with the consent of the
|
||
|
|
|
|
COMPANY
and prior to the
settlement of any claim for such Property
shall
be
the
|
||
|
|
|
|
actual
market value at the time
of replacement.
|
||
|
||||||
|
|
|
|
In
the case of a loss of interim
certificates, warrants, rights or other securities, the
|
||
|
|
|
|
production
of which is necessary
to the exercise of subscription, conversion,
|
||
|
|
|
|
redemption
or deposit privileges,
the value of them shall be the market value of
|
||
|
|
|
|
such
privileges immediately
preceding their expiration if said loss is not discovered
|
||
|
|
|
|
until
after their expiration. If
no market price is quoted for such Property
or
for
|
||
|
|
|
|
such
privileges, the value shall
be fixed by agreement between the parties.
|
||
|
|
|
|
OTHER
PROPERTY
|
||
|
||||||
|
|
|
|
The
value of any loss of
Property,
other than as stated above,
shall be the actual
|
||
|
|
|
|
cash
value or the cost of
repairing or replacing such Property
with
Property
of
|
||
|
|
|
|
like
quality and value, whichever
is less.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 15 of 19
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
(continued)
|
|
|
|
|
|
|
|
||||||
Securities
Settlement
|
|
10.
|
|
In
the event of a loss of
securities covered under this Bond, the COMPANY may,
|
||
|
|
|
|
at
its sole discretion, purchase
replacement securities, tender the value of the
|
||
|
|
|
|
securities
in money, or issue its
indemnity to effect replacement securities.
|
||
|
||||||
|
|
|
|
The
indemnity required from the
ASSURED under the terms of this Section
|
||
|
|
|
|
against
all loss, cost or expense
arising from the replacement of securities by the
|
||
|
|
|
|
COMPANY'S
indemnity shall
be:
|
||
|
||||||
|
|
|
|
a.
|
|
for
securities having a value
less than or equal to the applicable
|
|
|
|
|
|
|
DEDUCTIBLE
AMOUNT - one hundred
(100%) percent;
|
|
||||||
|
|
|
|
b.
|
|
for
securities having a value in
excess of the DEDUCTIBLE AMOUNT but
|
|
|
|
|
|
|
within
the applicable LIMIT OF
LIABILITY - the percentage that the
|
|
|
|
|
|
|
DEDUCTIBLE
AMOUNT bears to the
value of the securities;
|
|
||||||
|
|
|
|
c.
|
|
for
securities having a value
greater than the applicable LIMIT OF LIABILITY
|
|
|
|
|
|
|
-
the percentage that the
DEDUCTIBLE AMOUNT and portion in excess of
|
|
|
|
|
|
|
the
applicable LIMIT OF LIABILITY
bears to the value of the securities.
|
|
||||||
|
|
|
|
The
value referred to in Section
10.a., b., and c. is the value in accordance with
|
||
|
|
|
|
Section
9, VALUATION, regardless
of the value of such securities at the time the
|
||
|
|
|
|
loss
under the COMPANY'S
indemnity is sustained.
|
||
|
||||||
|
|
|
|
The
COMPANY is not required to
issue its indemnity for any portion of a loss of
|
||
|
|
|
|
securities
which is not covered
by this Bond; however, the COMPANY may do so
|
||
|
|
|
|
as
a courtesy to the ASSURED and
at its sole discretion.
|
||
|
||||||
|
|
|
|
The
ASSURED shall pay the
proportion of the Company's premium charge for the
|
||
|
|
|
|
Company's
indemnity as set forth
in Section 10.a., b., and c. No portion of the
|
||
|
|
|
|
LIMIT
OF LIABILITY shall be used
as payment of premium for any indemnity
|
||
|
|
|
|
purchased
by the ASSURED to
obtain replacement securities.
|
||
|
||||||
|
||||||
Subrogation
–
Assignment
-
11.
|
|
In
the event of a payment under
this Bond, the COMPANY shall be subrogated to
|
||||
Recovery
|
|
|
|
all
of the ASSURED'S rights of
recovery against any person or entity to the extent
|
||
|
|
|
|
of
such payment. On request, the
ASSURED shall deliver to the COMPANY an
|
||
|
|
|
|
assignment
of the ASSURED'S
rights, title and interest and causes of action
|
||
|
|
|
|
against
any person or entity to
the extent of such payment.
|
||
|
||||||
|
|
|
|
Recoveries,
whether effected by
the COMPANY or by the ASSURED, shall be
|
||
|
|
|
|
applied
net of the expense of
such recovery in the following order:
|
||
|
||||||
|
|
|
|
a.
|
|
first,
to the satisfaction of the
ASSURED'S loss which would otherwise have
|
|
|
|
|
|
|
been
paid but for the fact that
it is in excess of the applicable LIMIT OF
|
|
|
|
|
|
|
LIABILITY,
|
|
||||||
|
|
|
|
b.
|
|
second,
to the COMPANY in
satisfaction of amounts paid in settlement of
|
|
|
|
|
|
|
the
ASSURED'S claim,
|
|
||||||
|
|
|
|
c.
|
|
third,
to the ASSURED in
satisfaction of the applicable DEDUCTIBLE
|
|
|
|
|
|
|
AMOUNT,
and
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 16 of 19
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
||||||
Subrogation
- Assignment
-
|
|
|
|
d.
|
|
fourth,
to the ASSURED in
satisfaction of any loss suffered by the
|
Recovery
|
|
|
|
|
|
ASSURED
which was not covered
under this Bond.
|
(continued)
|
|
|
|
Recovery
from reinsurance or
indemnity of the COMPANY shall not be deemed a
|
||
|
|
|
|
recovery
under this
section.
|
||
|
||||||
|
||||||
Cooperation
Of
Assured
|
|
12.
|
|
At
the COMPANY'S request and at
reasonable times and places designated by
|
||
|
|
|
|
the
COMPANY, the ASSURED
shall:
|
||
|
||||||
|
|
|
|
a.
|
|
submit
to examination by the
COMPANY and subscribe to the same under
|
|
|
|
|
|
|
oath,
|
|
||||||
|
|
|
|
b.
|
|
produce
for the COMPANY'S
examination all pertinent records, and
|
|
||||||
|
|
|
|
c.
|
|
cooperate
with the COMPANY in all
matters pertaining to the loss.
|
|
||||||
|
|
|
|
The
ASSURED shall execute all
papers and render assistance to secure to the
|
||
|
|
|
|
COMPANY
the rights and causes of
action provided for under this Bond. The
|
||
|
|
|
|
ASSURED
shall do nothing after
loss to prejudice such rights or causes of action.
|
||
|
||||||
|
||||||
|
||||||
Termination
|
|
13.
|
|
If
the Bond is for a sole
ASSURED, it shall not be terminated unless written notice
|
||
|
|
|
|
shall
have been given by the
acting party to the affected party and to the
|
||
|
|
|
|
Securities
and Exchange
Commission, Washington, D.C., not less than sixty (60)
|
||
|
|
|
|
days
prior to the effective date
of such termination.
|
||
|
||||||
|
|
|
|
If
the Bond is for a joint
ASSURED, it shall not be terminated unless written notice
|
||
|
|
|
|
shall
have been given by the
acting party to the affected party, and by the
|
||
|
|
|
|
COMPANY
to all ASSURED
Investment
Companies and
to the Securities
and
|
||
|
|
|
|
Exchange
Commission, Washington,
D.C., not less than sixty (60) days prior to
|
||
|
|
|
|
the
effective date of such
termination.
|
||
|
||||||
|
|
|
|
This
Bond will terminate as to
any one ASSURED, other than an Investment
|
||
|
|
|
|
Company:
|
||
|
||||||
|
|
|
|
a.
|
|
immediately
on the taking over of
such ASSURED by a receiver or other
|
|
|
|
|
|
|
liquidator
or by State or Federal
officials, or
|
|
||||||
|
|
|
|
b.
|
|
immediately
on the filing of a
petition under any State or Federal statute
|
|
|
|
|
|
|
relative
to bankruptcy or
reorganization of the ASSURED, or assignment for
|
|
|
|
|
|
|
the
benefit of creditors of the
ASSURED, or
|
|
||||||
|
|
|
|
c.
|
|
immediately
upon such ASSURED
ceasing to exist, whether through merger
|
|
|
|
|
|
|
into
another entity, disposition
of all of its assets or otherwise.
|
|
||||||
|
|
|
|
The
COMPANY shall refund the
unearned premium computed at short rates in
|
||
|
|
|
|
accordance
with the standard
short rate cancellation tables if terminated by the
|
||
|
|
|
|
ASSURED
or pro rata if terminated
for any other reason.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 17 of 19
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
||||||
|
||||||
Termination
|
|
|
|
If
any partner, director,
trustee, or officer or supervisory employee of an
|
||
(continued)
|
|
|
|
ASSURED
not acting in collusion
with an Employee
learns
of
any dishonest act
|
||
|
|
|
|
committed
by such Employee
at
any
time, whether in the employment of the
|
||
|
|
|
|
ASSURED
or otherwise, whether or
not such act is of the type covered under this
|
||
|
|
|
|
Bond,
and whether against the
ASSURED or any other person or entity, the
|
||
|
|
|
|
ASSURED:
|
||
|
|
|
|
a.
|
|
shall
immediately remove such
Employee
from
a
position that would enable
|
|
|
|
|
|
|
such
Employee
to
cause
the ASSURED to suffer a loss covered by this
|
|
|
|
|
|
|
Bond;
and
|
|
|
|
|
b.
|
|
within
forty-eight (48) hours of
learning that an Employee
has
committed
|
|
|
|
|
|
|
any
dishonest act, shall notify
the COMPANY, of such action and provide full
|
|
|
|
|
|
|
particulars
of such dishonest
act.
|
|
|
|
|
The
COMPANY may terminate
coverage as respects any Employee
sixty
(60)
|
||
|
|
|
|
days
after written notice is
received by each ASSURED Investment
Company
|
||
|
|
|
|
and
the Securities and Exchange
Commission, Washington, D.C. of its desire to
|
||
|
|
|
|
terminate
this Bond as to such
Employee.
|
||
|
||||||
|
||||||
Other
Insurance
|
|
14.
|
|
Coverage
under this Bond shall
apply only as excess over any valid and collectible
|
||
|
|
|
|
insurance,
indemnity or
suretyship obtained by or on behalf of:
|
||
|
||||||
|
|
|
|
a.
|
|
the
ASSURED,
|
|
|
|
|
b.
|
|
a
Transportation
Company,
or
|
|
||||||
|
|
|
|
c.
|
|
another
entity on whose premises
the loss occurred or which employed the
|
|
|
|
|
|
|
person
causing the loss or
engaged the messenger conveying the Property
|
|
|
|
|
|
|
involved.
|
|
||||||
|
||||||
Conformity
|
|
15.
|
|
If
any limitation within this
Bond is prohibited by any law controlling this Bond's
|
||
|
|
|
|
construction,
such limitation
shall be deemed to be amended so as to equal the
|
||
|
|
|
|
minimum
period of limitation
provided by such law.
|
||
|
||||||
|
||||||
Change
or
Modification
|
|
16.
|
|
This
Bond or any instrument
amending or affecting this Bond may not be changed
|
||
|
|
|
|
or
modified orally. No change in
or modification of this Bond shall be effective
|
||
|
|
|
|
except
when made by written
endorsement to this Bond signed by an authorized
|
||
|
|
|
|
representative
of the
COMPANY.
|
||
|
||||||
|
|
|
|
If
this Bond is for a sole
ASSURED, no change or modification which would
|
||
|
|
|
|
adversely
affect the rights of
the ASSURED shall be effective prior to sixty (60)
|
||
|
|
|
|
days
after written notice has
been furnished to the Securities and Exchange
|
||
|
|
|
|
Commission,
Washington, D.C., by
the acting party.
|
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 18 of 19
|
|
|
|
Limitations
|
|
|
|
||
Change
or
Modification
|
|
If
this Bond is for a joint
ASSURED, no charge or modification which would
|
(continued)
|
|
adversely
affect the rights of
the ASSURED shall be effective prior to sixty (60)
|
|
|
days
after written notice has
been furnished to all insured Investment
Companies
|
|
|
and
to the Securities and
Exchange Commission, Washington, D.C., by the
|
|
|
COMPANY.
|
ICAP
Bond (5-98)
Form
17-02-1421 (Ed. 5-98) Page 19 of 19
|
|
Chubb
& Son, div. of Federal
Insurance Company
as
manager of the member insurers of the
Chubb
Group of Insurance
Companies
|
POLICYHOLDER
|
DISCLOSURE
NOTICE OF
|
TERRORISM
INSURANCE
COVERAGE
|
(for
policies with no terrorism exclusion or sublimit)
|
You
are hereby notified that, under the Terrorism Risk Insurance Act
of 2002
(the “Act”)
|
effective
November 26, 2002, this policy makes available to you insurance for
losses
|
arising
out of certain acts of international terrorism. Terrorism is defined
as
any act
|
certified
by the Secretary of the Treasury, in concurrence with the Secretary
of
State and
|
the
Attorney General of the United States, to be an act of terrorism;
to be a
violent act or
|
an
act that is dangerous to human life, property or infrastructure;
to have
resulted in
|
damage
within the United States, or outside the United States in the case
of an
air carrier
|
or
vessel or the premises of a United States Mission; and to have been
committed by an
|
individual
or individuals acting on behalf of any foreign person or foreign
interest,
as part
|
of
an effort to coerce the civilian population of the United States
or to
influence the policy
|
or
affect the conduct of the United States Government by coercion.
|
|
You
should know that the insurance provided by your policy for losses
caused
by acts of
|
terrorism
is partially reimbursed by the United States under the formula set
forth
in the
|
Act.
Under this formula, the United States pays 90% of covered terrorism
losses
that
|
exceed
the statutorily established deductible to be paid by the insurance
company
|
providing
the coverage. The portion of your policy’s annual premium that is
attributable to
|
insurance
for such acts of terrorism is: $ -0-.
|
|
If
you have any questions about this notice, please contact your agent
or
broker.
|
Form
10-02-1281 (Ed.
1/2003)
|
|
|
|
All of the
members of the Chubb
Group of Insurance companies doing business in the United
|
States
(hereinafter “Chubb”)
distribute their products through licensed insurance brokers and
agents
|
(“producers”).
Detailed
information regarding the types of compensation paid by Chubb to
producers
on
|
US
insurance transactions is
available under the Producer Compensation link located at the bottom
of
the
|
page
at www.chubb.com, or by
calling 1-866-588-9478. Additional information may be available from
your
|
producer.
|
|
Thank you
for choosing
Chubb.
|
|
Important
Notice:
|
|
|
|
|
|
this
endorsement: February 25,
2008
|
|
FEDERAL
INSURANCE
COMPANY
|
||
|
|
Endorsement
No.: 1
|
||
|
|
To
be attached to and form a part
of Bond
|
||
|
|
Number:
|
|
81952296
|
|
||||
|
||||
Issued
to: TORTOISE CAPITAL
RESOURCES CORPORATION
|
||||
COMPLIANCE
WITH
APPLICABLE TRADE SANCTION LAWS RIDER
|
||||
It
is agreed that this insurance
does not apply to the extent that trade or economic sanctions or
other
laws
|
||||
or
regulations prohibit the
coverage provided by this insurance.
|
||||
|
||||
|
||||
|
||||
|
||||
ALL
OTHER TERMS AND CONDITIONS OF
THIS BOND REMAIN UNCHANGED.
|
|
|
|
|
FEDERAL
INSURANCE COMPANY
|
||
|
|
|
|
Endorsement
No: 2
|
||
|
|
|
|
Bond
Number:
|
|
81952296
|
NAME
OF ASSURED: TORTOISE CAPITAL
RESOURCES CORPORATION
|
|
|
||||
|
||||||
|
||||||
|
|
|
|
TERMINATION-NONRENEWAL-NOTICE
ENDORSEMENT
|
||
It
is agreed that this Bond is
amended as follows:
|
|
|
||||
1.
|
|
By
adding to Section 13.,
Termination, the following:
|
|
|
||
|
|
"Termination
By The
Company
|
|
|
||
|
|
Bonds
In Effect For More Than
Sixty (60) Days
|
|
|
||
|
|
If
this Bond has been in effect
for more than sixty (60) days, or, if this Bond is a renewal,
the
|
||||
|
|
COMPANY
may terminate by
providing written notice of cancellation at least sixty (60) days
before
the
|
||||
|
|
effective
date of termination for
at least one of the following reasons:
|
|
|
||
|
|
1.
|
|
Nonpayment
of
premium;
|
|
|
|
|
2.
|
|
Discovery
of fraud or material
misrepresentation in obtaining this Bond or in the presentation of
a
|
||
|
|
|
|
claim
thereunder;
|
|
|
|
|
3.
|
|
Discovery
of willful or reckless
acts or omissions or violation of any provision of this Bond on
the
|
||
|
|
|
|
part
of the ASSURED which
substantially and materially increases any hazard insured
against,
|
||
|
|
|
|
and
which occurred subsequent to
the inception of the current BOND PERIOD;
|
||
|
|
4.
|
|
Conviction
of the ASSURED of a
crime arising out of acts increasing the hazard insured
against;
|
||
|
|
5.
|
|
Material
change in the risk which
increases the risk of loss after insurance coverage has been
|
||
|
|
|
|
issued
or renewed, except to the
extent that the COMPANY should reasonably have foreseen the
|
||
|
|
|
|
change,
or contemplated the risk
when the contract was written;
|
|
|
|
|
6.
|
|
Determination
by the Commissioner
that the continuation of the Bond would jeopardize a
|
||
|
|
|
|
COMPANY'S
solvency or would place
the COMPANY in violation of the insurance laws of any
|
||
|
|
|
|
state;
|
|
|
|
|
7.
|
|
Determination
by the Commissioner
that continuation of the present premium volume of the
|
||
|
|
|
|
COMPANY
would jeopardize the
COMPANY'S policyholders, creditors or the public;
|
||
|
|
8.
|
|
Such
other reasons that are
approved by the Commissioner;
|
|
|
|
|
9.
|
|
Determination
by the Commissioner
that the COMPANY no longer has adequate reinsurance to
|
||
|
|
|
|
meet
the ASSUREDS
needs;
|
|
|
|
|
10.
|
|
Substantial
breaches of
contractual duties, conditions or warranties; or
|
||
|
|
11.
|
|
Unfavorable
underwriting facts,
specific to the ASSURED, existing that were not present at the
|
||
|
|
|
|
inception
of the
Bond.
|
|
|
ICAP
Bond
Form
17-02-1360 (Rev. 10-99) Page 1
|
|
||
If
this Bond has been in effect
for sixty (60) days or less, and it is not a renewal Bond, the
COMPANY
|
||
may
terminate for any reason by
providing written notice of termination at least sixty (60) days
before
|
||
the
effective date of
termination.
|
||
|
||
Notice
Of Termination
|
||
|
||
Notice
of termination under this
Section shall be mailed or delivered, by certified mail, return
receipt
|
||
provided
by the United States
Postal Service, to the ASSURED and to the authorized agent or broker,
if
|
||
any,
at least sixty (60) days
prior to the effective date of cancellation at the address shown
on
the
|
||
DECLARATIONS
of this
Bond.
|
||
|
||
If
this Bond is cancelled for
nonpayment of premium, the COMPANY will mail or deliver, by
certified
|
||
mail,
return receipt provided by
the United States Postal Service, a written notice at least thirty
(30)
|
||
days
before the effective date of
cancellation. The cancellation notice shall contain
information
|
||
regarding
the amount of premium
due and the due date, and shall state the effect of nonpayment
by
|
||
the
due date. Cancellation shall
not be effective if payment of the amount due is made prior to
the
|
||
effective
date of
cancellation.
|
||
|
||
All
notice of cancellation shall
state the reason(s) for cancellation.
|
||
|
||
There
is no liability on the part
of, and no cause of action of any nature shall arise against,
the
|
||
COMPANY,
its authorized
representatives, its employees, or any firm, person or corporation
furnishing
|
||
to
the COMPANY, information
relating to the reasons for cancellation or nonrenewal, for any
statement
|
||
made
by them in complying or
enabling the COMPANY to comply with this Section, for the provision
of
|
||
information
pertaining thereto,
or for statements made or evidence submitted at any hearings
|
||
conducted
in connection
therewith, if such information was provided in good faith and without
malice.
|
||
|
||
Notice
Of Nonrenewal
|
||
|
||
If
the COMPANY elects not to
renew this Bond, the COMPANY shall mail or deliver written notice,
by
|
||
certified
mail, return receipt,
provided by the United States Postal Service, to the ASSURED, at
his
last
|
||
known
address, at least sixty
(60) days before the expiration date or before the anniversary date,
if
this
|
||
Bond
has been written for a term
of more than one (1) year. Such notice shall also be mailed to
the
|
||
ASSURED'S
agent or broker, if
any.
|
||
|
||
Such
notice shall contain all of
the following:
|
||
|
||
a.
|
|
Bond
Number:
|
|
||
b.
|
|
Date
of Notice;
|
|
||
c.
|
|
Reason
for
Cancellation;
|
|
||
d.
|
|
Expiration
Date of the
Bond;
|
|
||
e.
|
|
Effective
Date and Hour of
Cancellation.
|
|
||
Notice
of nonrenewal shall not be
required if the COMPANY or a COMPANY within the same insurance
|
||
group
has offered to issue a
renewal Bond, the ASSURED has obtained replacement coverage or
has
|
||
agreed
in writing to obtain
replacement coverage, the ASSURED has requested or agreed to
|
||
nonrenewal,
or the Bond is
expressly designated as nonrenewable.
|
ICAP
Bond
Form
17-02-1360 (Rev. 10-99) Page 2
|
|
|
Return
Premium
Calculations
|
|
||
|
|
Any
unearned premiums which have
been paid by the ASSURED shall be refunded to the ASSURED
|
|
|
on
a pro rata basis if terminated
by the COMPANY or the ASSURED. The unearned premiums shall
|
|
|
be
refunded to the ASSURED within
forty-five (45) days of receipt of the request for cancellation or
the
|
|
|
effective
date of cancellation,
whichever is later.
|
|
||
|
|
Conditional
Renewal
|
|
||
|
|
If
the COMPANY offers or purports
to renew the Bond, but on less favorable terms or at higher
rates,
|
|
|
the
new terms or higher premiums
may take effect on the renewal date, if the COMPANY mails or
|
|
|
delivers
by certified mail,
return receipt provided by the United States Postal Service, to the
ASSURED,
|
|
|
notice
of the new terms or
premiums at least sixty (60) days prior to the renewal date. If
the
|
|
|
COMPANY
notifies the ASSURED
within sixty (60) days prior to the renewal date, the new terms
or
|
|
|
premiums
do not take effect until
sixty (60) days after the notice is mailed or delivered, in which
case,
|
|
|
the
ASSURED may elect to cancel
the renewal Bond within the sixty (60) day period. If the
COMPANY
|
|
|
does
not notify the ASSURED of
the new terms or premiums, the COMPANY shall continue the Bond
|
|
|
at
the expiring terms and
premiums until notice is given or until the effective date of
replacement
|
|
|
coverage
is obtained by the
ASSURED, whichever occurs first.”
|
|
||
2.
|
|
It
is further understood and
agreed that for the purposes of Section 13., Termination, any
occurrence
|
|
|
listed
in this Section shall be
considered to be a request by the ASSURED to immediately terminate
this
|
|
|
Bond.
|
|
||
|
||
|
||
This
Endorsement applies to loss
discovered after 12:01 a.m. on February 25, 2008.
|
||
|
||
|
||
|
||
|
||
ALL
OTHER TERMS AND CONDITIONS OF
THIS BOND REMAIN UNCHANGED.
|
ICAP
Bond
Form
17-02-1360 (Rev. 10-99) Page 3
|
Endorsement
No.: 3
|
||
Bond
Number:
|
|
81952296
|
NAME
OF ASSURED: TORTOISE CAPITAL
RESOURCES CORPORATION
|
||
|
||
KANSAS
AMENDATORY ENDORSEMENT
|
|
|
It
is agreed that this Bond is
amended by deleting paragraph d in its entirety from Section 7.,
Notice-Proof-
|
||
Legal
Proceedings Against
Company, and substituting the following:
|
|
|
"d
Legal proceedings for the
recovery of any loss under this Bond shall not be brought prior to
the
|
||
expiration
of sixty (60) days
after the proof of loss is filed with the COMPANY or after the expiration
of
|
||
five (5) years
from the discovery
of such loss."
|
|
|
|
||
|
||
This
Endorsement applies to loss
discovered after 12:01 a.m. on February 25, 2008.
|
||
|
||
ALL
OTHER TERMS AND CONDITIONS OF
THIS BOND REMAIN UNCHANGED.
|
|
|
|
|
|
|
ENDORSEMENT/RIDER
|
Effective
date of
|
|
|
|
|
||
this
endorsement/rider: February
25, 2008
|
|
FEDERAL
INSURANCE
COMPANY
|
||||
|
|
|
|
Endorsement/Rider
No.
|
|
4
|
|
|
|
|
To be attached
to and
|
|
|
|
|
|
|
form a part
of Bond
No.
|
|
81952296
|
|
||||||
|
||||||
Issued
to: TORTOISE CAPITAL
RESOURCES CORPORATION
|
|
|
||||
|
|
DELETING
VALUATION-OTHER PROPERTY
AND AMENDING CHANGE OR MODIFICATION
|
||||
|
|
|
|
ENDORSEMENT
|
|
|
In
consideration of the premium
charged, it is agreed that this Bond is amended as follows:
|
||||||
1.
|
|
The
paragraph titled Other
Property in Section 9, Valuation, is deleted in its entirety.
|
||||
2.
|
|
The
third paragraph in Section
16, Change or Modification, is deleted in its entirety and replaced
with
|
||||
|
|
the
following:
|
|
|
|
|
|
|
If
this Bond is for a joint
ASSURED, no change or modification which would adversely affect
the
|
||||
|
|
rights
of the ASSURED shall be
effective prior to sixty (60) days after written notice has
been
|
||||
|
|
furnished
to all insured
Investment
Companies and
the Securities and Exchange
Commission,
|
||||
|
|
Washington,
D.C., by the
COMPANY.
|
|
|
|
|
|
||||||
|
||||||
The
title and any headings in
this endorsement/rider are solely for convenience and form no part
of
the
|
||||||
terms
and conditions of
coverage.
|
|
|
|
|
||
All
other terms, conditions and
limitations of this Bond shall remain unchanged.
|
|
|