Chubb
Group of Insurance
Companies
|
DECLARATIONS
|
|||||||||||||||||
FINANCIAL
INSTITUTION INVESTMENT
|
||||||||||||||||||
15
Mountain View Road, Warren,
New Jersey 07059
|
COMPANY
ASSET PROTECTION BOND
|
|||||||||||||||||
NAME
OF ASSURED (including its
Subsidiaries):
|
Bond
Number:
81952296
|
|||||||||||||||||
TORTOISE
CAPITAL RESOURCES
CORPORATION
|
||||||||||||||||||
FEDERAL
INSURANCE
COMPANY
|
||||||||||||||||||
11550
ASH STREET, SUITE
300
|
Incorporated
under the laws of
Indiana
|
|||||||||||||||||
LEAWOOD,
KS
66211
|
a
stock insurance company herein
called the COMPANY
|
|||||||||||||||||
Capital
Center, 251 North
Illinois, Suite 1100
|
||||||||||||||||||
Indianapolis,
IN
46204-1927
|
||||||||||||||||||
ITEM
1.
|
BOND
PERIOD:
|
from
|
12:01
a.m.
on
|
February
25,
2009
|
||||||||||||||
to
|
12:01
a.m.
on
|
February
25,
2010
|
||||||||||||||||
ITEM
2.
|
LIMITS
OF LIABILITY--DEDUCTIBLE
AMOUNTS:
|
|||||||||||||||||
If
“Not
Covered” is inserted
below opposite any specified INSURING CLAUSE, such INSURING
CLAUSE
|
||||||||||||||||||
and
any other reference shall be
deemed to be deleted. There
shall be no deductible applicable to
any
|
||||||||||||||||||
loss
under INSURING
CLAUSE 1. sustained by any Investment
Company.
|
||||||||||||||||||
DEDUCTIBLE
|
||||||||||||||||||
INSURING
CLAUSE
|
LIMIT
OF
LIABILITY
|
AMOUNT
|
||||||||||||||||
1.
|
Employee
|
$
600,000
|
$
10,000
|
|||||||||||||||
2.
|
On
Premises
|
$
600,000
|
$
10,000
|
|||||||||||||||
3.
|
In
Transit
|
$
600,000
|
$
10,000
|
|||||||||||||||
4.
|
Forgery
or
Alteration
|
$
600,000
|
$
10,000
|
|||||||||||||||
5.
|
Extended
Forgery
|
$
600,000
|
$
10,000
|
|||||||||||||||
6.
|
Counterfeit
Money
|
$
600,000
|
$
10,000
|
|||||||||||||||
7.
|
Threats
to
Person
|
$
Not
Covered
|
$
N/A
|
|||||||||||||||
8.
|
Computer
System
|
$
600,000
|
$
10,000
|
|||||||||||||||
9.
|
Voice
Initiated Funds Transfer
Instruction
|
$
600,000
|
$
10,000
|
|||||||||||||||
10.
|
Uncollectible
Items of
Deposit
|
$
600,000
|
$
10,000
|
|||||||||||||||
11.
|
Audit
Expense
|
$
25,000
|
$
10,000
|
|||||||||||||||
ITEM
3.
|
THE
LIABILITY OF THE COMPANY IS
ALSO SUBJECT TO THE TERMS OF THE FOLLOWING
|
|||||||||||||||||
ENDORSEMENTS
EXECUTED
SIMULTANEOUSLY HEREWITH:
|
||||||||||||||||||
1,2,3,4
|
||||||||||||||||||
IN
WITNESS WHEREOF, THE COMPANY has
caused this Bond to be signed
by its authorized officers, but it shall not be
|
||||||||||||||||||
valid
unless also signed by an
authorized representative of the Company.
|
ICAP
Bond (5-98) -
Federal
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
1 of
1
|
The
COMPANY, in consideration of
payment of the required premium, and in reliance
|
||||||||
on
the APPLICATION and all other
statements made and information furnished to the
|
||||||||
COMPANY
by the ASSURED, and
subject to the DECLARATIONS made a part of this
|
||||||||
Bond
and to all other terms and
conditions of this Bond, agrees to pay the
ASSURED
|
||||||||
for:
|
||||||||
Insuring
Clauses
|
||||||||
Employee
|
1.
|
Loss
resulting directly from
Larceny
or
Embezzlement
committed
by any
|
||||||
Employee,
alone or in collusion with
others.
|
||||||||
On
Premises
|
2.
|
Loss
of Property
resulting
directly from robbery, burglary, false
pretenses,
|
||||||
common
law or statutory larceny,
misplacement, mysterious unexplainable
|
||||||||
disappearance,
damage,
destruction or removal, from the possession, custody
or
|
||||||||
control
of the ASSURED, while
such Property
is
lodged
or deposited at premises
|
||||||||
located
anywhere.
|
||||||||
In
Transit
|
3.
|
Loss
of Property
resulting
directly from common law or statutory larceny,
|
||||||
misplacement,
mysterious
unexplainable disappearance, damage or
destruction,
|
||||||||
while
the Property
is
in
transit anywhere:
|
||||||||
a.
|
in
an armored motor vehicle,
including loading and unloading thereof,
|
|||||||
b.
|
in
the custody of a natural
person acting as a messenger of the ASSURED,
|
|||||||
or
|
||||||||
c.
|
in
the custody of a Transportation
Company and
being transported in a
|
|||||||
conveyance
other than an armored
motor vehicle provided, however, that
|
||||||||
covered
Property
transported
in such manner is limited to the following:
|
||||||||
(1)
|
written
records,
|
|||||||
(2)
|
securities
issued in registered
form, which are not endorsed or are
|
|||||||
restrictively
endorsed,
or
|
||||||||
(3)
|
negotiable
instruments not
payable to bearer, which are not endorsed
|
|||||||
or
are restrictively
endorsed.
|
||||||||
Coverage
under this INSURING
CLAUSE begins immediately on the receipt of
|
||||||||
such
Property
by
the
natural person or Transportation
Company and
ends
|
||||||||
immediately
on delivery to the
premises of the addressee or to any
representative
|
||||||||
of
the addressee located
anywhere.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
1 of
19
|
Insuring
Clauses
|
||||||||
(continued)
|
||||||||
Forgery
Or
Alteration
|
4.
|
Loss
resulting directly
from:
|
||||||
a.
|
Forgery
on,
or
fraudulent material alteration of, any bills of
exchange,
|
|||||||
checks,
drafts, acceptances,
certificates of deposits, promissory notes, due
|
||||||||
bills,
money orders, orders upon
public treasuries, letters of credit, other
|
||||||||
written
promises, orders or
directions to pay sums certain in money, or
|
||||||||
receipts
for the withdrawal of
Property,
or
|
||||||||
b.
|
transferring,
paying or
delivering any funds or other Property,
or
establishing
|
|||||||
any
credit or giving any value in
reliance on any written instructions, advices
|
||||||||
or
applications directed to the
ASSURED authorizing or acknowledging the
|
||||||||
transfer,
payment, delivery or
receipt of funds or other Property,
which
|
||||||||
instructions,
advices or
applications fraudulently purport to bear the
|
||||||||
handwritten
signature of any
customer of the ASSURED, or shareholder or
|
||||||||
subscriber
to shares of an
Investment
Company,
or
of any financial
|
||||||||
institution
or Employee
but
which
instructions, advices or applications either
|
||||||||
bear
a Forgery
or
have
been fraudulently materially altered without the
|
||||||||
knowledge
and consent of such
customer, shareholder, subscriber, financial
|
||||||||
institution
or Employee;
|
||||||||
excluding,
however, under this
INSURING CLAUSE any loss covered under
|
||||||||
INSURING
CLAUSE 5. of this Bond,
whether or not coverage for INSURING
|
||||||||
CLAUSE
5. is provided for in the
DECLARATIONS of this Bond.
|
||||||||
For
the purpose of this INSURING
CLAUSE, a mechanically reproduced facsimile
|
||||||||
signature
is treated the same as
a handwritten signature.
|
||||||||
Extended
Forgery
|
5.
|
Loss
resulting directly from the
ASSURED having, in good faith, and in the
|
||||||
ordinary
course of business, for
its own account or the account of others in any
|
||||||||
capacity:
|
||||||||
a.
|
acquired,
accepted or received,
accepted or received, sold or delivered, or
|
|||||||
given
value, extended credit or
assumed liability, in reliance on any original
|
||||||||
Securities,
documents or
other written instruments which
prove to:
|
||||||||
(1)
|
bear
a Forgery
or
a
fraudulently material alteration,
|
|||||||
(2)
|
have
been lost or stolen,
or
|
|||||||
(3)
|
be
Counterfeit,
or
|
|||||||
b.
|
guaranteed
in writing or
witnessed any signatures on any transfer,
|
|||||||
assignment,
bill of sale, power
of attorney, guarantee, endorsement or other
|
||||||||
obligation
upon or in connection
with any Securities,
documents or other
|
||||||||
written
instruments.
|
||||||||
Actual
physical possession, and
continued actual physical possession if taken as
|
||||||||
collateral,
of such Securities,
documents or
other written instruments by
an
|
||||||||
Employee,
Custodian,
or a Federal or State chartered deposit institution of
the
|
||||||||
ASSURED
is a condition precedent
to the ASSURED having relied on such items.
|
||||||||
Release
or return of such
collateral is an acknowledgment by the ASSURED that
it
|
||||||||
no
longer relies on such
collateral.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
2 of
19
|
Insuring
Clauses
|
||||||||
Extended
Forgery
|
For
the purpose of this INSURING
CLAUSE, a mechanically reproduced facsimile
|
|||||||
(continued)
|
signature
is treated the same as
a handwritten signature.
|
|||||||
Counterfeit
Money
|
6.
|
Loss
resulting directly from the
receipt by the ASSURED in good faith of any
|
||||||
Counterfeit
money.
|
||||||||
Threats
To
Person
|
7.
|
Loss
resulting directly from
surrender of Property
away
from
an office of the
|
||||||
ASSURED
as a result of a threat
communicated to the ASSURED to do bodily
|
||||||||
harm
to an Employee
as
defined
in Section 1.e. (1), (2) and (5), a Relative
or
|
||||||||
invitee
of such Employee,
or a resident of the household
of such Employee,
who
|
||||||||
is,
or allegedly is, being held
captive provided, however, that prior to the
surrender
|
||||||||
of
such Property:
|
||||||||
a.
|
the
Employee
who
receives the threat has made a reasonable effort
to
|
|||||||
notify
an officer of the ASSURED
who is not involved in such threat, and
|
||||||||
b.
|
the
ASSURED has made a reasonable
effort to notify the Federal Bureau of
|
|||||||
Investigation
and local law
enforcement authorities concerning such threat.
|
||||||||
It
is agreed that for purposes of
this INSURING CLAUSE, any Employee
of
the
|
||||||||
ASSURED,
as set forth in the
preceding paragraph, shall be deemed to be an
|
||||||||
ASSURED
hereunder, but only with
respect to the surrender of money, securities
|
||||||||
and
other tangible personal
property in which such Employee
has
a legal
or
|
||||||||
equitable
interest.
|
||||||||
Computer
System
|
8.
|
Loss
resulting directly from
fraudulent:
|
||||||
a.
|
entries
of data into,
or
|
|||||||
b.
|
changes
of data elements or
programs within,
|
|||||||
a
Computer
System,
provided the fraudulent entry or change causes:
|
||||||||
(1)
|
funds
or other property to be
transferred, paid or delivered,
|
|||||||
(2)
|
an
account of the ASSURED or of
its customer to be added, deleted,
|
|||||||
debited
or credited,
or
|
||||||||
(3)
|
an
unauthorized account or a
fictitious account to be debited or
|
|||||||
credited.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
3 of
19
|
Insuring
Clauses
|
||||||
(continued)
|
||||||
Voice
Initiated
Funds
|
9.
|
Loss
resulting directly from Voice
Initiated Funds
Transfer Instruction directed
|
||||
Transfer
Instruction
|
to
the ASSURED authorizing the
transfer of dividends or redemption proceeds of
|
|||||
Investment
Company shares
from a Customer's
account,
provided such Voice
|
||||||
Initiated
Funds Transfer
Instruction was:
|
||||||
a.
|
received
at the ASSURED'S offices
by those Employees
of
the
ASSURED
|
|||||
specifically
authorized to
receive the Voice
Initiated Funds Transfer
|
||||||
Instruction,
|
||||||
b.
|
made
by a person purporting to be
a Customer,
and
|
|||||
c.
|
made
by said person for the
purpose of causing the ASSURED or Customer
|
|||||
to
sustain a loss or making an
improper personal financial gain for such
|
||||||
person
or any other
person.
|
||||||
In
order for coverage to apply
under this INSURING CLAUSE, all Voice
Initiated
|
||||||
Funds
Transfer Instructions must
be received and processed in
accordance with
|
||||||
the
Designated Procedures
outlined in the APPLICATION furnished to the
|
||||||
COMPANY.
|
||||||
Uncollectible
Items
of
|
10.
|
Loss
resulting directly from the
ASSURED having credited an account of a
|
||||
Deposit
|
customer,
shareholder or
subscriber on the faith of any Items
of Deposit which
|
|||||
prove
to be uncollectible,
provided that the crediting of such account
causes:
|
||||||
a.
|
redemptions
or withdrawals to be
permitted,
|
|||||
b.
|
shares
to be issued,
or
|
|||||
c.
|
dividends
to be
paid,
|
|||||
from
an account of an
Investment
Company.
|
||||||
In
order for coverage to apply
under this INSURING CLAUSE, the ASSURED
|
||||||
must
hold Items
of Deposit for
the minimum number of days
stated in the
|
||||||
APPLICATION
before permitting any
redemptions or withdrawals, issuing any
|
||||||
shares
or paying any dividends
with respect to such Items
of Deposit.
|
||||||
Items
of Deposit shall
not be deemed uncollectible
until the ASSURED'S
|
||||||
standard
collection procedures
have failed.
|
||||||
Audit
Expense
|
11.
|
Expense
incurred by the ASSURED
for that part of the cost of audits or
|
||||
examinations
required by any
governmental regulatory authority or
self-regulatory
|
||||||
organization
to be conducted by
such authority, organization or their appointee
by
|
||||||
reason
of the discovery of loss
sustained by the ASSURED and covered by this
|
||||||
Bond.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
4 of
19
|
General
Agreements
|
||||||
Additional
Companies
|
A.
|
If
more than one corporation, or
Investment
Company,
or
any combination of
|
||||
Included
As
Assured
|
them
is included as the ASSURED
herein:
|
|||||
(1)
|
The
total liability of the
COMPANY under this Bond for loss or losses
|
|||||
sustained
by any one or more or
all of them shall not exceed the limit for
|
||||||
which
the COMPANY would be liable
under this Bond if all such loss were
|
||||||
sustained
by any one of
them.
|
||||||
(2)
|
Only
the first named ASSURED
shall be deemed to be the sole agent of the
|
|||||
others
for all purposes under
this Bond, including but not limited to the
giving
|
||||||
or
receiving of any notice or
proof required to be given and for the purpose
of
|
||||||
effecting
or accepting any
amendments to or termination of this Bond. The
|
||||||
COMPANY
shall furnish each
Investment
Company with
a copy of
the
|
||||||
Bond
and with any amendment
thereto, together with a copy of each formal
|
||||||
filing
of claim by any other
named ASSURED and notification of the terms of
|
||||||
the
settlement of each such claim
prior to the execution of such settlement.
|
||||||
(3)
|
The
COMPANY shall not be
responsible for the proper application of any
|
|||||
payment
made hereunder to the
first named ASSURED.
|
||||||
(4)
|
Knowledge
possessed or discovery
made by any partner, director, trustee,
|
|||||
officer
or supervisory employee
of any ASSURED shall constitute knowledge
|
||||||
or
discovery by all the ASSUREDS
for the purposes of this Bond.
|
||||||
(5)
|
If
the first named ASSURED ceases
for any reason to be covered under this
|
|||||
Bond,
then the ASSURED next named
on the APPLICATION shall thereafter
|
||||||
be
considered as the first named
ASSURED for the purposes of this Bond.
|
||||||
Representation
Made
By
|
B.
|
The
ASSURED represents that all
information it has furnished in the
|
||||
Assured
|
APPLICATION
for this Bond or
otherwise is complete, true and correct. Such
|
|||||
APPLICATION
and other information
constitute part of this Bond.
|
||||||
The
ASSURED must promptly notify
the COMPANY of any change in any fact or
|
||||||
circumstance
which materially
affects the risk assumed by the COMPANY under
|
||||||
this
Bond.
|
||||||
Any
intentional
misrepresentation, omission, concealment or incorrect statement
of
|
||||||
a
material fact, in the
APPLICATION or otherwise, shall be grounds for recision
of
|
||||||
this
Bond.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
5 of
19
|
General
Agreements
|
||||||
(continued)
|
||||||
Additional
Offices
Or
|
C.
|
If
the ASSURED, other than an
Investment
Company,
while this Bond is in force,
|
||||
Employees
-
Consolidation,
|
merges
or consolidates with, or
purchases or acquires assets or liabilities of
|
|||||
Merger
Or Purchase
Or
|
another
institution, the ASSURED
shall not have the coverage afforded under this
|
|||||
Acquisition
Of Assets
Or
|
Bond
for loss which
has:
|
|||||
Liabilities
- Notice
To
|
(1)
|
occurred
or will occur on
premises, or
|
||||
Company
|
||||||
(2)
|
been
caused or will be caused by
an employee, or
|
|||||
(3)
|
arisen
or will arise out of the
assets or liabilities,
|
|||||
of
such institution, unless the
ASSURED:
|
||||||
a.
|
gives
the COMPANY written notice
of the proposed consolidation, merger or
|
|||||
purchase
or acquisition of assets
or liabilities prior to the proposed effective
|
||||||
date
of such action,
and
|
||||||
b.
|
obtains
the written consent of
the COMPANY to extend some or all of the
|
|||||
coverage
provided by this Bond to
such additional exposure, and
|
||||||
c.
|
on
obtaining such consent, pays
to the COMPANY an additional premium.
|
|||||
Change
Of Control
-
|
D.
|
When
the ASSURED learns of a
change in control (other than in an Investment
|
||||
Notice
To
Company
|
Company),
as set forth in Section 2(a)
(9) of the Investment Company Act of
|
|||||
1940,
|
the
ASSURED shall within sixty
(60) days give written notice to the
|
|||||
COMPANY
setting
forth:
|
||||||
(1)
|
the
names of the transferors and
transferees (or the names of the beneficial
|
|||||
owners
if the voting securities
are registered in another name),
|
||||||
(2)
|
the
total number of voting
securities owned by the transferors and the
|
|||||
transferees
(or the beneficial
owners), both immediately before and after the
|
||||||
transfer,
and
|
||||||
(3)
|
the
total number of outstanding
voting securities.
|
|||||
Failure
to give the required
notice shall result in termination of coverage for
any
|
||||||
loss
involving a transferee, to
be effective on the date of such change in
control.
|
||||||
Court
Costs
And
|
E.
|
The
COMPANY will indemnify the
ASSURED for court costs and reasonable
|
||||
Attorneys’
Fees
|
attorneys'
fees incurred and paid
by the ASSURED in defense, whether or not
|
|||||
successful,
whether or not fully
litigated on the merits and whether or not
settled,
|
||||||
of
any claim, suit or legal
proceeding with respect to which the ASSURED
would
|
||||||
be
entitled to recovery under
this Bond. However, with respect to INSURING
|
||||||
CLAUSE
1., this Section shall
only apply in the event that:
|
||||||
(1)
|
an
Employee
admits
to being guilty of Larceny
or
Embezzlement,
|
|||||
(2)
|
an
Employee
is
adjudicated to be guilty of Larceny
or Embezzlement,
or
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
6 of
19
|
General
Agreements
|
||||
Court
Costs
And
|
(3)
|
in
the absence of 1 or 2 above,
an arbitration panel agrees, after a review of
|
||
Attorneys’
Fees
|
an
agreed statement of facts
between the COMPANY and the ASSURED,
|
|||
(continued)
|
that
an Employee
would
be
found guilty of Larceny
or Embezzlement if
|
|||
such
Employee
were
prosecuted.
|
||||
The
ASSURED shall promptly give
notice to the COMPANY of any such suit or
|
||||
legal
proceeding and at the
request of the COMPANY shall furnish copies of
all
|
||||
pleadings
and pertinent papers to
the COMPANY. The COMPANY may, at its
|
||||
sole
option, elect to conduct the
defense of all or part of such legal proceeding.
|
||||
The
defense by the COMPANY shall
be in the name of the ASSURED through
|
||||
attorneys
selected by the
COMPANY. The ASSURED shall provide all
reasonable
|
||||
information
and assistance as
required by the COMPANY for such defense.
|
||||
If
the COMPANY declines to defend
the ASSURED, no settlement without the
|
||||
prior
written consent of the
COMPANY nor judgment against the ASSURED shall
|
||||
determine
the existence, extent
or amount of coverage under this Bond.
|
||||
If
the amount demanded in any
such suit or legal proceeding is within the
|
||||
DEDUCTIBLE
AMOUNT, if any, the
COMPANY shall have no liability for court
|
||||
costs
and attorney's fees
incurred in defending all or part of such suit or
legal
|
||||
proceeding.
|
||||
If
the amount demanded in any
such suit or legal proceeding is in excess of
the
|
||||
LIMIT
OF LIABILITY stated in ITEM
2. of the DECLARATIONS for the applicable
|
||||
INSURING
CLAUSE, the COMPANY'S
liability for court costs and attorney's fees
|
||||
incurred
in defending all or part
of such suit or legal proceedings is limited to
the
|
||||
proportion
of such court costs
and attorney's fees incurred that the LIMIT OF
|
||||
LIABILITY
stated in ITEM 2. of
the DECLARATIONS for the applicable INSURING
|
||||
CLAUSE
bears to the total of the
amount demanded in such suit or legal
|
||||
proceeding.
|
||||
If
the amount demanded is any
such suit or legal proceeding is in excess of
the
|
||||
DEDUCTIBLE
AMOUNT, if any, but
within the LIMIT OF LIABILITY stated in ITEM
|
||||
2.
|
of
the DECLARATIONS for the
applicable INSURING CLAUSE, the
|
|||
COMPANY'S
liability for court
costs and attorney's fees incurred in defending all
or
|
||||
part
of such suit or legal
proceedings shall be limited to the proportion of
such
|
||||
court
costs or attorney's fees
that the amount demanded that would be payable
|
||||
under
this Bond after application
of the DEDUCTIBLE AMOUNT, bears to the total
|
||||
amount
demanded.
|
||||
Amounts
paid by the COMPANY for
court costs and attorneys' fees shall be in
|
||||
addition
to the LIMIT OF
LIABILITY stated in ITEM 2. of the
DECLARATIONS.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
7 of
19
|
Conditions
And
|
||||||||
Limitations
|
||||||||
Definitions
|
1.
|
As
used in this
Bond:
|
||||||
a.
|
Computer
System means
a computer and all input,
output, processing,
|
|||||||
storage,
off-line media
libraries, and communication facilities which
are
|
||||||||
connected
to the computer and
which are under the control and supervision
|
||||||||
of
the operating system(s) or
application(s) software used by the ASSURED.
|
||||||||
b.
|
Counterfeit
means
an
imitation of an actual valid original which is
intended
|
|||||||
to
deceive and be taken as the
original.
|
||||||||
c.
|
Custodian
means
the
institution designated by an Investment
Company to
|
|||||||
maintain
possession and control
of its assets.
|
||||||||
d.
|
Customer
means
an
individual, corporate, partnership, trust
customer,
|
|||||||
shareholder
or subscriber of an
Investment
Company which
has a
written
|
||||||||
agreement
with the ASSURED for
Voice
Initiated Funds Transfer
|
||||||||
Instruction.
|
||||||||
e.
|
Employee
means:
|
|||||||
(1)
|
an
officer of the
ASSURED,
|
|||||||
(2)
|
a
natural person while in the
regular service of the ASSURED at any of
|
|||||||
the
ASSURED'S premises and
compensated directly by the ASSURED
|
||||||||
through
its payroll system and
subject to the United States Internal
|
||||||||
Revenue
Service Form W-2 or
equivalent income reporting plans of
|
||||||||
other
countries, and whom the
ASSURED has the right to control and
|
||||||||
direct
both as to the result to
be accomplished and details and means
|
||||||||
by
which such result is
accomplished in the performance of such
|
||||||||
service,
|
||||||||
(3)
|
a
guest student pursuing studies
or performing duties in any of the
|
|||||||
ASSURED'S
premises,
|
||||||||
(4)
|
an
attorney retained by the
ASSURED and an employee of such
|
|||||||
attorney
while either is
performing legal services for the ASSURED,
|
||||||||
(5)
|
a
natural person provided by an
employment contractor to perform
|
|||||||
employee
duties for the ASSURED
under the ASSURED'S supervision
|
||||||||
at
any of the ASSURED'S
premises,
|
||||||||
(6)
|
an
employee of an institution
merged or consolidated with the
|
|||||||
ASSURED
prior to the effective
date of this Bond,
|
||||||||
(7)
|
a
director or trustee of the
ASSURED, but only while performing acts
|
|||||||
within
the scope of the customary
and usual duties of any officer or
|
||||||||
other
employee of the ASSURED or
while acting as a member of any
|
||||||||
committee
duly elected or
appointed to examine or audit or have
|
||||||||
custody
of or access to
Property
of
the
ASSURED, or
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
8 of
19
|
Conditions
And
|
||||||
Limitations
|
||||||
Definitions
|
(8)
|
each
natural person, partnership
or corporation authorized by written
|
||||
(continued)
|
agreement
with the ASSURED to
perform services as electronic data
|
|||||
processor
of checks or other
accounting records related to such checks but
|
||||||
only
while such person,
partnership or corporation is actually
performing
|
||||||
such
services and
not:
|
||||||
a.
|
creating,
preparing, modifying or
maintaining the ASSURED'S
|
|||||
computer
software or programs,
or
|
||||||
b.
|
acting
as transfer agent or in
any other agency capacity in issuing
|
|||||
checks,
drafts or securities for
the ASSURED,
|
||||||
(9)
|
any
partner, officer or employee
of an investment advisor, an underwriter
|
|||||
(distributor),
a transfer agent
or shareholder accounting recordkeeper, or an
|
||||||
administrator,
for an
Investment
Company while
performing acts
coming
|
||||||
within
the scope of the customary
and usual duties of an officer or employee
|
||||||
of
an Investment
Company or
acting as a member of any committee duly
|
||||||
elected
or appointed to examine,
audit or have custody of or access to
|
||||||
Property
of
an
Investment Company.
|
||||||
The
term Employee
shall
not
include any partner, officer or employee of a
|
||||||
transfer
agent, shareholder
accounting recordkeeper or administrator:
|
||||||
a.
|
which
is not an "affiliated
person" (as defined in Section 2(a) of the
|
|||||
Investment
Company Act of 1940)
of an Investment
Company or
of
|
||||||
the
investment advisor or
underwriter (distributor) of such Investment
|
||||||
Company,
or
|
||||||
b.
|
which
is a "bank" (as defined in
Section 2(a) of the Investment
|
|||||
Company
Act of
1940).
|
||||||
This
Bond does not afford
coverage in favor of the employers of
|
||||||
persons
as set forth in e. (4),
(5) and (8) above, and upon payment to
|
||||||
the
ASSURED by the COMPANY
resulting directly from Larceny
or
|
||||||
Embezzlement
committed
by any of the partners, officers or
|
||||||
employees
of such employers,
whether acting alone or in collusion with
|
||||||
others,
an assignment of such of
the ASSURED'S rights and causes of
|
||||||
action
as it may have against
such employers by reason of such acts
|
||||||
so
committed shall, to the extent
of such payment, be given by the
|
||||||
ASSURED
to the COMPANY, and the
ASSURED shall execute all
|
||||||
papers
necessary to secure to the
COMPANY the rights provided for
|
||||||
herein.
|
||||||
Each
employer of persons as set
forth in e.(4), (5) and (8) above and the
|
||||||
partners,
officers and other
employees of such employers shall collectively
|
||||||
be
deemed to be one person for
all the purposes of this Bond; excepting,
|
||||||
however,
the fifth paragraph of
Section 13.
|
||||||
Independent
contractors not
specified in e.(4), (5) or (8) above,
|
||||||
intermediaries,
agents, brokers
or other representatives of the same general
|
||||||
character
shall not be considered
Employees.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
9 of
19
|
Conditions
And
|
||||
Limitations
|
||||
Definitions
|
f.
|
Forgery
means
the
signing of the name of another natural person with
the
|
||
(continued)
|
intent
to deceive but does not
mean a signature which consists in whole or in
|
|||
part
of one's own name, with or
without authority, in any capacity for any
|
||||
purpose.
|
||||
g.
|
Investment
Company means
any investment company
registered under the
|
|||
Investment
Company Act of 1940
and listed under the NAME OF ASSURED
|
||||
on
the
DECLARATIONS.
|
||||
h.
|
Items
of Deposit means
one or more checks or
drafts drawn upon a
|
|||
financial
institution in the
United States of America.
|
||||
i.
|
Larceny
or Embezzlement means
larceny or embezzlement as
defined in
|
|||
Section
37 of the Investment
Company Act of 1940.
|
||||
j.
|
Property
means
money, revenue and other stamps; securities; including
any
|
|||
note,
stock, treasury stock,
bond, debenture, evidence of indebtedness,
|
||||
certificate
of deposit,
certificate of interest or participation in any
profit-
|
||||
sharing
agreement, collateral
trust certificate, preorganization certificate
or
|
||||
subscription,
transferable share,
investment contract, voting trust certificate,
|
||||
certificate
of deposit for a
security, fractional undivided interest in oil, gas,
or
|
||||
other
mineral rights, any
interest or instruments commonly known as a
|
||||
security
under the Investment
Company Act of 1940, any other certificate of
|
||||
interest
or participation in,
temporary or interim certificate for, receipt
for,
|
||||
guarantee
of, or warrant or right
to subscribe to or purchase any of the
|
||||
foregoing;
bills of exchange;
acceptances; checks; withdrawal orders; money
|
||||
orders;
travelers' letters of
credit; bills of lading; abstracts of title;
insurance
|
||||
policies,
deeds, mortgages on
real estate and/or upon chattels and interests
|
||||
therein;
assignments of such
policies, deeds or mortgages; other valuable
|
||||
papers,
including books of
accounts and other records used by the
|
||||
ASSURED
in the conduct of its
business (but excluding all electronic data
|
||||
processing
records); and, all
other instruments similar to or in the nature of
|
||||
the
foregoing in which the
ASSURED acquired an interest at the time of the
|
||||
ASSURED'S
consolidation or merger
with, or purchase of the principal
|
||||
assets
of, a predecessor or which
are held by the ASSURED for any
|
||||
purpose
or in any capacity and
whether so held gratuitously or not and
|
||||
whether
or not the ASSURED is
liable therefor.
|
||||
k.
|
Relative
means
the
spouse of an Employee
or
partner
of the ASSURED
|
|||
and
any unmarried child supported
wholly by, or living in the home of, such
|
||||
Employee
or
partner
and being related to them by blood, marriage or
legal
|
||||
guardianship.
|
||||
l.
|
Securities,
documents or
other written instruments means
original
|
|||
(including
original counterparts)
negotiable or non-negotiable instruments, or
|
||||
assignments
thereof, which in and
of themselves represent an equitable
|
||||
interest,
ownership, or debt and
which are in the ordinary course of business
|
||||
transferable
by delivery of such
instruments with any necessary
|
||||
endorsements
or
assignments.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
10 of
19
|
Conditions
And
|
||||||
Limitations
|
||||||
Definitions
|
m.
|
Subsidiary
means
any
organization that, at the inception date of this
Bond,
|
||||
(continued)
|
is
named in the APPLICATION or is
created during the BOND PERIOD and
|
|||||
of
which more than fifty percent
(50%) of the outstanding securities or voting
|
||||||
rights
representing the present
right to vote for election of directors is owned
|
||||||
or
controlled by the ASSURED
either directly or through one or more of its
|
||||||
subsidiaries.
|
||||||
n.
|
Transportation
Company means
any organization which
provides its own
|
|||||
or
its leased vehicles for
transportation or which provides freight
forwarding
|
||||||
or
air express
services.
|
||||||
o.
|
Voice
Initiated Election means
any election concerning
dividend options
|
|||||
available
to Investment
Company shareholders
or subscribers which
is
|
||||||
requested
by voice over the
telephone.
|
||||||
p.
|
Voice
Initiated Redemption means
any redemption of shares
issued by an
|
|||||
Investment
Company which
is requested by voice over
the telephone.
|
||||||
q.
|
Voice
Initiated Funds
Transfer Instruction means
any Voice
Initiated
|
|||||
Redemption
or
Voice
Initiated Election.
|
||||||
For
the purposes of these
definitions, the singular includes the plural and
the
|
||||||
plural
includes the singular,
unless otherwise indicated.
|
||||||
General
Exclusions
-
|
2.
|
This
bond does not
directly or indirectly cover:
|
||||
Applicable
to All
Insuring
|
a.
|
loss
not reported to the COMPANY
in writing within sixty (60) days after
|
||||
Clauses
|
termination
of this Bond as an
entirety;
|
|||||
b.
|
loss
due to riot or civil
commotion outside the United States of America
and
|
|||||
Canada,
or any loss due to
military, naval or usurped power, war or
|
||||||
insurrection.
This Section 2.b.,
however, shall not apply to loss which occurs
|
||||||
in
transit in the circumstances
recited in INSURING CLAUSE 3., provided
|
||||||
that
when such transit was
initiated there was no knowledge on the part of
|
||||||
any
person acting for the ASSURED
of such riot, civil commotion, military,
|
||||||
naval
or usurped power, war or
insurrection;
|
||||||
c.
|
loss
resulting from the effects
of nuclear fission or fusion or radioactivity;
|
|||||
d.
|
loss
of potential income
including, but not limited to, interest and
dividends
|
|||||
not
realized by the ASSURED or by
any customer of the ASSURED;
|
||||||
e.
|
damages
of any type for which the
ASSURED is legally liable, except
|
|||||
compensatory
damages, but not
multiples thereof, arising from a loss
|
||||||
covered
under this
Bond;
|
||||||
f.
|
costs,
fees and expenses incurred
by the ASSURED in establishing the
|
|||||
existence
of or amount of loss
under this Bond, except to the extent covered
|
||||||
under
INSURING CLAUSE
11.;
|
||||||
g.
|
loss
resulting from indirect or
consequential loss of any
nature;
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
11 of
19
|
Conditions
And
|
||||||||||
Limitations
|
||||||||||
General
Exclusions
-
|
h.
|
loss
resulting from dishonest
acts by any member of the Board of Directors
|
||||||||
Applicable
to All
Insuring
|
or
Board of Trustees of the
ASSURED who is not an Employee,
acting
|
|||||||||
Clauses
|
alone
or in collusion with
others;
|
|||||||||
(continued)
|
i.
|
loss,
or that part of any loss,
resulting solely from any violation by the
|
||||||||
ASSURED
or by any Employee:
|
||||||||||
(1)
|
of
any law
regulating:
|
|||||||||
a.
|
the
issuance, purchase or sale of
securities,
|
|||||||||
b.
|
securities
transactions on
security or commodity exchanges or
|
|||||||||
the
over the counter
market,
|
||||||||||
c.
|
investment
companies,
|
|||||||||
d.
|
investment
advisors,
or
|
|||||||||
(2)
|
of
any rule or regulation made
pursuant to any such law; or
|
|||||||||
j.
|
loss
of confidential information,
material or data;
|
|||||||||
k.
|
loss
resulting from voice
requests or instructions received over the
|
|||||||||
telephone,
provided however, this
Section 2.k. shall not apply to INSURING
|
||||||||||
CLAUSE
7. or
9.
|
||||||||||
Specific
Exclusions
-
|
3.
|
This
Bond does not
directly or indirectly cover:
|
||||||||
Applicable
To All
Insuring
|
a.
|
loss
caused by an Employee,
provided, however, this Section
3.a. shall not
|
||||||||
Clauses
Except
Insuring
|
apply
to loss covered under
INSURING CLAUSE 2. or 3. which results
|
|||||||||
Clause
1.
|
directly
from misplacement,
mysterious unexplainable disappearance, or
|
|||||||||
damage
or destruction of
Property;
|
||||||||||
b.
|
loss
through the surrender of
property away from premises of the ASSURED
|
|||||||||
as
a result of a
threat:
|
||||||||||
(1)
|
to
do bodily harm to any natural
person, except loss of Property
in
|
|||||||||
transit
in the custody of any
person acting as messenger of the
|
||||||||||
ASSURED,
provided that when such
transit was initiated there was no
|
||||||||||
knowledge
by the ASSURED of any
such threat, and provided further
|
||||||||||
that
this Section 3.b. shall not
apply to INSURING CLAUSE 7., or
|
||||||||||
(2)
|
to
do damage to the premises or
Property
of
the
ASSURED;
|
|||||||||
c.
|
loss
resulting from payments made
or withdrawals from any account
|
|||||||||
involving
erroneous credits to
such account;
|
||||||||||
d.
|
loss
involving Items
of Deposit which
are not finally paid for
any reason
|
|||||||||
provided
however, that this
Section 3.d. shall not apply to INSURING
|
||||||||||
CLAUSE
10.;
|
||||||||||
e.
|
loss
of property while in the
mail;
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
12 of
19
|
Conditions
And
|
||||||
Limitations
|
||||||
Specific
Exclusions
-
|
f.
|
loss
resulting from the failure
for any reason of a financial or depository
|
||||
Applicable
To All
Insuring
|
institution,
its receiver or
other liquidator to pay or deliver funds or
other
|
|||||
Clauses
Except
Insuring
|
Property
to
the
ASSURED provided further that this Section 3.f. shall
not
|
|||||
Clause
1.
|
apply
to loss of Property
resulting
directly from robbery, burglary,
|
|||||
(continued)
|
misplacement,
mysterious
unexplainable disappearance, damage,
|
|||||
destruction
or removal from the
possession, custody or control of the
|
||||||
ASSURED.
|
||||||
g.
|
loss
of Property
while
in
the custody of a Transportation
Company,
|
|||||
provided
however, that this
Section 3.g. shall not apply to INSURING
|
||||||
CLAUSE
3.;
|
||||||
h.
|
loss
resulting from entries or
changes made by a natural person with
|
|||||
authorized
access to a
Computer
System who
acts in good faith on
|
||||||
instructions,
unless such
instructions are given to that person by a
software
|
||||||
contractor
or its partner,
officer, or employee authorized by the ASSURED
to
|
||||||
design,
develop, prepare, supply,
service, write or implement programs for
|
||||||
the
ASSURED's Computer
System;
or
|
||||||
i.
|
loss
resulting directly or
indirectly from the input of data into a Computer
|
|||||
System
terminal,
either on the premises of the customer of the
ASSURED
|
||||||
or
under the control of such a
customer, by a customer or other person who
|
||||||
had
authorized access to the
customer's authentication mechanism.
|
||||||
Specific
Exclusions
-
|
4.
|
This
bond does not
directly or indirectly cover:
|
||||
Applicable
To All
Insuring
|
a.
|
loss
resulting from the complete
or partial non-payment of or default on any
|
||||
Clauses
Except
Insuring
|
loan
whether such loan was
procured in good faith or through trick,
artifice,
|
|||||
Clauses
1., 4., And
5.
|
fraud
or false pretenses;
provided, however, this Section 4.a. shall not
apply
|
|||||
to
INSURING CLAUSE
8.;
|
||||||
b.
|
loss
resulting from forgery or
any alteration;
|
|||||
c.
|
loss
involving a counterfeit
provided, however, this Section 4.c. shall not
|
|||||
apply
to INSURING CLAUSE 5. or
6.
|
||||||
Limit
Of
Liability/Non-
|
5.
|
At
all times prior to termination
of this Bond, this Bond shall continue in force
for
|
||||
Reduction
And
Non-
|
the
limit stated in the
applicable sections of ITEM 2. of the
DECLARATIONS,
|
|||||
Accumulation
Of
Liability
|
notwithstanding
any previous loss
for which the COMPANY may have paid or be
|
|||||
liable
to pay under this Bond
provided, however, that the liability of the
COMPANY
|
||||||
under
this Bond with respect to
all loss resulting from:
|
||||||
a.
|
any
one act of burglary, robbery
or hold-up, or attempt thereat, in which no
|
|||||
Employee
is
concerned or implicated, or
|
||||||
b.
|
any
one unintentional or
negligent act on the part of any one person
|
|||||
resulting
in damage to or
destruction or misplacement of Property,
or
|
||||||
c.
|
all
acts, other than those
specified in a. above, of any one person,
or
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
13 of
19
|
Conditions
And
|
||||||
Limitations
|
||||||
Limit
Of
Liability/Non-
|
d.
|
any
one casualty or event other
than those specified in a., b., or c. above,
|
||||
Reduction
And
Non-
|
shall
be deemed to be one loss
and shall be limited to the applicable LIMIT OF
|
|||||
Accumulation
Of
Liability
|
LIABILITY
stated in ITEM 2. of
the DECLARATIONS of this Bond irrespective of
|
|||||
(continued)
|
the
total amount of such loss or
losses and shall not be cumulative in amounts
|
|||||
from
year to year or from period
to period.
|
||||||
All
acts, as specified in c.
above, of any one person which
|
||||||
i.
|
directly
or indirectly aid in any
way wrongful acts of any other person or
|
|||||
persons,
or
|
||||||
ii.
|
permit
the continuation of
wrongful acts of any other person or persons
|
|||||
whether
such acts are committed
with or without the knowledge of the wrongful
|
||||||
acts
of the person so aided, and
whether such acts are committed with or without
|
||||||
the
intent to aid such other
person, shall be deemed to be one loss with the
|
||||||
wrongful
acts of all persons so
aided.
|
||||||
Discovery
|
6.
|
This
Bond applies only to loss
first discovered by an officer of the ASSURED
|
||||
during
the BOND PERIOD. Discovery
occurs at the earlier of an officer of the
|
||||||
ASSURED
being aware
of:
|
||||||
a.
|
facts
which may subsequently
result in a loss of a type covered by this Bond,
|
|||||
or
|
||||||
b.
|
an
actual or potential claim in
which it is alleged that the ASSURED is liable
|
|||||
to
a third
party,
|
||||||
regardless
of when the act or
acts causing or contributing to such loss
occurred,
|
||||||
even
though the amount of loss
does not exceed the applicable DEDUCTIBLE
|
||||||
AMOUNT,
or the exact amount or
details of loss may not then be known.
|
||||||
Notice
To Company
-
|
7.
|
a.
|
The
ASSURED shall give the
COMPANY notice thereof at the earliest
|
|||
Proof
- Legal
Proceedings
|
practicable
moment, not to exceed
sixty (60) days after discovery of loss, in
|
|||||
Against
Company
|
an
amount that is in excess of
50% of the applicable DEDUCTIBLE
|
|||||
AMOUNT,
as stated in ITEM 2. of
the DECLARATIONS.
|
||||||
b.
|
The
ASSURED shall furnish to the
COMPANY proof of loss, duly sworn to,
|
|||||
with
full particulars within six
(6) months after such discovery.
|
||||||
c.
|
Securities
listed in a proof of
loss shall be identified by certificate or bond
|
|||||
numbers,
if issued with
them.
|
||||||
d.
|
Legal
proceedings for the
recovery of any loss under this Bond shall not
be
|
|||||
brought
prior to the expiration
of sixty (60) days after the proof of loss is
filed
|
||||||
with
the COMPANY or after the
expiration of twenty-four (24) months from
|
||||||
the
discovery of such
loss.
|
||||||
e.
|
This
Bond affords coverage only
in favor of the ASSURED. No claim, suit,
|
|||||
action
or legal proceedings shall
be brought under this Bond by anyone
|
||||||
other
than the
ASSURED.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
14 of
19
|
Conditions
And
|
||||||
Limitations
|
||||||
Notice
To Company
-
|
f.
|
Proof
of loss involving Voice
Initiated Funds
Transfer Instruction shall
|
||||
Proof
- Legal
Proceedings
|
include
electronic recordings of
such instructions.
|
|||||
Against
Company
|
||||||
(continued)
|
||||||
Deductible
Amount
|
8.
|
The
COMPANY shall not be liable
under any INSURING CLAUSES of this Bond
|
||||
on
account of loss unless the
amount of such loss, after deducting the net
amount
|
||||||
of
all reimbursement and/or
recovery obtained or made by the ASSURED, other
|
||||||
than
from any Bond or policy of
insurance issued by an insurance company and
|
||||||
covering
such loss, or by the
COMPANY on account thereof prior to payment by
|
||||||
the
COMPANY of such loss, shall
exceed the DEDUCTIBLE AMOUNT set forth in
|
||||||
ITEM
3. of the DECLARATIONS, and
then for such excess only, but in no event
|
||||||
for
more than the applicable
LIMITS OF LIABILITY stated in ITEM 2. of the
|
||||||
DECLARATIONS.
|
||||||
There
shall be no deductible
applicable to any loss under INSURING CLAUSE 1.
|
||||||
sustained
by any Investment
Company.
|
||||||
Valuation
|
9.
|
BOOKS
OF ACCOUNT OR OTHER
RECORDS
|
||||
The
value of any loss of
Property
consisting
of books of account or other records
|
||||||
used
by the ASSURED in the
conduct of its business shall be the amount paid
by
|
||||||
the
ASSURED for blank books,
blank pages, or other materials which replace
the
|
||||||
lost
books of account or other
records, plus the cost of labor paid by the
|
||||||
ASSURED
for the actual
transcription or copying of data to reproduce such
books
|
||||||
of
account or other
records.
|
||||||
The
value of any loss of
Property
other
than
books of account or other records
|
||||||
used
by the ASSURED in the
conduct of its business, for which a claim is
made
|
||||||
shall
be determined by the
average market value of such Property
on
the
|
||||||
business
day immediately
preceding discovery of such loss provided,
however,
|
||||||
that
the value of any
Property
replaced
by
the ASSURED with the consent of the
|
||||||
COMPANY
and prior to the
settlement of any claim for such Property
shall
be
the
|
||||||
actual
market value at the time
of replacement.
|
||||||
In
the case of a loss of interim
certificates, warrants, rights or other securities,
the
|
||||||
production
of which is necessary
to the exercise of subscription, conversion,
|
||||||
redemption
or deposit privileges,
the value of them shall be the market value of
|
||||||
such
privileges immediately
preceding their expiration if said loss is not
discovered
|
||||||
until
after their expiration. If
no market price is quoted for such Property
or
for
|
||||||
such
privileges, the value shall
be fixed by agreement between the parties.
|
||||||
OTHER
PROPERTY
|
||||||
The
value of any loss of
Property,
other than as stated above,
shall be the actual
|
||||||
cash
value or the cost of
repairing or replacing such Property
with
Property
of
|
||||||
like
quality and value, whichever
is less.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
15 of
19
|
Conditions
And
|
||||||
Limitations
|
||||||
(continued)
|
||||||
Securities
Settlement
|
10.
|
In
the event of a loss of
securities covered under this Bond, the COMPANY
may,
|
||||
at
its sole discretion, purchase
replacement securities, tender the value of the
|
||||||
securities
in money, or issue its
indemnity to effect replacement securities.
|
||||||
The
indemnity required from the
ASSURED under the terms of this Section
|
||||||
against
all loss, cost or expense
arising from the replacement of securities by
the
|
||||||
COMPANY'S
indemnity shall
be:
|
||||||
a.
|
for
securities having a value
less than or equal to the applicable
|
|||||
DEDUCTIBLE
AMOUNT - one hundred
(100%) percent;
|
||||||
b.
|
for
securities having a value in
excess of the DEDUCTIBLE AMOUNT but
|
|||||
within
the applicable LIMIT OF
LIABILITY - the percentage that the
|
||||||
DEDUCTIBLE
AMOUNT bears to the
value of the securities;
|
||||||
c.
|
for
securities having a value
greater than the applicable LIMIT OF LIABILITY
|
|||||
-
the percentage that the
DEDUCTIBLE AMOUNT and portion in excess of
|
||||||
the
applicable LIMIT OF LIABILITY
bears to the value of the securities.
|
||||||
The
value referred to in Section
10.a., b., and c. is the value in accordance
with
|
||||||
Section
9, VALUATION, regardless
of the value of such securities at the time the
|
||||||
loss
under the COMPANY'S
indemnity is sustained.
|
||||||
The
COMPANY is not required to
issue its indemnity for any portion of a loss of
|
||||||
securities
which is not covered
by this Bond; however, the COMPANY may do so
|
||||||
as
a courtesy to the ASSURED and
at its sole discretion.
|
||||||
The
ASSURED shall pay the
proportion of the Company's premium charge for
the
|
||||||
Company's
indemnity as set forth
in Section 10.a., b., and c. No portion of the
|
||||||
LIMIT
OF LIABILITY shall be used
as payment of premium for any indemnity
|
||||||
purchased
by the ASSURED to
obtain replacement securities.
|
||||||
Subrogation
- Assignment -
11.
|
In
the event of a payment under
this Bond, the COMPANY shall be subrogated to
|
|||||
Recovery
|
all
of the ASSURED'S rights of
recovery against any person or entity to the
extent
|
|||||
of
such payment. On request, the
ASSURED shall deliver to the COMPANY an
|
||||||
assignment
of the ASSURED'S
rights, title and interest and causes of action
|
||||||
against
any person or entity to
the extent of such payment.
|
||||||
Recoveries,
whether effected by
the COMPANY or by the ASSURED, shall be
|
||||||
applied
net of the expense of
such recovery in the following order:
|
||||||
a.
|
first,
to the satisfaction of the
ASSURED'S loss which would otherwise have
|
|||||
been
paid but for the fact that
it is in excess of the applicable LIMIT OF
|
||||||
LIABILITY,
|
||||||
b.
|
second,
to the COMPANY in
satisfaction of amounts paid in settlement of
|
|||||
the
ASSURED'S
claim,
|
||||||
c.
|
third,
to the ASSURED in
satisfaction of the applicable DEDUCTIBLE
|
|||||
AMOUNT,
and
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
16 of
19
|
Conditions
And
|
||||||
Limitations
|
||||||
Subrogation
- Assignment
-
|
d.
|
fourth,
to the ASSURED in
satisfaction of any loss suffered by the
|
||||
Recovery
|
ASSURED
which was not covered
under this Bond.
|
|||||
(continued)
|
Recovery
from reinsurance or
indemnity of the COMPANY shall not be deemed a
|
|||||
recovery
under this
section.
|
||||||
Cooperation
Of
Assured
|
12.
|
At
the COMPANY'S request and at
reasonable times and places designated by
|
||||
the
COMPANY, the ASSURED
shall:
|
||||||
a.
|
submit
to examination by the
COMPANY and subscribe to the same under
|
|||||
oath,
|
||||||
b.
|
produce
for the COMPANY'S
examination all pertinent records, and
|
|||||
c.
|
cooperate
with the COMPANY in all
matters pertaining to the loss.
|
|||||
The
ASSURED shall execute all
papers and render assistance to secure to the
|
||||||
COMPANY
the rights and causes of
action provided for under this Bond. The
|
||||||
ASSURED
shall do nothing after
loss to prejudice such rights or causes of
action.
|
||||||
Termination
|
13.
|
If
the Bond is for a sole
ASSURED, it shall not be terminated unless written
notice
|
||||
shall
have been given by the
acting party to the affected party and to the
|
||||||
Securities
and Exchange
Commission, Washington, D.C., not less than sixty
(60)
|
||||||
days
prior to the effective date
of such termination.
|
||||||
If
the Bond is for a joint
ASSURED, it shall not be terminated unless written
notice
|
||||||
shall
have been given by the
acting party to the affected party, and by the
|
||||||
COMPANY
to all ASSURED
Investment
Companies and
to the Securities
and
|
||||||
Exchange
Commission, Washington,
D.C., not less than sixty (60) days prior to
|
||||||
the
effective date of such
termination.
|
||||||
This
Bond will terminate as to
any one ASSURED, other than an Investment
|
||||||
Company:
|
||||||
a.
|
immediately
on the taking over of
such ASSURED by a receiver or other
|
|||||
liquidator
or by State or Federal
officials, or
|
||||||
b.
|
immediately
on the filing of a
petition under any State or Federal statute
|
|||||
relative
to bankruptcy or
reorganization of the ASSURED, or assignment for
|
||||||
the
benefit of creditors of the
ASSURED, or
|
||||||
c.
|
immediately
upon such ASSURED
ceasing to exist, whether through merger
|
|||||
into
another entity, disposition
of all of its assets or otherwise.
|
||||||
The
COMPANY shall refund the
unearned premium computed at short rates in
|
||||||
accordance
with the standard
short rate cancellation tables if terminated by
the
|
||||||
ASSURED
or pro rata if terminated
for any other reason.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
17 of
19
|
Conditions
And
|
||||||
Limitations
|
||||||
Termination
|
If
any partner, director,
trustee, or officer or supervisory employee of
an
|
|||||
(continued)
|
ASSURED
not acting in collusion
with an Employee
learns
of
any dishonest act
|
|||||
committed
by such Employee
at
any
time, whether in the employment of the
|
||||||
ASSURED
or otherwise, whether or
not such act is of the type covered under this
|
||||||
Bond,
and whether against the
ASSURED or any other person or entity, the
|
||||||
ASSURED:
|
||||||
a.
|
shall
immediately remove such
Employee
from
a
position that would enable
|
|||||
such
Employee
to
cause
the ASSURED to suffer a loss covered by this
|
||||||
Bond;
and
|
||||||
b.
|
within
forty-eight (48) hours of
learning that an Employee
has
committed
|
|||||
any
dishonest act, shall notify
the COMPANY, of such action and provide full
|
||||||
particulars
of such dishonest
act.
|
||||||
The
COMPANY may terminate
coverage as respects any Employee
sixty
(60)
|
||||||
days
after written notice is
received by each ASSURED Investment
Company
|
||||||
and
the Securities and Exchange
Commission, Washington, D.C. of its desire to
|
||||||
terminate
this Bond as to such
Employee.
|
||||||
Other
Insurance
|
14.
|
Coverage
under this Bond shall
apply only as excess over any valid and
collectible
|
||||
insurance,
indemnity or
suretyship obtained by or on behalf of:
|
||||||
a.
|
the
ASSURED,
|
|||||
b.
|
a
Transportation
Company,
or
|
|||||
c.
|
another
entity on whose premises
the loss occurred or which employed the
|
|||||
person
causing the loss or
engaged the messenger conveying the Property
|
||||||
involved.
|
||||||
Conformity
|
15.
|
If
any limitation within this
Bond is prohibited by any law controlling this
Bond's
|
||||
construction,
such limitation
shall be deemed to be amended so as to equal the
|
||||||
minimum
period of limitation
provided by such law.
|
||||||
Change
or
Modification
|
16.
|
This
Bond or any instrument
amending or affecting this Bond may not be
changed
|
||||
or
modified orally. No change in
or modification of this Bond shall be effective
|
||||||
except
when made by written
endorsement to this Bond signed by an authorized
|
||||||
representative
of the
COMPANY.
|
||||||
If
this Bond is for a sole
ASSURED, no change or modification which would
|
||||||
adversely
affect the rights of
the ASSURED shall be effective prior to sixty
(60)
|
||||||
days
after written notice has
been furnished to the Securities and Exchange
|
||||||
Commission,
Washington, D.C., by
the acting party.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
18 of
19
|
Conditions
And
|
||
Limitations
|
||
Change
or
Modification
|
If
this Bond is for a joint
ASSURED, no charge or modification which would
|
|
(continued)
|
adversely
affect the rights of
the ASSURED shall be effective prior to sixty
(60)
|
|
days
after written notice has
been furnished to all insured Investment
Companies
|
||
and
to the Securities and
Exchange Commission, Washington, D.C., by the
|
||
COMPANY.
|
ICAP
Bond
(5-98)
|
|
Form
17-02-1421 (Ed.
5-98)
|
Page
19 of
19
|
POLICYHOLDER
|
DISCLOSURE
NOTICE
OF
|
TERRORISM
INSURANCE
COVERAGE
|
(for
policies with no terrorism exclusion or
sublimit)
|
You
are hereby notified that, under the Terrorism Risk Insurance Act
(the
“Act”), effective
|
December
26, 2007, this policy makes available to you insurance for losses
arising
out of
|
certain
acts of terrorism. Terrorism is defined as any act certified by
the
Secretary of the
|
Treasury,
in concurrence with the Secretary of State and the Attorney General
of
the
|
United
States, to be an act of terrorism; to be a violent act or an act
that is
dangerous to
|
human
life, property or infrastructure; to have resulted in damage within
the
United
|
States,
or outside the United States in the case of an air carrier or vessel
or
the premises
|
of
a United States Mission; and to have been committed by an individual
or
individuals as
|
part
of an effort to coerce the civilian population of the United States
or to
influence the
|
policy
or affect the conduct of the United States Government by
coercion.
|
You
should know that the insurance provided by your policy for losses
caused
by acts of
|
terrorism
is partially reimbursed by the United States under the formula
set forth
in the
|
Act.
Under this formula, the United States pays 85% of covered terrorism
losses
that
|
exceed
the statutorily established deductible to be paid by the insurance
company
|
providing
the coverage.
|
However,
if aggregate insured losses attributable to terrorist acts certified
under
the Act
|
exceed
$100 billion in a Program Year (January 1 through December 31),
the
Treasury
|
shall
not make any payment for any portion of the amount of such losses
that
exceeds
|
$100
billion.
|
If
aggregate insured losses attributable to terrorist acts certified
under
the Act exceed
|
$100
billion in a Program Year (January 1 through December 31) and we
have met
our
|
insurer
deductible under the Act, we shall not be liable for the payment
of any
portion of
|
the
amount of such losses that exceeds $100 billion, and in such case
insured
losses up
|
to
that amount are subject to pro rata allocation in accordance with
procedures
|
established
by the Secretary of the Treasury.
|
The
portion of your 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.
|
IMPORTANT
NOTICE TO
POLICYHOLDERS
|
All
of the members of the Chubb
Group of Insurance companies doing business in the
United
|
States
(hereinafter “Chubb”)
distribute their products through licensed insurance brokers and
agents
|
(“producers”).
Detailed
information regarding the types of compensation paid by Chubb to
producers
on
|
US
insurance transactions is
available under the Producer Compensation link located at the bottom
of
the
|
page
at www.chubb.com, or by
calling 1-866-588-9478. Additional information may be available
from
|
your
producer.
|
Thank
you for choosing
Chubb.
|
Important
Notice:
|
The
SEC Requires Proof of
Your Fidelity Insurance Policy
|
Your
company is now required to
file an electronic copy of your fidelity insurance
coverage
|
(Chubb’s
ICAP Bond policy) to the
Securities and Exchange Commission (SEC), according
to
|
rules
adopted by the SEC on June
12, 2006.
|
Chubb
is in the process of
providing your agent/broker with an electronic copy of your
insurance
|
policy
as well as instructions on
how to submit this proof of fidelity insurance coverage to
the
|
SEC.
You can expect to receive
this information from your agent/broker shortly.
|
The
electronic copy of your
policy is provided by Chubb solely as a convenience and does
not
|
affect
the terms and conditions
of coverage as set forth in the paper policy you receive by
mail.
|
The
terms and conditions of the
policy mailed to you, which are the same as those set forth
in
|
the
electronic copy, constitute
the entire agreement between your company and
Chubb.
|
If
you have any questions, please
contact your agent or
broker.
|
Effective
date
of
|
||||
this
endorsement: February 25,
2009
|
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
|
Bonds
In Effect Sixty (60) Days
Or Less
|
||
If
this Bond has been in effect
for sixty (60) days or less, and it is not a renewal Bond, the
COMPANY
|
||
may
terminate for any reason by
providing written notice of termination at least sixty (60) days
before
|
||
the
effective date of
termination.
|
||
Notice
Of
Termination
|
||
Notice
of termination under this
Section shall be mailed or delivered, by certified mail, return
receipt
|
||
provided
by the United States
Postal Service, to the ASSURED and to the authorized agent or broker,
if
|
||
any,
at least sixty (60) days
prior to the effective date of cancellation at the address shown
on
the
|
||
DECLARATIONS
of this
Bond.
|
||
If
this Bond is cancelled for
nonpayment of premium, the COMPANY will mail or deliver, by
certified
|
||
mail,
return receipt provided by
the United States Postal Service, a written notice at least thirty
(30)
days
|
||
before
the effective date of
cancellation. The cancellation notice shall contain information
regarding
the
|
||
amount
of premium due and the due
date, and shall state the effect of nonpayment by the due
date.
|
||
Cancellation
shall not be
effective if payment of the amount due is made prior to the effective
date
of
|
||
cancellation.
|
||
All
notice of cancellation shall
state the reason(s) for cancellation.
|
||
There
is no liability on the part
of, and no cause of action of any nature shall arise against,
the
|
||
COMPANY,
its authorized
representatives, its employees, or any firm, person or corporation
furnishing
|
||
to
the COMPANY, information
relating to the reasons for cancellation or nonrenewal, for any
statement
|
||
made
by them in complying or
enabling the COMPANY to comply with this Section, for the provision
of
|
||
information
pertaining thereto,
or for statements made or evidence submitted at any hearings
conducted
|
||
in
connection therewith, if such
information was provided in good faith and without
malice.
|
||
Notice
Of
Nonrenewal
|
||
If
the COMPANY elects not to
renew this Bond, the COMPANY shall mail or deliver written notice,
by
|
||
certified
mail, return receipt,
provided by the United States Postal Service, to the ASSURED, at
his
last
|
||
known
address, at least sixty
(60) days before the expiration date or before the anniversary
date, if
this
|
||
Bond
has been written for a term
of more than one (1) year. Such notice shall also be mailed to
the
|
||
ASSURED'S
agent or broker, if
any.
|
||
Such
notice shall contain all of
the following:
|
||
a.
|
Bond
Number:
|
|
b.
|
Date
of
Notice;
|
|
c.
|
Reason
for
Cancellation;
|
|
d.
|
Expiration
Date of the
Bond;
|
|
e.
|
Effective
Date and Hour of
Cancellation.
|
|
Notice
of nonrenewal shall not be
required if the COMPANY or a COMPANY within the same
insurance
|
||
group
has offered to issue a
renewal Bond, the ASSURED has obtained replacement coverage or
has
|
||
agreed
in writing to obtain
replacement coverage, the ASSURED has requested or agreed
to
|
||
nonrenewal,
or the Bond is
expressly designated as
nonrenewable.
|
ICAP
Bond
|
|
Form
17-02-1360 (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,
2009.
|
||
ALL
OTHER TERMS AND CONDITIONS OF
THIS BOND REMAIN UNCHANGED.
|
ICAP
Bond
|
|
Form
17-02-1360 (Rev.
10-99)
|
Page
3
|
FEDERAL
INSURANCE
COMPANY
|
||
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,
2009.
|
||
ALL
OTHER TERMS AND CONDITIONS OF
THIS BOND REMAIN UNCHANGED.
|
ENDORSEMENT/RIDER
|
||||||
Effective
date
of
|
||||||
this
endorsement/rider: February
25, 2009
|
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.
|
Page
1
|