Re:
|
MACC
Private Equities Inc.
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For All the Commitments You
Makeâ
405
Howard Street, Suite 600, San Francisco, CA 94105
|
Declarations
INVESTMENT
COMPANY FIDELITY BOND
|
CUSTOMER
NUMBER
|
DATE
ISSUED
|
|||||
314722
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10/13/2009
|
|||||
POLICY
NUMBER
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COVERAGE
IS PROVIDED BY
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PRODUCER
NO.
|
|||
287343716
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Continental
Insurance Company
(herein
called ‘Underwriter’)
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712637
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||||
NAMED
INSURED AND ADDRESS
|
PRODUCER
|
|||||
Item
1.
|
MACC
Private Equities Inc. (herein called
‘Insured’)
101
Second Street SE, Suite 800
Cedar
Rapids, IA 52401
|
AON
Financial Services Group
Sarah
Mussard
4100
E. Mississippi AvenueSuite 1300
Denver,
CO 80246
|
INSURING CLAUSE |
LIMITED
OF
LIABILITY
|
DEDUCTIBLE
|
|
Employee
Premises
Transit
Forgery
or Alteration
Extended
Forgery
Counterfeit
Currency
Computer
Systems Fraud
Voice
Initiated Transfer Fraud
Uncollectible
Items of Deposit
Audit
Expense
|
$400,000
$400,000
$400,000
$400,000
$400,000
$400,000
$400,000
$400,000
$400,000
$50,000
|
$10,000
$10,000
$10,000
$10,000
$10,000
$10,000
$10,000
$10,000
$10,000
$5,000
|
For All the Commitments You
Makeâ
405
Howard Street, Suite 600, San Francisco, CA 94105
|
Declarations
INVESTMENT
COMPANY FIDELITY BOND
|
By:_____________________________
Attorney-in-fact
|
Countersigned By: |
|
||
Authorized
Representative
|
||||
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A.
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PROPERTY
|
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B.
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OFFICES
AND EQUIPMENT
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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 INSURED,
or
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c.
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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:
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I.
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written
records,
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II.
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securities
issued in registered form which are not endorsed or are restrictively
endorsed, or
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III.
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negotiable
instruments not payable to bearer, which are not endorsed or are
restrictively endorsed.
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Coverage
under this INSURING CLAUSE begins immediately on the receipt of such
Property by the natural person acting as a messenger or Transportation
Company and ends immediately on delivery to the premises of the addressee
or to any representative of the addressee located
anywhere.
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4.
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FORGERY
OR ALTERATION COVERAGE
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Loss
resulting directly from:
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a.
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Forgery
or fraudulent material alteration of, on or in 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
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b.
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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 INSURED authorizing or
acknowledging the transfer, payment, delivery or receipt of funds or other
Property, which instructions, advices or applications purport to bear the
handwritten signature of any customer of the INSURED, or shareholder or
subscriber to shares of an Investment Company, or of any banking
institution, stockbroker or Employee but which instructions or
applications either bear a Forgery or a fraudulent material alteration
without the knowledge and consent of such customer, shareholder,
subscriber to shares, banking institution, stockbroker, or
Employee;
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5.
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EXTENDED
FORGERY COVERAGE
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a.
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acquired,
accepted or received, sold or delivered, given value, extended credit, or
assumed liability in reliance upon any original Securities, documents or
other written instruments which
prove:
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I.
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to
bear a Forgery or fraudulent material
alteration,
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II.
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to
have been lost or stolen, or
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III.
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to
be Counterfeit, or
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b.
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guaranteed
in writing or witnessed any signatures upon any transfers, assignments,
bills of sale, powers of attorney, guarantees, endorsements or other
obligations upon or in connection with any Securities, documents or other
written instruments which pass or purport to pass title to
them.
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6.
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COUNTERFEIT
CURRENCY COVERAGE
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7.
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THREATS
TO PERSONS COVERAGE
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a.
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the
Employee who receives the threat has made a reasonable effort to notify an
officer of the INSURED who is not involved in such threat,
and
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b.
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the
INSURED has made a reasonable effort to notify the Federal Bureau of
Investigation and local law enforcement authorities concerning such
threat.
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8.
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COMPUTER
SYSTEMS COVERAGE
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a.
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Property
to be transferred, paid or
delivered,
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b.
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an
account of the INSURED, or of its customer, to be added, deleted, debited,
or credited, or
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c.
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an
unauthorized account or a fictitious account to be debited or
credited.
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9.
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VOICE
INITIATED TRANSACTION COVERAGE
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a.
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received
at the INSURED'S offices by those Employees of the INSURED specifically
authorized to receive the Voice Initiated
Transaction,
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b.
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made
by a person purporting to be a Customer,
and
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c.
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made
by said person for the purpose of causing the INSURED or Customer to
sustain a loss or making an improper personal financial gain for such
person or any other person.
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10.
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UNCOLLECTIBLE ITEMS OF DEPOSIT
COVERAGE
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a.
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redemption’s
or withdrawals to be permitted,
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b.
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shares
to be issued, or
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c.
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dividends
to be paid,
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11.
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AUDIT
EXPENSE COVERAGE
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1.
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EXCLUSIONS
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A.
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GENERAL
EXCLUSIONS APPLICABLE TO ALL INSURING
CLAUSES
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(1)
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loss
not reported to the UNDERWRITER in writing within thirty (30) days after
termination of this bond as an
entirety;
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(2)
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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. However, this exclusion 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 INSURED of such riot, civil
commotion, military, naval or usurped power, war or
insurrection;
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(3)
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loss
resulting from dishonest acts by any member of the Board of Directors or
Board of Trustees of the INSURED who is not an Employee, acting alone or
in collusion with others;
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(4)
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loss,
or that part of any loss, resulting solely from any violation by the
INSURED or by any Employee of any law, or rule, or regulation pursuant to
any law regulating:
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a.
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the
issuance, purchase or sale of
securities,
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b.
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transactions
on security or commodity exchanges or the over-the-counter
markets,
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c.
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investment
companies, or
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d.
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investment
advisors;
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(5)
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loss
of potential income including, but not limited to, interest and dividends
not realized by the INSURED or by any customer of the
INSURED;
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(6)
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loss
resulting from indirect or consequential loss of any
nature;
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(7)
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damages
of any type for which the INSURED is legally liable, except compensatory
damages (but not multiples thereof) arising from a loss covered under this
bond;
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(8)
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loss
resulting from the effects of nuclear fission or fusion or
radioactivity;
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(9)
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loss
resulting from the theft of confidential information, material or
data;
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(10)costs,
fees and expenses incurred by the INSURED in establishing the existence or
amount of loss under this bond, provided however, this EXCLUSION shall not
apply to INSURING CLAUSE 11.;
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(11)loss
resulting from voice requests or instructions received over the telephone,
provided however, this EXCLUSION shall not apply to INSURING CLAUSE 7. or
9.
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B.
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SPECIFIC
EXCLUSIONS APPLICABLE TO ALL INSURING CLAUSES EXCEPT INSURING
CLAUSE 1.
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This
bond does not directly or indirectly
cover:
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(1)
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loss
caused by an Employee, provided, however, this EXCLUSION shall not apply
to loss covered under INSURING CLAUSE 2. or 3. which results directly from
misplacement, mysterious unexplainable disappearance, or damage to or
destruction of Property;
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(2)
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loss
through the surrender of Property away from an office of the INSURED as a
result of a threat:
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a.
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to
do bodily harm to any person, except loss of Property in transit in the
custody of any person acting as messenger of the INSURED, provided that
when such transit was initiated there was no knowledge by the INSURED of
any such threat, and provided further that this EXCLUSION shall not apply
to INSURING CLAUSE 7., or
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b.
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to
do damage to the premises or property of the
INSURED;
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(3)
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loss
involving Items of Deposit which are not finally paid for any reason
provided however, that this EXCLUSION shall not apply to INSURING CLAUSE
10.;
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(4)
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loss
resulting from payments made or withdrawals from any account involving
erroneous credits to such account;
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(5)
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loss
of Property while in the mail:
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(6)
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loss
of Property while in the custody of a Transportation Company, provided
however, that this EXCLUSION shall not apply to INSURING CLAUSE
3.;
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(7)
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loss
resulting from the failure for any reason of a financial or depository
institution, its receiver or other liquidator to pay or deliver funds or
other Property to the INSURED provided further that this EXCLUSION shall
not apply to loss of Property resulting directly from robbery, burglary,
hold-up, misplacement, mysterious unexplainable disappearance, damage,
destruction or abstraction from the possession, custody or control of the
INSURED.
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C.
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EXCLUSIONS
APPLICABLE TO ALL INSURING CLAUSES EXCEPT INSURING CLAUSES 1., 4.,
5.
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(1)
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loss
resulting from forgery or any
alteration;
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(2)
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loss
resulting from the complete or partial non-payment of or default on any
loan whether such loan was procured in good faith or through trick,
artifice, fraud or false pretenses;
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(3)
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loss
involving a counterfeit provided, however, this EXCLUSION shall not apply
to INSURING CLAUSE 5. or 6.
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2.
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DISCOVERY
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a.
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facts
which may subsequently result in a loss of a type covered by this bond,
or
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b.
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an
actual or potential claim in which it is alleged that the INSURED 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.
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3.
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NOTICE
TO UNDERWRITER - PROOF - LEGAL PROCEEDINGS AGAINST
UNDERWRITER
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a.
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At
the earliest practicable moment, not to exceed thirty (30) days after
discovery of loss, the INSURED shall give the UNDERWRITER notice
thereof.
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b.
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Within
six (6) months after such discovery, the INSURED shall furnish to the
UNDERWRITER proof of loss, duly sworn to, with full
particulars.
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c.
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Securities
listed in a proof of loss shall be identified by certificate or bond
numbers, if issued with them.
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d.
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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 UNDERWRITER or after the expiration of twenty-four (24)
months from the discovery of such
loss.
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e.
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This
bond affords coverage only in favor of the INSURED. No claim,
suit, action or legal proceedings shall be brought under this bond by
anyone other than the INSURED.
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4.
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LIMIT
OF LIABILITY/NON - REDUCTION AND NON-ACCUMULATION OF
LIABILITY
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At
all times prior to termination of this bond, this bond shall continue in
force for the limit stated in the applicable sections of ITEM 3. of the
DECLARATIONS, notwithstanding any previous loss for which the UNDERWRITER
may have paid or be liable to pay under this bond provided, however, that
the liability of the UNDERWRITER under this bond with respect to all loss
resulting from:
|
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a.
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any
one act of burglary, robbery or hold-up, or attempt thereat, in which no
Employee is concerned or implicated,
or
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b.
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any
one unintentional or negligent act on the part of any one person resulting
in damage to or destruction or misplacement of Property,
or
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c.
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all
acts, other than those specified in a. above, of any one person,
or
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d.
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any
one casualty or event other than those specified in a., b., or c.
above,
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All
acts, as specified in c. above, of any one person
which
|
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i.
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directly
or indirectly aid in any way wrongful acts of any other person or persons,
or
|
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ii.
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permit
the continuation of wrongful acts of any other person or
persons
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5.
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DEDUCTIBLE
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6.
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COURT
COSTS AND ATTORNEYS' FEES
|
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a.
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an
Employee admits to being guilty of Larceny or
Embezzlement,
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b.
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an
Employee is adjudicated to be guilty of Larceny or
Embezzlement, or
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c.
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in
the absence of a. or b. above, an arbitration panel agrees, after a review
of an agreed statement of facts between the UNDERWRITER and the INSURED,
that an Employee would be found guilty of Larceny or Embezzlement if such
Employee were prosecuted.
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7.
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VALUATION
OF PROPERTY
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8.
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VALUATION
OF PREMISES AND FURNISHINGS
|
9.
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SECURITIES
SETTLEMENT
|
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a.
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for
securities having a value less than or equal to the applicable DEDUCTIBLE
AMOUNT one hundred (100% percent);
|
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b.
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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;
|
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c.
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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.
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10.
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SUBROGATION
- ASSIGNMENT-RECOVERY
|
11.
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COOPERATION
OF INSURED
|
12.
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OTHER
INSURANCE
|
13.
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ADDITIONAL
COMPANIES INCLUDED AS INSURED
|
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a.
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The
total liability of the UNDERWRITER 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 UNDERWRITER would be liable under this bond if all such losses
were sustained by any one of them.
|
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b.
|
Only
the first named INSURED 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 UNDERWRITER 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 INSURED and
notification of the terms of the settlement of each such claim prior to
the execution of such settlement.
|
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c.
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The
UNDERWRITER shall not be responsible for the proper application of any
payment made hereunder to the first named
INSURED.
|
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d.
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Knowledge
possessed or discovery made by any partner, director, trustee, officer or
supervisory employee of any INSURED shall constitute knowledge or
discovery by all the INSUREDS for the purposes of this
bond.
|
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e.
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If
the first named INSURED ceases for any reason to be covered under this
bond, then the INSURED next named shall thereafter be considered as the
first named INSURED for the purpose of this
bond.
|
14.
|
ADDITIONAL
OFFICES OR EMPLOYEES - CONSOLIDATION, MERGER OR PURCHASE OR ACQUISITION OF
ASSETS OR LIABILITIES - NOTICE TO
UNDERWRITER
|
|
a.
|
has
occurred or will occur in offices or on premises,
or
|
|
b.
|
has
been caused or will be caused by an employee or employees,
or
|
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c.
|
has
arisen or will arise out of the assets or liabilities
acquired
|
|
unless
the INSURED
|
|
i.
|
gives
the UNDERWRITER 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
|
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ii.
|
obtains
the written consent of the UNDERWRITER to extend some or all of the
coverage provided by this bond to such additional exposure,
and
|
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iii.
|
on
obtaining such consent pays to the UNDERWRITER an additional
premium.
|
15.
|
CHANGE
OF CONTROL - NOTICE TO UNDERWRITER
|
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a.
|
the
names of the transferors and transferees (or the names of the beneficial
owners if the voting securities are registered in another
name),
|
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b.
|
the
total number of voting securities owned by the transferors and the
transferees (or the beneficial owners), both immediately before and after
the transfer, and
|
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c.
|
the
total number of outstanding voting
securities.
|
16.
|
REPRESENTATIONS
MADE BY INSURED
|
17.
|
TERMINATION
- CANCELLATION
|
|
a.
|
immediately
on any partner, director, trustee, or officer or supervisory employee not
acting in collusion with such Employee, learning of any dishonest act
committed by such Employee at any time, whether in the employment of the
INSURED or otherwise, whether or not such act is of the type covered under
this bond, and whether against the INSURED or any other person or entity,
or
|
|
b.
|
sixty
(60) days after the receipt by each INSURED and by the Securities and
Exchange Commission, Washington, D.C., of a written notice from the
UNDERWRITER of its desire to terminate this bond as to such
Employee.
|
18.
|
CHANGE
OR MODIFICATION
|
|
DEFINITIONS
|
|
As
used in this bond:
|
|
Computer System
means:
|
|
1.
|
computers,
with related peripheral and storage components, wherever
located,
|
|
2.
|
systems
and applications software,
|
|
3.
|
terminal
devices, and
|
|
4.
|
related
communication networks by which data are electronically collected,
transmitted, processed, stored, and
retrieved.
|
|
Counterfeit means an
imitation of an actual valid original which is intended to deceive and be
taken as the original.
|
|
Employee
means:
|
|
1.
|
an
officer of the INSURED,
|
|
2.
|
a
natural person while in the regular service of the INSURED at any of the
INSURED'S offices and compensated directly by the INSURED 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 INSURED 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.
|
an
attorney retained by the INSURED and an employee of such attorney while
either is performing legal services for the
INSURED,
|
|
4.
|
a
person provided by an employment contractor to perform clerical, premises
maintenance or security duties for the INSURED under the INSURED'S
supervision at any of the INSURED'S offices or
premises,
|
|
5.
|
an
employee of an institution merged or consolidated with the INSURED prior
to the effective date of this bond,
|
|
6.
|
a
guest student pursuing studies or performing duties in any of the
INSURED'S offices,
|
|
7.
|
each
natural person, partnership or corporation authorized by written agreement
with the INSURED to perform services as electronic data processor of
checks or other accounting records 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 INSURED'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
INSURED,
|
|
8.
|
a
director or trustee of the INSURED, but only while performing acts within
the scope of the customary and usual duties of any officer or employee of
the INSURED 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 INSURED, or
|
|
9.
|
any
partner, officer or employee of an investment adviser, 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.
|
|
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 adviser 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).
|
|
MorAmerica
Capital Corporation
|
|
Eudaimonia
Asset Management, LLC
|
ADDING
OR DEDUCTING INSUREDS RIDER
|
FOR
USE WITH ALL FORMS OF BONDS
CONTAINING
A JOINT INSURED CLAUSE
OR
RIDER. TO ADD OR DEDUCT JOINT INSUREDS.
REVISED
TO MAY, 1957.
|
Must
Be Completed
|
Complete
only when this rider/endorsement is not prepared with the
bond/policy
or is not to be effective with the bond/policy
|
|||
Rider/Endorsement
No.
|
Policy
No.
|
Issued
to:
|
Effective
date of
this
rider/endorsement
|
Must
be Completed
|
Complete
Only When This Endorsement Is Not Prepared with the Policy
or is Not to be Effective with the
Policy
|
|||
ENDT.
NO.
|
POLICY
NO.
|
ISSUED
TO
|
EFFECTIVE
DATE OF
THIS
ENDORSEMENT
|
Must
be Completed
|
Complete
Only When This Endorsement Is Not Prepared with the Policy
or is Not to be Effective with the
Policy
|
|||
ENDT.
NO.
|
POLICY
NO.
|
ISSUED
TO
|
EFFECTIVE
DATE OF
THIS
ENDORSEMENT
|
Must
be Completed
|
Complete
Only When This Endorsement Is Not Prepared with the Policy
or is Not to be Effective with the
Policy
|
|||
ENDT.
NO.
2
|
POLICY
NO.
287343716
|
ISSUED
TO
|
EFFECTIVE
DATE OF
THIS
ENDORSEMENT
|