e40v17g
HORIZON TECHNOLOGY FINANCE CORPORATION
76 Batterson Park Road
Farmington CT, 06032
January 10,
2011
VIA EDGAR
U.S. Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549-0506
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Re: |
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Horizon Technology Finance Corporation File No. 814-00802 Rule 17g-1(g) Fidelity Bond Filing |
Ladies and Gentlemen:
On behalf of Horizon Technology Finance Corporation (the Company), enclosed herewith
for filing, pursuant to Rule 17g-1(g) under the Investment Company Act of 1940, as amended, are the
following:
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1. |
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a copy of the Fidelity Bond and any riders thereto covering the Company; and |
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2. |
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a Certificate of the Corporate Secretary of the Company containing the resolutions of
the Board of Directors approving the amount, type, form and coverage of the Fidelity Bond
and a statement as to the period for which premiums have been paid. |
Please contact me at (860) 676-8654 if you have any questions.
Sincerely,
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HORIZON TECHNOLOGY FINANCE CORPORATION
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/s/ Christopher M. Mathieu
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Christopher M. Mathieu |
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Senior Vice President, Chief Financial Officer, and Treasurer |
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HORIZON TECHNOLOGY FINANCE CORPORATION
SECRETARYS CERTIFICATE
I, John C. Bombara, the Secretary of Horizon Technology Finance Corporation, a Delaware corporation
(the Company), do hereby certify that:
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1. |
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This certificate is being delivered to the Securities and Exchange Commission (the
SEC) in connection with the filing of the Companys fidelity bond (the
Bond) pursuant to Rule 17g-1 of the Investment Company Act of 1940, as amended
(the 1940 Act), and the SEC is entitled to rely on this certificate for purposes
of the filing. |
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2. |
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The undersigned is the duly elected, qualified and acting Secretary of the Company, and
has custody of the corporate records of the Company and is a proper officer to make this
certification. |
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3. |
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Attached hereto as Exhibit A is a copy of the resolution approved by the Board of
Directors of the Company, including a majority of the Board of Directors who are not
interested persons of the Company, as such term is defined by the 1940 Act, approving the
amount, type, form and coverage of the Bond. |
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4. |
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Premiums have been paid for the period of October 28, 2010 to October 28, 2011. |
IN WITNESS WHEREOF, I have executed this certificate as of this
10th day of January 2011.
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/s/ John C. Bombara
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John C. Bombara |
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Secretary |
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EXHIBIT A
HORIZON TECHNOLOGY FINANCE CORPORATION
RESOLUTION APPROVING FIDELITY BOND
WHEREAS, Section 17(g)
of the 1940 Act, and Rule 17g-1(a) thereunder, requires a BDC, such as
the Company, to provide and maintain a bond which shall be issued by a reputable fidelity insurance
company, authorized to do business in the place where the bond is issued, to protect the Company
against larceny and embezzlement, covering each officer and employee of the BDC who may singly, or
jointly with others, have access to the securities or funds of the BDC, either directly or through
authority to draw upon such funds of, or to direct generally, the disposition of such securities,
unless the officer or employee has such access solely through his position as an officer or
employee of a bank (each, a covered person);
WHEREAS, Rule l7g-1 specifies that the bond may be in the form of (i) an individual bond for
each covered person, or a schedule or blanket bond covering such persons, (ii) a blanket bond which
names the Company as the only insured (a single insured bond), or (iii) a bond which
names the Company and one or more other parties as insureds (a joint insured bond), as
permitted by Rule 17g-1;
WHEREAS, the Rule requires that a majority of directors who are not interested persons of
the BDC approve periodically (but not less than once every 12 months) the reasonableness of the
form and amount of the bond, with due consideration to the value of the aggregate assets of the
Company to which any covered person may have access, the type and terms of the arrangements made
for the custody and safekeeping of such assets, and the nature of securities and other investments
to be held by the Company, and pursuant to factors contained in the Rule which are described in the
accompanying memorandum attached hereto; and
WHEREAS, under the Rule, the Company is required to make certain filings with the SEC and give
certain notices to each Member of the Board of Directors in connection with the bond as specified
in the accompanying memorandum attached hereto, and designate an officer who shall make such
filings and give such notices;
NOW, THEREFORE, BE IT RESOLVED, that having considered the expected aggregate value of the
securities and funds of the Company and HTFM to which officers or employees of the Company and HTFM
may have access (either directly or through authority to draw upon such funds or to direct
generally the disposition of such securities), the type and terms of the arrangements made for the
custody of such securities and funds, the nature of securities and other investments to be held by
the Company, the accounting procedures and controls of the Company, the nature and method of
conducting the operations of the Company, and the requirements of Section 17(g) of the 1940 Act and
Rule 17g-1 thereunder, it is determined that the amount, type, form, premium and coverage, covering
the officers and employees of the Company and HTFM and insuring the Company against loss from
fraudulent or dishonest acts, including larceny and embezzlement, issued by a reputable fidelity
insurance company in at least an amount required by Rule 17g-1 of the 1940 Act (the Fidelity
Bond) are hereby approved; and
FURTHER RESOLVED, that the officers of the Company be, and they hereby are, authorized to take
all appropriate actions, with the advice of legal counsel to the Company, to provide and maintain
the Fidelity Bond on behalf of the Company; and
FURTHER RESOLVED, that the Secretary of the Company is hereby designated and directed to:
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A. |
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File with the SEC within 10 days after receipt of the executed Fidelity Bond, or any
amendment thereof: |
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i. |
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a copy of the Fidelity Bond; |
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ii. |
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a copy of each resolution of the Board of Directors, including a
majority of the directors who are not interested persons of the Company,
approving the amount, type, form and coverage of the Fidelity Bond and the premium
to be paid by the Company; |
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iii. |
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a statement as to the period for which premiums have been paid; and |
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iv. |
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a copy of any amendment to such agreement within 10 days after the
execution of such amendment. |
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B. |
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File with the SEC, in writing, within 5 days after the making of a claim, under the
Fidelity Bond by the Company, a statement of the nature and amount thereof; |
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C. |
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File with the SEC, within 5 days after the receipt thereof, a copy of the terms of the
settlement of any claim under the Fidelity Bond by the Company; and |
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D. |
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Notify by registered mail each Member of the Board of Directors at his or her last
known residence address of: |
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any cancellation, termination or modification of the Fidelity Bond, not
less than 45 days prior to the effective date of the cancellation, termination or
modification; |
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ii. |
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the filing and the settlement of any claim under the Fidelity Bond by
the Company, at the time the filings required by (2) and (3) above are made with
the SEC; and |
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iii. |
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the filing and proposed terms of settlement of any claim under the
Fidelity Bond by any other named insured, within five days of the receipt of a
notice from the issuer of the Fidelity Bond. |
INVESTMENT COMPANY BLANKET BOND
St. Paul Fire and Marine Insurance Company
St. Paul, Minnesota 55102-1396
(A Stock Insurance Company, herein called Underwriter)
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DECLARATIONS
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BOND NO. 469PB0992 |
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Item 1. |
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Name of Insured (herein called Insured):
HORIZON TECHNOLOGY FINANCE CORPORATION |
Principal Address:
76 Batterson Park Road
Farmington, CT 06032
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Item 2. |
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Bond Period from 12:01 a.m. on 10/28/10 to 12:01 a.m. on 10/28/2011 the
effective date of the termination or cancellation of the bond, standard time at the
Principal Address as to each of said dates. |
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Item 3. |
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Limit of Liability
Subject to Sections 9, 10, and 12 hereof: |
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Deductible |
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Limit of Liability |
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Amount |
Insuring Agreement A FIDELITY |
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$ |
750,000 |
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$ |
50,000 |
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Insuring Agreement B AUDIT EXPENSE |
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$ |
250,000 |
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$ |
50,000 |
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Insuring Agreement C PREMISES |
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$ |
750,000 |
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$ |
50,000 |
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Insuring Agreement D TRANSIT |
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$ |
750,000 |
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$ |
50,000 |
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Insuring Agreement E FORGERY OR ALTERATION |
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$ |
750,000 |
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$ |
50,000 |
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Insuring Agreement F SECURITIES |
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$ |
750,000 |
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$ |
50,000 |
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Insuring Agreement G COUNTERFEIT CURRENCY |
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$ |
750,000 |
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$ |
50,000 |
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Insuring Agreement H STOP PAYMENT |
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$ |
750,000 |
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$ |
10,000 |
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Insuring Agreement I UNCOLLECTIBLE ITEMS OF
DEPOSIT |
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$ |
750,000 |
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$ |
50,000 |
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OPTIONAL COVERAGES ADDED BY RIDER:
ICB011, Computer Systems; ICB012, Unauthorized Signatures; ICB026, Add
Exclusions (n) & (o)
If Not Covered is inserted above opposite
any specified Insuring Agreement or
Coverage, such Insuring Agreement or Coverage
and any other reference thereto in
this bond shall be deemed to be deleted therefrom.
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Item 4. |
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Offices or Premises Covered Offices acquired or established subsequent to the
effective date of this bond are covered according to the terms of General
Agreement A. All the Insureds offices or premises in existence at the time this
bond becomes effective are covered under this bond except the offices or
premises located as follows: N/A |
ICB001 Rev. 7/04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy
provisions may differ. *
Page 1 of 2
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Item 5. |
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The liability of the Underwriter is subject to the terms of the
following endorsements or riders attached hereto: Endorsements or Riders No.
1 through |
ICB011 02-10, ICB012 07-04, ICB026 07-04
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Item 6. |
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The Insured by the acceptance of this bond gives notice to the Underwriter
terminating or canceling prior bonds or policy(ies) No.(s) N/A such
termination or cancellation to be effective as of the time this bond becomes
effective. |
IN WITNESS WHEREOF, the Company has caused this bond to be signed by its President and
Secretary and countersigned by a duly authorized representative of the Company.
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Countersigned:
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ST. PAUL FIRE AND MARINE INSURANCE COMPANY |
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Authorized Representative Countersigned At
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12/9/10 |
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Countersignature Date |
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ICB001 Rev. 7/04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy
provisions may differ. *
Page 2 of 2
INVESTMENT COMPANY BLANKET BOND
The Underwriter, in consideration of an agreed
premium, and subject to the Declarations made
a part hereof, the
General Agreements, Conditions and
Limitations and other terms of
this bond, agrees with the Insured, in
accordance with the Insuring Agreements hereof to
which an amount of insurance is applicable
as set forth in Item 3 of
the Declarations and with respect
to loss sustained by the Insured at any
time but discovered during the
Bond Period, to indemnify and hold harmless the Insured for:
INSURING AGREEMENTS
(A) |
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FIDELITY |
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Loss resulting from any dishonest or
fraudulent act(s), including Larceny or
Embezzlement, committed by an Employee, committed anywhere and whether
committed alone or in collusion with others, including
loss of Property resulting from such acts of an
Employee, which Property is held by the
Insured for any purpose or in any
capacity and whether so held
gratuitously or not and whether or not the Insured is
liable therefor. |
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Dishonest or fraudulent act(s) as used in
this
Insuring Agreement shall mean only
dishonest or fraudulent act(s) committed
by such Employee with the manifest intent: |
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(a) |
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to cause the Insured to sustain such loss; and |
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(b) |
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to obtain financial benefit for
the Employee, or for any other Person or
organization intended by the Employee to
receive such benefit, other than salaries,
commissions, fees, bonuses, promotions,
awards, profit sharing, pensions or
other employee benefits earned in the normal
course of employment. |
(B) |
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AUDIT EXPENSE |
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Expense incurred by the Insured for
that part of the costs of
audits or examinations required by
any governmental regulatory authority to
be conducted either by such authority or
by an independent accountant by reason
of the discovery of loss sustained by the
Insured through any dishonest or fraudulent act(s),
including Larceny or Embezzlement, of any of the
Employees. The total liability of the
Underwriter for such expense by reason
of such acts of any Employee or
in which such Employee is concerned or
implicated or with respect to
any one audit or examination is limited to the amount stated
opposite Audit Expense in Item 3 of
the Declarations; it being understood,
however, that such expense shall be
deemed to be a loss sustained by
the Insured through any dishonest or fraudulent
act(s), including Larceny or Embezzlement, of one or more of the
Employees,
and the liability under this paragraph shall
be in addition to the Limit of Liability
stated in Insuring Agreement (A) in Item
3 of the
Declarations. |
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(C) |
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ON PREMISES |
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Loss of Property (occurring with or
without negligence or violence) through
robbery, burglary, Larceny, theft, holdup, or other fraudulent means,
misplacement, mysterious unexplainable disappearance, damage thereto or
destruction thereof, abstraction or removal from the possession,
custody or control of the Insured, and
loss of subscription, conversion, redemption or deposit
privileges through the misplacement or loss of Property, while
the Property is (or is supposed or believed by
the Insured to be) lodged or deposited within
any offices or premises located anywhere, except in an
office listed in Item 4 of the
Declarations or amendment thereof or in the mail or with
a carrier for hire, other than an armored motor vehicle company,
for the purpose of transportation. |
Office and Equipment
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(1) |
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loss of or damage to furnishings,
fixtures, stationery, supplies or equipment, within any of
the Insureds offices covered under
this bond caused by Larceny or theft in,
or by burglary, robbery or hold-up of, such
office, or attempt thereat, or by vandalism
or malicious mischief; or |
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(2) |
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loss through damage to any such office
by Larceny or theft in, or by burglary, robbery or hold-up
of, such office, or
attempt thereat, or to the interior of
any such office by vandalism
or malicious mischief provided, in any
event, that the Insured is the
owner of such offices, furnishings, fixtures,
stationery, supplies or equipment or is legally
liable for such loss or damage always excepting,
however, all loss or damage through fire. |
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy
provisions may differ. *
1 of 12
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Loss of Property (occurring with or without negligence or
violence) through robbery, Larceny, theft, hold-up, misplacement, mysterious
unexplainable disappearance, being lost or otherwise made away with,
damage thereto or destruction thereof, and loss of
subscription, conversion, redemption or deposit privileges through
the misplacement or loss of Property, while the Property
is in transit anywhere in the custody of any person
or persons acting as messenger, except while in the mail
or with a carrier for hire, other than an armored motor vehicle company,
for the purpose of transportation, such transit to begin
immediately upon receipt of such Property by the transporting person or
persons, and to end immediately upon delivery thereof at destination. |
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(E) |
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FORGERY OR ALTERATION |
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Loss through Forgery or alteration of or on: |
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(1) |
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any bills of exchange, checks, drafts, acceptances, certificates
of deposit, promissory notes, or other written promises, orders
or directions to pay sums certain in money, due bills,
money orders, warrants, orders upon public treasuries, letters of
credit; or |
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(2) |
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other written instructions, advices or applications
directed to the Insured, authorizing or acknowledging
the transfer, payment, delivery or receipt of funds or Property,
which instructions, advices or applications purport to have
been signed or endorsed by any: |
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(a) |
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customer of the Insured, or |
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(b) |
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shareholder or subscriber to shares, whether
certificated or uncertificated, of any Investment Company, or |
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(c) |
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financial or banking institution or stockbroker, |
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but which instructions, advices or applications either bear the
forged signature or endorsement or have been altered without the
knowledge and consent of such customer, shareholder or subscriber
to shares, or financial or banking institution or
stockbroker; or |
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(3) |
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withdrawal orders or receipts for the
withdrawal of funds or Property, or receipts
or certificates of deposit for Property and bearing the
name of the Insured as issuer, or of
another Investment Company for which the Insured acts as agent, excluding, however, any loss covered under Insuring Agreement
(F) hereof whether or not coverage for Insuring
Agreement (F) is provided for in the Declarations of this bond. |
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Any check or draft (a) made payable to a fictitious
payee and endorsed in the name of such fictitious payee or (b)
procured in a transaction with the maker or drawer thereof or
with one acting as an agent of such maker or drawer or anyone
impersonating another and made or drawn payable to the one
so impersonated and endorsed by anyone other than the one
impersonated, shall be deemed to be forged as to such endorsement. |
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Mechanically reproduced facsimile signatures are treated the
same as handwritten signatures. |
(F) |
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SECURITIES |
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Loss sustained by the Insured, including loss sustained by reason of
a violation of the constitution by-laws, rules or regulations of
any Self Regulatory Organization of which the Insured
is a member or which would have been imposed upon the
Insured by the constitution, by-laws, rules or regulations of any
Self Regulatory Organization if the Insured had been a member
thereof, |
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(1) |
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through the Insureds having, in good faith and
in the course of business, whether for its own account or
for the account of others, in any representative,
fiduciary, agency or any other capacity, either gratuitously
or otherwise, purchased or otherwise acquired, accepted or received, or sold
or delivered, or given any value, extended any credit or
assumed any liability, on the faith of, or otherwise acted
upon, any securities, documents or other written instruments which prove to
have been: |
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(a) |
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counterfeited, or |
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(b) |
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forged as to the signature of any maker,
drawer, issuer, endorser, assignor, lessee, transfer agent or
registrar, acceptor, surety or guarantor or as to
the signature of any person signing in any other
capacity, or |
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(c) |
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raised or otherwise altered, or lost, or stolen, or |
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(2) |
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through the Insureds having, in good faith and
in the course of business, guaranteed in writing or
witnessed any signatures whether for valuable consideration or not and whether
or not such guaranteeing or witnessing is ultra vires the
Insured, upon any transfers, |
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
2 of 12
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assignments, bills of sale, powers of attorney, guarantees,
endorsements or other obligations upon or in connection
with any securities, documents or other written instruments and
which pass or purport to pass title to such
securities, documents or other written instruments; excluding losses caused
by Forgery or alteration of, on or in those instruments
covered under Insuring Agreement (E) hereof. |
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Securities, documents or other written instruments shall be deemed to mean
original (including original counterparts) negotiable or non-negotiable agreements
which in and of themselves represent an equitable
interest, ownership, or debt, including an assignment thereof, which
instruments are, in the ordinary course of business,
transferable by delivery of such agreements with any necessary endorsement
or assignment. |
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The word counterfeited as used in this Insuring Agreement shall be deemed
to mean any security, document or other written instrument which
is intended to deceive and to be taken for an
original. |
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Mechanically reproduced facsimile signatures are treated the same as
handwritten signatures. |
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(G) |
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COUNTERFEIT CURRENCY |
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Loss through the receipt by the Insured, in good
faith, of any counterfeited money orders or
altered paper currencies or coin of the United
States of America or Canada issued or purporting to have
been issued by the United States of America
or Canada or issued pursuant to a United States of
America or Canada statute for use as currency. |
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(H) |
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STOP PAYMENT |
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Loss against any and all sums which the Insured
shall become obligated to pay by reason of the
liability imposed upon the Insured by law for damages: |
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For having either complied with or failed to comply with any
written notice of any customer, shareholder or subscriber of
the Insured or any Authorized Representative of such customer, shareholder or
subscriber to stop payment of any check or draft made or drawn
by such customer, shareholder or subscriber or any Authorized
Representative of such customer, shareholder or subscriber,
or |
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For having refused to pay any check or draft
made or drawn by any customer, shareholder or subscriber of
the Insured or any Authorized Representative of such customer,
shareholder or subscriber. |
(I) |
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UNCOLLECTIBLE ITEMS OF DEPOSIT |
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Loss resulting from payments of dividends or fund shares, or
withdrawals permitted from any customers, shareholders, or
subscribers account based upon Uncollectible Items of
Deposit of a customer, shareholder or subscriber credited by the
Insured or the Insureds agent to such customers,
shareholders or subscribers Mutual Fund Account; or
loss resulting from an Item of Deposit processed
through an Automated Clearing House which is reversed by the
customer, shareholder or subscriber and deemed uncollectible by the Insured. |
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Loss includes dividends and interest accrued not to exceed 15%
of the Uncollectible Items which are deposited. |
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This Insuring Agreement applies to all Mutual Funds with
exchange privileges if all Fund(s) in the exchange program are
insured by the Underwriter for Uncollectible Items of
Deposit. Regardless of the number of transactions between
Fund(s), the minimum number of days of deposit
within the Fund(s) before withdrawal as declared in the Fund(s)
prospectus shall begin from the date a deposit was first credited
to any Insured Fund(s). |
GENERAL AGREEMENTS
A. |
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ADDITIONAL OFFICES OR EMPLOYEES CONSOLIDATION OR MERGER NOTICE |
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(1) |
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If the Insured shall, while this bond is in
force, establish any additional office or offices, such
offices shall be automatically covered hereunder from
the dates of their establishment, respectively. No notice to the
Underwriter of an increase during any premium period in the number
of offices or in the number of Employees at
any of the offices covered hereunder need be given
and no additional premium need be paid for the remainder of such
premium period. |
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(2) |
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If an Investment Company, named as Insured herein, shall,
while this bond is in force, merge or consolidate with, or purchase the
assets of another institution, coverage for such acquisition
shall apply automatically |
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
3 of 12
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from the date of acquisition. The Insured shall notify the
Underwriter of such acquisition within 60 days of said
date, and an additional premium shall be computed only if
such acquisition involves additional offices or employees. |
B. |
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WARRANTY |
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No statement made by or on behalf of the Insured, whether
contained in the application or otherwise, shall be deemed to be a
warranty of anything except that it is true to the
best of the knowledge and belief of the
person making the statement. |
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C. |
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COURT COSTS AND ATTORNEYS FEES |
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(Applicable to all Insuring Agreements or Coverages now or
hereafter forming part of this bond) |
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The Underwriter will indemnify the Insured against court
costs and reasonable attorneys fees incurred and paid
by the Insured in defense, whether or not successful,
whether or not fully litigated on the merits and whether
or not settled, of any suit or legal proceeding
brought against the Insured to enforce the Insureds liability or
alleged liability on account of any loss, claim or damage which, if established
against the Insured, would constitute a loss sustained
by the Insured covered under the terms of this bond
provided, however, that with respect to Insuring Agreement (A)
this indemnity shall apply only in the event that: |
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(1) |
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an Employee admits to being guilty of any dishonest or
fraudulent act(s), including Larceny or Embezzlement; or |
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(2) |
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an Employee is adjudicated to be guilty of any
dishonest or fraudulent act(s), including Larceny or Embezzlement; |
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(3) |
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in the absence of (1) or (2) above an
arbitration panel agrees, after a review of an agreed
statement of facts, that an Employee would be found guilty
of dishonesty if such Employee were prosecuted. |
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The Insured shall promptly give notice to the Underwriter
of any such suit or legal proceedings and at the request
of the Underwriter shall furnish it with copies
of all pleadings and other papers therein. At
the Underwriters election the Insured shall permit the Underwriter to
conduct the defense of such suit or legal proceeding,
in the Insureds name, through attorneys of the Underwriters
selection. In such event, the Insured shall give
all reasonable information and assistance which the Underwriter
shall deem necessary to the proper defense of such
suit or legal proceeding. |
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If the amount of the Insureds liability or alleged liability is
greater than the amount recoverable under this bond,
or if a Deductible Amount is applicable, or both,
the liability of the Underwriter under this General Agreement
is limited to the proportion of court costs and attorneys
fees incurred and paid by the Insured or by the Underwriter that
the amount recoverable under this bond bears to the total
of such amount plus the amount which is not so
recoverable. Such indemnity shall be in addition to the Limit
of Liability for the applicable Insuring Agreement or Coverage. |
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D. |
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FORMER EMPLOYEE |
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Acts of an Employee, as defined in this bond,
are covered under Insuring Agreement (A) only while the Employee is in the
Insureds employ. Should loss involving a former Employee of the
Insured be discovered subsequent to the termination of employment,
coverage would still apply under Insuring Agreement (A) if
the direct proximate cause of the loss occurred while
the former Employee performed duties within the scope
of his/her employment. |
THE FOREGOING INSURING AGREEMENTS AND GENERAL
AGREEMENTS ARE SUBJECT TO THE FOLLOWING
CONDITIONS AND LIMITATIONS:
SECTION 1. DEFINITIONS
The following terms, as used in this bond have
the respective meanings stated in this Section:
|
(1) |
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any of the Insureds officers, partners, or
employees, and |
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(2) |
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any of the officers or employees of any
predecessor of the Insured whose principal assets are acquired
by the Insured by consolidation or merger with, or purchase of assets or capital
stock of, such predecessor, and |
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
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(3) |
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attorneys retained by the Insured to perform
legal services for the Insured and the employees of
such attorneys while such attorneys or employees of such attorneys are
performing such services for the Insured, and |
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(4) |
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guest students pursuing their studies or
duties in any of the Insureds offices, and |
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(5) |
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directors or trustees of the Insured, the
investment advisor, underwriter (distributor), transfer agent, or
shareholder accounting record keeper, or administrator authorized by written agreement
to keep financial and/or other required records, but only
while performing acts coming within the scope of the usual duties
of an officer or employee or while acting as a member
of any committee duly elected or appointed to
examine or audit or have custody of or access to
the Property of the Insured, and |
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(6) |
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any individual or individuals assigned to perform the
usual duties of an employee within the premises of
the Insured, by contract, or by any agency furnishing temporary personnel
on a contingent or part-time basis, and |
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(7) |
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each natural person, partnership or corporation
authorized by written agreement with the Insured to perform
services as electronic data processor of checks or
other accounting records of the Insured, but
excluding any such processor who acts as transfer agent or in any
other agency capacity in issuing checks, drafts or securities
for the Insured, unless included under sub-section (9)
hereof, and |
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(8) |
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those persons so designated in Section 15, Central
Handling of Securities, and |
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(9) |
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any officer, partner, or Employee of: |
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(a) |
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an investment advisor, |
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(b) |
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an underwriter (distributor), |
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(c) |
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a transfer agent or shareholder accounting record-keeper, or |
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(d) |
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an administrator authorized by written
agreement to keep financial and/or other required records, |
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for an Investment Company named as Insured while
performing acts coming within the scope of the usual
duties of an officer or Employee of any investment
Company named as Insured herein, or while acting as a member
of any committee duly elected or appointed to examine or
audit or have custody of or access to the Property
of any such Investment Company, provided that only Employees
or partners of a transfer agent, shareholder accounting record-keeper
or administrator which is an affiliated person, as defined
in the Investment Company Act of 1940, of an
Investment Company named as Insured or is an
affiliated person of the advisor, underwriter or administrator
of such Investment Company, and which is not
a bank, shall be included within the definition of Employee. |
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Each employer of temporary personnel or processors as
set forth in sub-sections (6) and (7) of
Section 1(a) and their partners, officers and employees shall
collectively be deemed to be one person for all
the purposes of this bond, excepting, however, the
last paragraph of Section 13. |
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Brokers, or other agents under contract or
representatives of the same general character shall not be
considered Employees. |
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(b) |
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Property means money (i.e. currency, coin, bank notes,
Federal Reserve notes), postage and revenue stamps, U.S. Savings
Stamps, bullion, precious metals of all kinds and in
any form and articles made therefrom, jewelry, watches, necklaces,
bracelets, gems, precious and semi-precious stones, bonds,
securities, evidences of debts, debentures, scrip, certificates,
interim receipts, warrants, rights, puts, calls, straddles,
spreads, transfers, coupons, drafts, bills of exchange, acceptances, notes,
checks, withdrawal orders, money orders, warehouse receipts,
bills of lading, conditional sales contracts, abstracts of
title, insurance policies, deeds, mortgages under real estate
and/or chattels and upon interests therein, and assignments of such
policies, mortgages and instruments, and other valuable papers, including books
of account and other records used by the Insured in the
conduct of its business, and all other instruments
similar to or in the nature of the foregoing including
Electronic Representations of such instruments enumerated
above (but excluding all data processing records) in
which the Insured has an interest or in which
the Insured acquired or should have acquired an interest by
reason of a predecessors declared financial condition at the time
of the Insureds consolidation or merger with, or purchase
of the principal assets of, such predecessor or which are
held by the Insured for any purpose or in any
capacity and whether so held gratuitously or not and whether or
not the Insured is liable therefor. |
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(c) |
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Forgery means the signing of the name
of another with intent to deceive; it does not |
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
5 of 12
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include the signing of ones own name with or
without authority, in any capacity, for any
purpose. |
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(d) |
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Larceny and Embezzlement as it applies to any named Insured
means those acts as set forth in Section 37
of the Investment Company Act of 1940. |
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(e) |
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Items of Deposit means any one or more checks and
drafts. Items of Deposit shall not be deemed
uncollectible until the Insureds collection procedures have failed. |
SECTION 2. EXCLUSIONS
THIS BOND, DOES NOT COVER:
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(a) |
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loss effected directly or indirectly by means of forgery or
alteration of, on or in any instrument, except when
covered by Insuring Agreement (A), (E), (F) or (G). |
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(b) |
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loss due to riot or civil commotion outside the United
States of America and Canada; or loss due to
military, naval or usurped power, war or insurrection unless
such loss occurs in transit in the circumstances recited in Insuring
Agreement (D), and unless, when such transit was
initiated, there was no knowledge of such riot,
civil commotion, military, naval or usurped power, war or insurrection
on the part of any person acting for the Insured in initiating such
transit. |
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(c) |
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loss, in time of peace or war, directly or indirectly caused by or
resulting from the effects of nuclear fission or fusion or
radioactivity; provided, however, that this paragraph shall not apply
to loss resulting from industrial uses of nuclear energy. |
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(d) |
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loss resulting from any wrongful act or acts of
any person who is a member of the Board of
Directors of the Insured or a member of any equivalent
body by whatsoever name known unless such person is also an Employee or an
elected official, partial owner or partner of the Insured in
some other capacity, nor, in any event, loss resulting
from the act or acts of any person while acting in the
capacity of a member of such Board or equivalent body. |
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(e) |
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loss resulting from the complete or partial
non-payment of, or default upon, any loan or
transaction in the nature of, or amounting to, a loan made by or
obtained from the Insured or any of its
partners, directors or Employees, whether authorized or
unauthorized and whether procured in good faith or through trick,
artifice fraud or false pretenses, unless such loss is
covered under Insuring Agreement (A), (E) or (F). |
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(f) |
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loss resulting from any violation by the Insured or by any
Employee: |
|
(1) |
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of law regulating (a) the issuance, purchase or sale
of securities, (b) securities transactions upon Security
Exchanges or over the counter market, (c) Investment
Companies, or (d) Investment Advisors, or |
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(2) |
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of any rule or regulation made pursuant to any such law. |
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unless such loss, in the absence of such
laws, rules or regulations, would be covered under Insuring
Agreements (A) or (E). |
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(g) |
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loss of Property or loss of privileges
through the misplacement or loss of Property as set
forth in Insuring Agreement (C) or (D) while the
Property is in the custody of any armored motor vehicle company, unless such
loss shall be in excess of the amount recovered or
received by the Insured under (a) the Insureds contract with said
armored motor vehicle company, (b) insurance carried by said armored motor
vehicle company for the benefit of users of its
service, and (c) all other insurance and indemnity
in force in whatsoever form carried by or for
the benefit of users of said armored motor
vehicle companys service, and then this bond shall cover only such excess. |
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(h) |
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potential income, including but not limited to interest and
dividends, not realized by the Insured because of
a loss covered under this bond, except as included under
Insuring Agreement (I). |
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(i) |
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all damages of any type for which the Insured
is legally liable, except direct compensatory damages arising from
a loss covered under this bond. |
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(j) |
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loss through the surrender of Property away from an
office of the Insured as a result of a threat: |
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(1) |
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to do bodily harm to any person, except
loss of Property in transit in the custody of any
person acting as messenger provided that when such transit
was initiated there was no knowledge by the Insured of any
such threat, or |
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
6 of 12
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(2) |
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to do damage to the premises or Property of the
Insured, except when covered under Insuring Agreement (A). |
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(k) |
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all costs, fees and other expenses incurred
by the Insured in establishing the existence of or amount of loss
covered under this bond unless such indemnity is
provided for under Insuring Agreement (B). |
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(l) |
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loss resulting from payments made or withdrawals
from the account of a customer of the Insured,
shareholder or subscriber to shares involving funds erroneously
credited to such account, unless such payments are made to or
withdrawn by such depositors or representative of such person,
who is within the premises of the drawee bank of
the Insured or within the office of the Insured at
the time of such payment or withdrawal or unless such payment
is covered under Insuring Agreement (A). |
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(m) |
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any loss resulting from Uncollectible Items of
Deposit which are drawn from a financial institution
outside the fifty states of the United States
of America, District of Columbia, and territories
and possessions of the United States of America, and Canada. |
SECTION 3. ASSIGNMENT OF RIGHTS
This bond does not afford coverage in favor of
any Employers of temporary personnel or of
processors as set forth in sub-sections (6) and
(7) of Section 1(a) of this bond, as aforesaid, and
upon payment to the Insured by the Underwriter on account
of any loss through dishonest or fraudulent act(s)
including Larceny or Embezzlement committed by any of the partners,
officers or employees of such Employers, whether acting alone
or in collusion with others, an assignment of such of
the Insureds rights and causes of action as
it may have against such Employers by reason of such acts so
committed shall, to the extent of such payment, be
given by the Insured to the Underwriter, and the Insured shall execute all
papers necessary to secure to the Underwriter the rights
herein provided for.
SECTION 4. LOSS NOTICE PROOF
LEGAL PROCEEDINGS
This bond is for the use and benefit only of
the Insured named in the Declarations and the Underwriter shall
not be liable hereunder for loss sustained by anyone other than
the Insured unless the Insured, in its sole discretion and
at its option, shall include such loss in the Insureds proof
of loss. At the earliest practicable moment after discovery of any loss
hereunder the Insured shall give the Underwriter written notice
thereof and shall also within six months after such discovery furnish
to the Underwriter affirmative proof of loss with full
particulars. If claim is made under this bond for loss
of securities or shares, the Underwriter shall not be
liable unless each of such securities or shares is identified
in such proof of loss by a certificate or bond number or,
where such securities or shares are uncertificated, by such
identification means as agreed to by the Underwriter.
The Underwriter shall have thirty days after notice and
proof of loss within which to investigate the
claim, but where the loss is clear and undisputed,
settlement shall be made within forty-eight hours; and this shall
apply notwithstanding the loss is made up wholly or in part
of securities of which duplicates may be obtained.
Legal proceedings for recovery of any loss
hereunder shall not be brought prior to the expiration of
sixty days after such proof of loss is filed with the
Underwriter nor after the expiration of twenty-four months
from the discovery of such loss, except that
any action or proceedings to recover hereunder on account of
any judgment against the Insured in any suit mentioned in General
Agreement C or to recover attorneys fees paid in
any such suit, shall be begun within twenty-four months from
the date upon which the judgment in such suit shall
become final. If any limitation embodied in this bond is
prohibited by any law controlling the construction hereof, such
limitation shall be deemed to be amended so as to be equal
to the minimum period of limitation permitted by such law.
Discovery occurs when the Insured:
|
(a) |
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becomes aware of facts, or |
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(b) |
|
receives written notice of an actual or
potential claim by a third party which alleges that the Insured
is liable under circumstances, |
which would cause a reasonable person to assume that a loss
covered by the bond has been or will be incurred
even though the exact amount or details of loss may not be then
known.
SECTION 5. VALUATION OF PROPERTY
The value of any Property, except books of accounts or
other records used by the Insured in the conduct of its business,
for the loss of which a claim shall be made
hereunder, shall be determined by the average market value
of such Property on the business day next preceding the
discovery of such loss; provided, however, that the
value of any Property replaced by the Insured prior to the
payment of claim therefor shall be the actual market value at
the time of replacement; and further provided that in case of
a loss or misplacement of interim certificates, warrants,
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
7 of 12
rights, or other securities, the production of which
is necessary to the exercise of
subscription, conversion, redemption or deposit privileges,
the value thereof shall be the
market value of such privileges immediately preceding
the expiration thereof if said loss or
misplacement is not discovered until
after their expiration. If no market price is
quoted for such Property or for such
privileges, the value shall be fixed by agreement
between the parties or by arbitration.
In case of any loss or
damage to Property consisting of
books of accounts or other
records used by the Insured in
the conduct of its business, the
Underwriter shall be liable under this bond only
if such books or records are actually
reproduced and then for not more
than the cost of blank books,
blank pages or other materials
plus the cost of labor for the
actual transcription or copying of data which shall
have been furnished by the
Insured in order to reproduce such
books and other records.
SECTION 6. VALUATION OF PREMISES AND FURNISHINGS
In case of damage to any office of the
Insured, or loss of or damage to
the furnishings, fixtures, stationery,
supplies, equipment, safes or vaults therein, the
Underwriter shall not be liable for more than
the actual cash value thereof, or
for more than the actual cost of their
replacement or repair. The Underwriter may,
at its election, pay such
actual cash value or make such replacement or
repair. If the underwriter and the
Insured cannot agree upon such cash value or
such cost of replacement or repair, such
shall be determined by arbitration.
SECTION 7. LOST SECURITIES
If the Insured shall sustain a loss
of securities the total value of
which is in excess of the limit
stated in Item 3 of the Declarations of
this bond, the liability of the Underwriter shall be
limited to payment for, or duplication of, securities having
value equal to the limit stated in Item 3
of the Declarations of this bond.
If the Underwriter shall make payment to the Insured for any loss of securities,
the Insured shall thereupon assign to the Underwriter
all of the Insureds rights, title and interest in and to said securities.
With respect to securities the value of which
do not exceed the Deductible Amount (at the
time of the discovery of the
loss) and for which the
Underwriter may at its sole discretion
and option and at the request
of the Insured issue a Lost
Instrument Bond or Bonds to effect replacement
thereof, the Insured will pay the usual
premium charged therefor and will
indemnify the Underwriter against all
loss or expense that the Underwriter may
sustain because of the issuance of such Lost
Instrument Bond or Bonds.
With respect to securities the value of which
exceeds the Deductible Amount (at the
time of discovery of the loss)
and for which the Underwriter may
issue or arrange for the issuance of a Lost Instrument Bond or
Bonds to effect replacement thereof, the
Insured agrees that it will pay as
premium therefor a proportion of
the usual premium charged therefor, said proportion being
equal to the percentage that the
Deductible Amount bears to the value
of the securities upon discovery of the
loss, and that it will indemnify the
issuer of said Lost Instrument Bond or
Bonds against all loss and expense that
is not recoverable from the Underwriter under
the terms and conditions of this Investment Company Blanket
Bond subject to the Limit of Liability hereunder.
SECTION 8. SALVAGE
In case of recovery, whether
made by the Insured or by
the Underwriter, on account of any loss
in excess of the Limit of Liability
hereunder plus the
Deductible Amount applicable to such loss,
from any source other than suretyship, insurance, reinsurance, security
or indemnity taken by or for the
benefit of the Underwriter, the net amount of
such recovery, less the actual costs and
expenses of making same, shall be applied
to reimburse the Insured in full
for the excess portion of such
loss, and the remainder, if any, shall
be paid first in reimbursement of
the Underwriter and thereafter in reimbursement of
the
Insured for that part of such loss within
the Deductible Amount. The Insured shall
execute all necessary papers to secure
to the Underwriter the rights provided for
herein.
SECTION 9. NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY
At all times prior to termination hereof,
this bond shall continue in force for the
limit stated in the applicable sections
of Item 3 of the Declarations
of this bond notwithstanding any previous loss for which the
Underwriter may have paid or be
liable to pay hereunder; PROVIDED, however,
that regardless of the number of
years this bond shall continue in
force and the number or premiums which
shall be payable or paid, the liability
of the Underwriter under this bond with respect to all loss
resulting from:
|
(a) |
|
any one act of burglary, robbery or holdup, or attempt
thereat, in which no Partner or Employee is concerned or implicated
shall be deemed to be one loss, or |
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|
(b) |
|
any one unintentional or negligent act on the part of
any other person resulting in
damage |
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
8 of 12
|
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to or destruction or misplacement of
Property, shall be deemed to be one loss, or |
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(c) |
|
all wrongful acts, other than those specified in
(a) above, of any one person
shall be deemed to be one loss, or |
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(d) |
|
all wrongful acts, other than those specified in
(a) above, of one or more persons
(which dishonest act(s) or act(s) of
Larceny or
Embezzlement include, but are not
limited to, the failure of an
Employee to report such acts of others) whose
dishonest act or acts intentionally or
unintentionally, knowingly or unknowingly,
directly or indirectly, aid or
aids in any way, or permits the
continuation of, the dishonest act
or acts of any other person
or persons shall be deemed to be one loss with
the act or acts of the
persons aided, or |
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(e) |
|
any one casualty or event other than those specified in
(a), (b), (c) or (d)
preceding, shall be deemed to be one loss, and |
shall be limited to the applicable Limit of Liability stated in
Item 3 of the Declarations of this bond
irrespective of the total amount of such
loss or losses
and shall not be cumulative in
amounts from year to year or from period to
period.
Sub-section (c) is not applicable to any situation to which the language of
sub-section (d) applies.
SECTION 10. LIMIT OF LIABILITY
With respect to any loss set forth in the
PROVIDED clause of Section 9 of this
bond which is recoverable or recovered in whole or in
part under any other bonds or policies
issued by the Underwriter to the
Insured or to any predecessor in
interest of the
Insured and terminated or cancelled
or allowed to expire and in which
the period of discovery has not expired at
the time any such loss thereunder
is discovered, the total liability of
the Underwriter under this bond and
under other bonds or policies
shall not exceed, in the
aggregate, the amount carried
hereunder on such loss or the amount available to the
Insured under such other bonds or
policies, as limited by the terms and
conditions thereof, for any such loss if the latter amount be the
larger.
SECTION 11. OTHER INSURANCE
If the Insured shall hold, as indemnity
against any loss covered hereunder, any
valid and enforceable insurance or suretyship, the
Underwriter shall be liable hereunder only for
such amount of such loss which is
in excess of the amount of such
other insurance or suretyship, not exceeding,
however, the Limit of Liability of this bond applicable to such loss.
SECTION 12. DEDUCTIBLE
The Underwriter shall not be liable under any of
the
Insuring Agreements of this bond on
account of loss as specified, respectively,
in sub-sections (a), (b), (c),
(d) and (e) of Section 9, NON-REDUCTION
AND
NON-ACCUMULATION OF LIABILITY AND TOTAL
LIABILITY, unless the amount of such
loss, after deducting the net amount
of all reimbursement and/or recovery obtained or made
by the Insured, other than from any
bond or policy of insurance issued by an insurance
company and covering such loss, or by the
Underwriter on account thereof prior
to payment by the Underwriter of
such loss, shall exceed the
Deductible Amount set forth in Item 3
of the Declarations hereof (herein
called Deductible
Amount), and then for such excess
only, but in no event for more than the applicable
Limit of Liability stated in Item 3 of the Declarations.
The Insured will bear, in addition to the
Deductible Amount, premiums on Lost
Instrument Bonds as set forth in Section 7.
There shall be no deductible applicable to any loss under
Insuring Agreement A sustained by
any Investment Company named as Insured herein.
SECTION 13. TERMINATION
The Underwriter may terminate this bond as an entirety
by furnishing written notice specifying
the termination date, which cannot be prior to 60
days after the receipt of such
written notice by each Investment Company named
as Insured and the
Securities and Exchange Commission, Washington,
D.C. The Insured may terminate this
bond as an entirety by furnishing
written notice to the Underwriter. When the
Insured cancels, the Insured shall
furnish written notice to the
Securities and
Exchange Commission, Washington, D.C., prior to
60 days before the effective date of the termination. The Underwriter
shall notify all other Investment
Companies named as Insured of the receipt
of such termination notice and the termination cannot be
effective prior to 60 days after
receipt of written notice by all
other Investment Companies. Premiums are earned until the termination
date as set forth herein.
This Bond will terminate as to any one
Insured immediately upon taking over of
such Insured by a receiver or other
liquidator or by State or Federal officials,
or immediately upon the filing of
a petition under any State or Federal
statute relative to bankruptcy or reorganization of
the Insured, or assignment for the benefit
of creditors of the Insured, or immediately upon
such Insured ceasing to exist, whether through merger
into another entity, or by disposition of all of its assets.
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
9 of 12
The Underwriter shall refund the unearned
premium computed at short rates in accordance with the standard short
rate cancellation tables if terminated by the
Insured or pro rata if
terminated for any other reason.
This Bond shall terminate:
|
(a) |
|
as to any Employee as soon as any
partner, officer or supervisory
Employee of the
Insured, who is not in
collusion with such
Employee, shall learn of any dishonest or
fraudulent act(s), including Larceny or Embezzlement on
the part of such Employee without
prejudice to the loss of any Property
then in transit in the custody
of such
Employee (see Section 16(d)), or |
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|
(b) |
|
as to any Employee 60 days after
receipt by each Insured and by the
Securities and
Exchange Commission of a written
notice from the Underwriter of its
desire to terminate this bond as to such Employee, or |
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(c) |
|
as to any person, who is a partner, officer
or employee of any Electronic
Data Processor covered under this bond, from and after
the time that the Insured or
any partner or officer thereof not
in collusion with such person
shall have knowledge or information that
such person has committed any
dishonest or fraudulent act(s), including Larceny or Embezzlement in
the service of the Insured or
otherwise, whether such act be
committed before or after the time this bond is effective. |
SECTION 14. RIGHTS AFTER TERMINATION
OR CANCELLATION
At any time prior to the
termination or cancellation of this bond as an
entirety, whether by the Insured or the Underwriter, the
Insured may give the Underwriter notice
that it desires under this bond an additional
period of 12 months within which to discover loss
sustained by the Insured prior to
the effective date of such termination
or cancellation and shall pay an additional premium
therefor.
Upon receipt of such notice from the Insured, the
Underwriter shall give its written consent thereto; provided, however, that such
additional period of time shall terminate immediately:
|
(a) |
|
on the effective date of any
other insurance obtained by the Insured, its
successor in business or any other party,
replacing in whole or in part the
insurance afforded by this bond, whether or not such
other insurance provides coverage for loss sustained prior to
its effective date, or |
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(b) |
|
upon takeover of the Insureds business by
any State or Federal official
or agency, or by any receiver or
liquidator, acting or appointed for
this purpose without the necessity of
the Underwriter giving notice of such
termination. In the event that such
additional period of time is terminated, as provided
above, the Underwriter shall refund any unearned
premium. |
The right to purchase such additional period for the
discovery of loss may not be exercised by any
State or Federal official or
agency, or by a receiver or liquidator, acting or
appointed to take over the
Insureds business for the operation or for
the liquidation thereof or for any purpose.
SECTION 15. CENTRAL HANDLING OF
SECURITIES
Securities included in the system for the
central handling of securities established and maintained
by Depository Trust Company, Midwest Depository Trust Company,
Pacific Securities Depository Trust
Company, and Philadelphia Depository Trust Company, hereinafter called Corporations, to
the extent of the Insureds interest
therein as effected by the making of
appropriate entries on the books and
records of such Corporations shall be deemed to be
Property.
The words Employee and Employees shall be deemed to include
the officers, partners, clerks and other
employees of the New York
Stock Exchange,
Boston Stock Exchange, Midwest Stock Exchange,
Pacific Stock Exchange and Philadelphia Stock Exchange,
hereinafter called Exchanges, and of
the above named Corporations, and of any
nominee in whose name is registered any
security included within the systems
for the central handling of securities
established and maintained by such Corporations, and any
employee or any recognized service company, while such officers,
partners, clerks and other employees and
employees of service companies perform
services for such Corporations in the operation
of such systems. For the purpose
of the above definition a recognized service company shall
be any company providing clerks or other personnel to
the said Exchanges or Corporations on a contract
basis.
The Underwriter shall not be liable on account of any loss(es) in
connection with the central handling
of securities within the systems established and
maintained by such Corporations, unless such
loss(es) shall be in excess of the
amount(s) recoverable or recovered under any
bond or policy of insurance indemnifying such
Corporations against such loss(es), and then the
Underwriter shall be liable hereunder
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
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only for the Insureds share of
such excess loss(es), but in
no event for more than the
Limit of Liability applicable hereunder.
For the purpose of determining the
Insureds share of excess loss(es) it shall be
deemed that the Insured has an interest in any certificate
representing any security included within such systems equivalent to
the interest the Insured then has in all
certificates representing the same security included
within such systems and that such
Corporations shall use their best judgment in
apportioning the amount(s) recoverable or recovered under
any bond or policy of insurance indemnifying
such Corporations against such loss(es)
in connection with the central
handling of securities within such
systems among all those having
an interest as recorded by appropriate
entries in the books and records
of such Corporations in Property involved in
such loss(es) on the basis
that each such interest shall share in
the amount(s) so recoverable or recovered in the
ratio that the value of each such interest
bears to the total value all such
interests and that the Insureds share
of such excess loss(es) shall
be the amount of the
Insureds interest in such Property in
excess of the amount(s) so apportioned to the
Insured by such Corporations.
This bond does not afford coverage in favor
of such
Corporations or Exchanges or any nominee in whose
name is registered any security included within the
systems for the central handling of
securities established and maintained by such
Corporations, and upon payment to the Insured by the Underwriter on
account of any loss(es) within the
systems, an assignment of such of
the Insureds rights and causes of
action as it may have
against such Corporations or
Exchanges shall to the extent of such payment,
be given by the Insured to the
Underwriter, and the
Insured shall execute all papers
necessary to secure the Underwriter the rights
provided for herein.
SECTION 16. ADDITIONAL COMPANIES INCLUDED AS INSURED
If more than one corporation, co-partnership or person or any combination
of them be included as the Insured herein:
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the total liability of the Underwriter
hereunder for loss or losses sustained
by any one or more or all of them
shall not exceed the limit for which the Underwriter would
be liable hereunder if all such
loss were sustained by any one of them; |
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the one first named herein
shall be deemed authorized to
make, adjust and receive and enforce payment of
all claims hereunder and shall be deemed
to be the agent of the
others for such purposes and for the
giving or
receiving of any notice required or
permitted to be given by the terms
hereof, provided that the Underwriter shall
furnish each named Investment Company with a
copy of the bond and with
any amendment thereto, together with a
copy of each formal filing
of the settlement of each such claim prior to
the execution of such settlement; |
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the Underwriter shall not be
responsible for the proper
application of any payment made
hereunder to said first named Insured; |
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knowledge possessed or discovery made by any
partner, officer of supervisory Employee of
any Insured shall for the
purposes of Section 4 and Section 13
of this bond constitute knowledge or discovery
by all the
Insured; and |
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if the first named Insured
ceases for any reason to be covered
under this bond, then the Insured next
named shall thereafter be considered as the
first, named Insured for the purposes of this bond. |
SECTION 17. NOTICE AND CHANGE OF
CONTROL
Upon the Insured obtaining knowledge
of a transfer of its outstanding
voting securities which results in
a change in control (as set forth
in Section 2(a) (9) of the Investment
Company Act of 1940) of the Insured, the
Insured shall within thirty (30) days
of such knowledge give written notice
to the Underwriter setting forth:
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the names of the transferors
and transferees
(or the names of the beneficial
owners if the voting securities are
requested in another name), and |
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the total number of voting
securities owned by the transferors
and the transferees (or the beneficial owners),
both immediately before and after the transfer,
and |
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the total number of outstanding
voting securities. |
As used in this section,
control means the power to
exercise a controlling influence over the
management or policies of the Insured.
Failing to give the required notice shall result
in termination of coverage of this bond,
effective upon the date of stock
transfer for any loss in which
any transferee is concerned or implicated.
Such notice is not required to be given in the
case of an Insured which is an Investment Company.
SECTION 18. CHANGE OR MODIFICATION
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
11 of 12
This bond or any instrument amending or effecting
same may not be changed or modified orally.
No
changes in or modification thereof shall be effective
unless made by written endorsement issued to
form a
part hereof over the signature of the
Underwriters
Authorized Representative. When a bond covers only
one Investment Company no change or modification
which would adversely affect the rights of
the
Investment Company shall be effective
prior to 60
days after written notification has been
furnished to
the
Securities
and
Exchange
Commission,
Washington, D.C., by the Insured or
by the
Underwriter. If more than one
Investment Company
is named as the Insured herein, the Underwriter shall
give written notice to each Investment
Company and
to the Securities and Exchange Commission,
Washington, D.C., not less than 60 days prior to
the
effective date of any change or
modification which
would adversely affect the rights of
such Investment
Company.
ICB005 Ed. 7-04
© 2004 The Travelers Companies, Inc.
* This is not a certified copy of any policy form. * Actual policy provisions may differ. *
12 of 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
The following spaces preceded by an (*) need not be completed if this endorsement
or rider and the Bond or Policy have the same inception date.
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ATTACHED TO AND FORMING PART OF |
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BOND OR POLICY NO.
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OR RIDER EXECUTED |
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469PB0992
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11/30/10
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* ISSUED TO |
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HORIZON TECHNOLOGY FINANCE CORPORATION |
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COMPUTER SYSTEMS
It is agreed that:
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The attached bond is amended by adding an additional Insuring Agreement as follows: |
INSURING AGREEMENT COMPUTER SYSTEMS
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Loss resulting directly from a fraudulent |
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entry of data into, or |
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change of data elements or program within, |
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a Computer System listed in the SCHEDULE below, provided the fraudulent entry or change causes |
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Property to be transferred, paid or delivered, |
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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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an unauthorized account or a fictitious account to be debited or credited, |
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and provided further, the fraudulent entry or change is made or caused by an individual
acting with the manifest intent to |
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cause the Insured to sustain a loss, and |
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obtain financial benefit for that individual or for other persons intended
by that individual to receive financial benefit. |
SCHEDULE
Computer Server located at Horizon Technology Finance Corporation
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As used in this Rider, Computer System means |
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computers with related peripheral components, including storage components,
wherever located, |
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systems and applications software, |
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terminal devices, and |
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related communication networks |
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by which data are electronically collected, transmitted, processed, stored and retrieved. |
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In addition to the exclusions in the attached bond, the following exclusions are applicable
to the Computer
Systems Insuring Agreement: |
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loss resulting directly or indirectly from the theft of confidential information,
material or data; and |
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loss resulting directly or indirectly from entries or changes made by an
individual authorized to have access to a Computer System who acts in good
faith on instructions, unless such instructions are given to that individual by a
software contractor (or by a partner, officer or employee thereof) authorized by |
ICB011 Rev. 2-10
© 2010 The Travelers Indemnity Company
* This is not a certified copy of any policy form. * Actual policy
provisions may differ. *
Page 1 of 2
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the Insured to design, develop, prepare, supply, service, write or implement
programs for the Insureds Computer System; and |
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loss discovered by the Insured before this Rider is executed or after
coverage under this Rider terminates. |
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Solely with respect to the Computer Systems Insuring Agreement, the following replaces
SECTION 9, NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY, (a) (e), of the
CONDITIONS AND LIMITATIONS: |
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all fraudulent activity of any one person, or in which any one person is
implicated, whether or not that person is specifically identified, shall be
deemed to be one loss, or |
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a series of losses involving unidentified persons but arising from the same method
of operation shall be deemed to be one loss, and |
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The following is added to the OPTIONAL COVERAGE ADDED BY RIDER section of Item 3. of the
DECLARATIONS: |
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Limit of Liability |
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Insuring Agreement |
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750,000 |
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50,000 |
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The following is added to the CONDITIONS AND LIMITATIONS: |
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If any loss is covered under the Computer Systems Insuring Agreement and any other Insuring
Agreement or Coverage, the maximum amount payable for such loss shall not exceed the
largest amount available under any one such Insuring Agreement or Coverage. |
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The following is added to SECTION 13. TERMINATION of the CONDITIONS AND LIMITATIONS:
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Coverage under this Rider may also be terminated or canceled without canceling the
bond as an entirety |
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60 days after receipt by the Insured of written notice from the Underwriter of its
desire to terminate or cancel coverage under this Rider, or |
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immediately upon receipt by the Underwriter of a written request from the
Insured to terminate or cancel coverage under this Rider. |
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The Underwriter shall refund to the Insured the unearned premium for the coverage under
this Rider. The refund shall be computed at short rates if this Rider be terminated or canceled
or reduced by notice from, or at the instance of, the Insured. |
Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms,
conditions, provisions, agreements or limitations of the above mentioned Bond or
Policy, other than as above stated.
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By |
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Authorized Representative |
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INSURED
ICB011 Rev.2-10
© 2010 The Travelers Indemnity Company
* This is not a certified copy of any policy form. * Actual policy
provisions may differ. *
Page 2 of 2
ENDORSEMENT OR RIDER NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
The following spaces preceded by an (*) need not be completed if this endorsement or rider
and the Bond or Policy have the same inception date.
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ATTACHED TO AND FORMING |
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DATE ENDORSEMENT OR |
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PART OF BOND OR POLICY NO.
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RIDER EXECUTED |
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12:01 A.M. STANDARD TIME AS |
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SPECIFIED IN THE BOND OR POLICY |
469PB0992
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11/30/10
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10/28/10 |
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* ISSUED TO |
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HORIZON TECHNOLOGY FINANCE CORPORATION |
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Unauthorized Signatures
It is agreed that:
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The attached bond is amended by inserting an additional Insuring Agreement as
follows: |
INSURING AGREEMENT UNAUTHORIZED SIGNATURE
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Loss resulting directly from the Insured
having accepted, paid or cashed any check
or withdrawal order, draft, made or drawn on
a customers account which bears the signature or
endorsement of one other than a person whose
name and signature is on the
application on file with the
Insured as a signatory on such account. |
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It shall be a condition precedent to the Insureds right
of recovery under this Rider
that the Insured shall have on file
signatures of all persons who are authorized signatories on such account. |
2. |
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The total liability of the Underwriter under Insuring Agreement is limited to the sum of
Seven Hundred Fifty Thousand Dollars ($750,000), it
being understood, however, that such liability shall be part of and not in addition to the Limit of Liability
stated in Item 3 of the Declarations of the attached bond or amendment thereof. |
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With respect to coverage afforded under this Rider, the Deductible Amount shall be
Fifty Thousand Dollars ($50,000). |
Nothing herein contained shall be held to vary, alter, waive, or extend any of the
terms, conditions, provisions, agreements or limitations of the above mentioned Bond
or Policy, other than as above stated.
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By |
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Authorized Representative |
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INSURED
ICB012 Ed. 7-04
© 2004 The St. Paul Travelers Companies, Inc. All Rights Reserved
* This is not a certified copy of any policy form. * Actual policy
provisions may differ. *
ENDORSEMENT OR RIDER NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
The following spaces preceded by an (*) need not be completed if this endorsement or rider
and the Bond or Policy have the same inception date.
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ATTACHED TO AND FORMING |
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DATE ENDORSEMENT OR |
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* EFFECTIVE DATE OF ENDORSEMENT OR RIDER |
PART OF BOND OR POLICY NO.
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RIDER EXECUTED
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12:01 A.M. STANDARD TIME AS |
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SPECIFIED IN THE BOND OR POLICY |
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469PB0992
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11/30/10
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10/28/10 |
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* ISSUED TO |
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HORIZON TECHNOLOGY FINANCE CORPORATION |
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Add Exclusions (n) & (o)
It is agreed that:
1. |
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Section 2, Exclusions, under General Agreements, is amended to include the following
sub-sections: |
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(n) |
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loss from the use of credit,
debit, charge, access, convenience, identification,
cash management or other cards, whether
such cards were issued or purport to have been issued
by the Insured or by anyone
else, unless such loss is otherwise covered under Insuring Agreement A. |
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the underwriter shall not be liable
under the attached bond for loss
due to liability imposed upon
the
Insured as a result of the unlawful
disclosure of non-public material
information by the Insured or any
Employee, or as a result of any
Employee acting upon such information, whether authorized or
unauthorized. |
Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms,
conditions, provisions, agreements or limitations of the above mentioned Bond or
Policy, other than as above stated.
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By |
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Authorized Representative |
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INSURED
ICB026 Ed. 7-04
© 2004 The St. Paul Travelers Companies, Inc. All Rights Reserved
* This is not a certified copy of any policy form. * Actual policy
provisions may differ. *