POLICYHOLDER NOTICE
Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.com/producer-compensation or by calling 1-800-706-3102.
91222 (9/16)
IMPORTANT NOTICE TO OUR CUSTOMERS
Article 63 of the New York Insurance Code and Regulation 86 of the New York Rules and Regulations exempt certain risks from rate and policy form filing requirements. We used the regulations to price and/ or create coverage forms and endorsements attached to your policy. The regulations require us to attach this notice to your policy or to endorsements issued subsequent to the issuance of your policy.
NOTICE:
THESE POLICY FORMS AND THE APPLICABLE
RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE LAW AND REGULATIONS.
HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND
REGULATIONS.
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
NYFTZ Classification Code: 2-14057
© American International Group, Inc. All rights reserved.
91250 (06/ 18) | Page 1 of 1 |
National Union Fire Insurance Company of Pittsburgh, Pa.
A capital stock company
POLICY NUMBER: 01-590-70-26 | REPLACEMENT OF POLICY NUMBER: 01-603-36-71 |
INVESTMENT COMPANY BLANKET BOND DECLARATIONS:
ITEM 1. Name of Insured (herein called Insured): MACQUARIE GLOBAL INFRASTRUCTURE
| ||
TOTAL RETURN FUND | ||
Principal Address: |
125 WEST 55TH STREET | |
NEW YORK, NY 10019 |
ITEM 2. | Bond Period: from 12:01 a.m. July 31, 2020 to July 31, 2021 the effective date of the termination or cancellation of this bond, standard time at the Principal Address as to each of said dates. |
ITEM 3. | Limit of Liability - Subject to Sections 9, 10 and 12 hereof, |
Single Loss Limit of Liability |
Single Loss Deductible | |||
Insuring Agreement A (Fidelity)- | $1,000,000 | $ Nil | ||
Insuring Agreement B (Audit Expense)- | $100,000 | $10,000 | ||
Insuring Agreement C (On Premises)- | $1,000,000 | $100,000 | ||
Insuring Agreement D (In Transit)- | $1,000,000 | $100,000 | ||
Insuring Agreement E (Forgery or Alteration)- | $1,000,000 | $100,000 | ||
Insuring Agreement F (Securities)- | $1,000,000 | $100,000 | ||
Insuring Agreement G (Counterfeit Currency)- | $1,000,000 | $100,000 | ||
Insuring Agreement H (Stop Payment)- | $50,000 | $10,000 | ||
Insuring Agreement I (Uncollectible Items of Deposit)- | $100,000 | $10,000 | ||
Additional Coverages: | ||||
Insuring Agreement (J) Computer Systems | $1,000,000 | $100,000 | ||
Insuring Agreement (K) - Telefacsimile Transfer | $1,000,000 | $100,000 | ||
Insuring Agreement (L) - Unauthorized :Signatures | $25,000 | $5,000 |
©All rights reserved.
41205 (04/95) | 1 |
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.
ITEM 4. | 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: No Exceptions |
ITEM 5. | The liability of the Underwriter is subject to the terms of the following riders attached thereto: Endorsement #1, #2, #3, #4, #5, #6, #7, #8, #9,#10, #11, #12 |
ITEM 6. | The Insured by the acceptance of this bond gives to the Underwriter terminating or canceling prior bond(s) or policy(ies) No.(s) 01-603-36-71 such termination or cancellation to be effective as of the time this bond becomes effective. |
PREMIUM: $4,554
©All rights reserved.
41205 (04/95) | 2 |
IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President, Secretary and Authorized Representative. This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer.
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PRESIDENT | SECRETARY | |||
National Union Fire Insurance Company of | National Union Fire Insurance Company of | |||
Pittsburgh, Pa. | Pittsburgh, Pa. |
AUTHORIZED REPRESENTATIVE
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COUNTERSIGNED AT |
DATE | COUNTERSIGNATURE |
MARSH USA INC.
1166 AVENUE OF THE AMERICAS NEW
YORK, NY 10036-3712
1239325
©All rights reserved.
41205 (04/95) | 3 |
National Union Fire Insurance Company of Pittsburgh, Pa. ®
A capital stock company
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
41206 (9/ 84) | 1 | © All rights reserved. |
41206 (9/ 84) | 2 | © All rights reserved. |
41206 (9/ 84) | 3 | © All rights reserved. |
GENERAL AGREEMENTS
41206 (9/ 84) | 4 | © All rights reserved. |
THE FOREGOING INSURING AGREEMENTS AND
GENERAL AGREEMENTS ARE SUBJECT TO
THE FOLLOWING CONDITIONS AND
LIMITATIONS:
41206 (9/ 84) | 5 | © All rights reserved. |
41206 (9/ 84) | 6 | © All rights reserved. |
41206 (9/ 84) | 7 | © All rights reserved. |
41206 (9/ 84) | 8 | © All rights reserved. |
41206 (9/ 84) | 9 | © All rights reserved. |
41206 (9/ 84) | 10 | © All rights reserved. |
41206 (9/ 84) | 11 | © All rights reserved. |
41206 (9/ 84) | 12 | © All rights reserved. |
41206 (9/ 84) | 13 | © All rights reserved. |
ENDORSEMENT# 1
This endorsement, effective at 12:01 am July 31, 2020 forms a part of
Policy number 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
NEW YORK PUNITIVE DAMAGES AMENDATORY ENDORSEMENT
It is hereby understood and agreed that notwithstanding anything to the contrary herein, any coverage for punitive, exemplary and multiplied damages shall not apply if uninsurable under the law pursuant to which this policy shall be construed. This policy shall be construed under the laws of the state where: (1) the act or occurrence giving rise to such punitive, exemplary or multiple damages actually or allegedly occurred; (2) the claim seeking such punitive, exemplary or multiplied damages was brought; (3) the judgment or damages were awarded; or (4) the individual subject to such punitive, exemplary or multiple damages resides, or where an entity that is subject to such punitive, exemplary or multiple damages is incorporated or has its principal place of business.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
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AUTHORIZED REPRESENTATIVE |
2-14057 | © All rights reserved. END 001 |
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127071 (9/ 17) |
Page 1 of 1 |
ENDORSEMENT# 2
This endorsement, effective 12:01 am July 31, 2020 forms a part of
policy number 01-590-70-26
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by National Union Fire Insurance Company of Pittsburgh, Pa.
NEW YORK AMENDATORY ENDORSEMENT - NY STATUTE 3420
Wherever used in this endorsement: 1) we, us, our and Insurer mean the insurance company which issued this policy; 2) you, your, Insured and first Named Insured mean the Named Corporation, Named Entity, Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; 3) other insured(s) means all other persons or entities afforded coverage under the policy; 4) Discovery Period means Discovery Period or Extended Reporting Period, as defined in the policy; and 5) Claim means Claim or Suit as defined in the policy.
It is hereby understood and agreed that the policy is amended as follows:
A. | The following provisions are hereby added to the policy: |
FAILURE TO GIVE NOTICE WITHIN PRESCRIBED TIME:
Failure to give any notice required to be given by this policy, or any policy of which this is a renewal, within the prescribed time shall not invalidate any Claim made against an Insured if:
(a) | it shall be shown not to have been reasonably possible to give notice within the prescribed time and that notice was given as soon as was reasonably possible thereafter; or |
(b) | the failure to provide timely notice has not prejudiced the Insurer. |
Any such Claim shall be deemed to have been first made against the Insured and noticed to the Insurer within the Policy Period or Discovery Period of the policy issued by the Insurer (the Noticed Policy) in which the Insurer received notice of the Claim; provided that the coverage afforded with respect to the Noticed Policy shall be in an amount not greater than the amount of coverage afforded with respect to the Policy Period of the policy issued by the Insurer (the Former Policy) in which the Claim was actually first made against the Insured. The foregoing sentence may result in (but not be limited to): (1) reducing the limit of liability available for such a Claim to the available limit of liability applicable to the Former Policy; (2) increasing the applicable retention amount to that retention amount applicable to the Former Policy; or
(3) reducing or eliminating coverage due to exclusions or other restrictions appearing in the Former Policy but eliminated, in part or in whole, in the Noticed Policy. No coverage shall be afforded under this endorsement if there was not in existence a Former Policy at the time the Claim was actually first made against the Insured.
With respect to subsection (b) above, any such Claim must be noticed during the Policy Period or Discovery Period of a Noticed Policy which is a renewal or extension of the Former Policy.
Nothing in this endorsement shall be construed to provide coverage for a Claim under more than one Policy Period or Discovery Period.
PREJUDICE:
2-14057 |
© All rights reserved.
END 002 |
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83231 (1/ 09) |
Page 1 of 2 |
ENDORSEMENT# | 2 (continued) | |||
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In the event that the Insurer alleges that it was prejudiced as a result of a failure to give notice within the time required under the policy, the burden of proof shall be on:
(a) | the Insurer to prove that it has been prejudiced, if the notice was provided within two years of the time required under the policy; or |
(b) | the Insured to prove that the Insurer has not been prejudiced, if the notice was provided more than two years after the time required under the policy. |
The Insurers rights shall not be deemed prejudiced unless the failure to timely provide notice materially impairs the ability of the Insurer to investigate or defend the Claim.
Notwithstanding the above, an irrebuttable presumption of prejudice shall apply if, prior to the notice, the Insureds liability has been determined by a court of competent jurisdiction or by a binding arbitration; or if the Insured has resolved the Claim by settlement or other compromise.
NOTICE TO AGENT:
Notice given by or on behalf of the Insured, or written notice by or on behalf of the injured party or any other claimant, to any licensed agent of the Insurer in the state of New York, with particulars sufficient to identify the Insured, shall be deemed notice to the Insurer.
INSOLVENCY/ BANKRUPTCY OF INSURED:
The insolvency or bankruptcy of the Insured shall not relieve the Insurer of its obligations under this policy as long as all policy requirements are met by Insured, its trustee or receiver in bankruptcy. Should a covered judgment be rendered against an insolvent or bankrupt Insured, the Insurer shall be liable for the amount of such judgment not to exceed the applicable limit of liability under this policy.
B. | The Clause entitled, Action Against Us or Action Against Company is deleted in its entirety and replaced with the following: |
No one may bring an action against us unless there has been full compliance with all the terms of this policy and the amount of the Insureds obligation to pay has been finally determined either by:
1. | judgment against the Insured which remains unsatisfied at the expiration of thirty (30) days from the service of notice of entry of the judgment upon the Insured and upon us; or |
2. | written agreement of the Insured, the claimant and us. |
Any person or organization or legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. We may not be impleaded by the Insured or its legal representative in any legal action brought against the Insured by any person or organization.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
AUTHORIZED REPRESENTATIVE |
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2-14057 | © All rights reserved.
END 002 |
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83231 (1/ 09) |
Page 2 of 2 |
ENDORSEMENT# 3
This endorsement, effective 12:01 am July 31, 2020 forms a part of
policy number 01-590-70-26
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by National Union Fire Insurance Company of Pittsburgh, Pa.
NEW YORK AMENDATORY ENDORSEMENT
Wherever used in this endorsement: 1) Insurer means the insurance company which issued this policy; and 2) Insured means the Named Corporation, Named Organization, Named Sponsor, Named Insured, Named Entity or Insured stated in the declarations page;
The policy is hereby amended as follows:
I. | The Cancellation and When We Do Not Renew provisions are deleted and replaced by the following: |
(a) | CANCELLATION BY THE INSURED |
This policy may be cancelled by the Insured by surrender of this policy to the Insurer or by giving written notice to the Insurer stating when thereafter such cancellation shall be effective. The Policy Period terminates at the date and hour specified in such notice, or at the date and time of surrender.
(b) | CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL BY THE INSURER |
(i) | If this policy has been in effect for sixty (60) or fewer days when cancellation notice is mailed, and this policy is not a renewal of a policy issued by the Insurer, then this policy may be cancelled by the Insurer by mailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than twenty (20) days thereafter (fifteen (15) days thereafter if cancellation is because of one of the reasons for cancellation set forth in subsection (ii) below) the cancellation shall be effective. Notice of cancellation issued by the Insurer shall specify the grounds for cancellation. |
(ii) | If this policy has been in effect for more than sixty (60) days when notice of cancellation is mailed, or if this policy is a renewal of a policy issued by the Insurer, then this policy may be cancelled by the Insurer by mailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than fifteen (15) days thereafter the cancellation shall be effective; however, such cancellation must be based on one or more of the following: |
(A) | nonpayment of premium, provided, however, that a notice of cancellation on this ground shall inform the first Named Insured of the amount due; |
(B) | conviction of a crime arising out of acts increasing the hazard insured against; |
(C) | discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder; |
(D) | after issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially increases the hazard insured against, and which occurred subsequent to inception of the current Policy Period; |
2-14057 |
© All rights reserved. END 003 |
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69898 (9/ 06) |
Page 1 of 4 |
ENDORSEMENT# 3 (continued)
(E) | material change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed; |
(F) | required pursuant to a determination by the New York Superintendent of Insurance that continuation of the present premium volume of the Insurer would jeopardize the Insurers solvency or be hazardous to the interests of Insureds of the Insurer, its creditors or the public; |
(G) | a determination by the New York Superintendent of Insurance that the continuation of the policy would violate, or would place the Insurer in violation of, any provision of the New York Insurance Law; |
(H) | revocation or suspension of an Insureds license to practice his profession; or |
(I) | where the Insurer has reason to believe that there is a probable risk or danger that the Insured will destroy or permit the destruction of the insured property for the purpose of collecting the insurance proceeds, provided, however, that: |
(1) | a notice of cancellation on this ground shall inform the Insured in plain language that the Insured must act within ten days if review by the department of the ground for cancellation is desired pursuant to item (3) of this subparagraph (I); |
(2) | notice of cancellation on this ground shall be provided simultaneously by the Insurer to the department; and |
(3) | upon written request of the Insured made to the department within ten days from the Insureds receipt of notice of cancellation on this ground, the department shall undertake a review of the ground for cancellation to determine whether or not the Insurer has satisfied the criteria for cancellation specified in this subparagraph; if after such review the department finds no sufficient cause for cancellation on this ground, the notice of cancellation on this ground shall be deemed null and void. |
Notice of cancellation by the Insurer shall specify the grounds for cancellation.
(iii)
(A) | The Insurer shall mail to the Insured, and to his authorized insurance agent or broker, written notice indicating the Insurers intention: |
(1) | not to renew this policy; |
(2) | to condition its renewal upon change of limits, change in type of coverage, reduction of coverage, increased deductible or addition of exclusions or upon increased premiums in excess of ten percent; (exclusive of any premium increase generated as a result of increased exposure units or as a result of experience rating, loss rating, or audit); |
2-14057 |
© All rights reserved. END 003 |
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69898 (9/ 06) |
Page 2 of 4 |
ENDORSEMENT# 3 (continued)
(3) | that the policy will not be renewed or will not be renewed upon the same terms, conditions or rates; such alternative renewal notice must be mailed or delivered on a timely basis and advise the Insured that a second notice shall be mailed at a later date indicating the Insurers intention as specified in subparagraph (1) or (2) of this paragraph (A) and that coverage shall continue on the same terms, conditions and rates as expiring, until the later of the expiration date or sixty (60) days after the second notice is mailed or delivered; such alternative renewal notice also shall advise the insured of the availability of loss information and, upon written request, the request, the insurer shall furnish such loss information within ten (10) days to the insured. |
(B) | A nonrenewal notice as specified in subparagraph (1), a conditional renewal notice as specified in subparagraph (2), and the second notice described in subparagraph (3) of paragraph (A) of this subsection (iii) shall contain the specific reason or reasons for nonrenewal or conditional renewal, and set forth the amount of any premium increase and nature of any other proposed changes. |
(C) | The notice required by paragraph (A) of this subsection (iii) shall be mailed at least sixty (60) but not more than one hundred twenty (120) days in advance of the end of the Policy Period. |
(D)
(1) | If the Insurer employs an alternative renewal notice as authorized by subparagraph (3) of paragraph (A) of this subsection (iii), the Insurer shall provide coverage on the same terms, conditions, and rates as the expiring policy, until the later of the expiration date or sixty (60) days after the mailing of the second notice described in such subparagraph. |
(2) | Prior to the expiration date of the policy, in the event that an incomplete or late conditional renewal notice or a late nonrenewal notice is provided by the Insurer, the Policy Period shall be extended, at the same terms and conditions as the expiring policy, except that the annual aggregate limit of the expiring policy shall be increased in proportion to the policy extension, and at the lower of the current rates or the prior periods rates, until sixty (60) days after such notice is mailed, unless the Insured elects to cancel sooner. |
(3) | In the event that a late conditional renewal notice or a late nonrenewal notice is provided by the insurer on or after the expiration date of the policy, coverage shall remain in effect on the same terms and conditions of the expiring policy for another required policy period, and at the lower of the current rates or the prior periods rates unless the insured during the additional required policy period has replaced the coverage or elects to cancel, in which event such cancellation shall be on a pro rata premium basis. |
(iv) | Nothing herein shall be construed to limit the grounds for which the Insurer may lawfully rescind this policy or decline to pay a claim under this policy. |
2-14057 |
© All rights reserved. END 003 |
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69898 (9/ 06) |
Page 3 of 4 |
ENDORSEMENT# 3 (continued)
(v) | Notice required herein to be mailed to the Insured shall be mailed to the Insured at the address shown in Item 1 of the Declarations. |
Notice required herein to be mailed by the Insurer shall be sent by registered, certified or other first class mail. Delivery of written notice shall be equivalent to mailing.
Proof of mailing of such notice as aforesaid shall be sufficient proof of notice. The Policy Period shall terminate at the effective date and hour of cancellation or nonrenewal specified in such notice.
(vi) | If this policy shall be cancelled by the Insured, the Insurer shall retain the customary short rate proportion of the premium hereon. |
If this policy shall be cancelled by the Insurer, the Insurer shall retain the pro rata proportion of the premium hereon.
Payment or tender of any unearned premium by the Insurer shall not be a condition of cancellation, but such payment shall be made as soon as practicable.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
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AUTHORIZED REPRESENTATIVE |
2-14057 |
© All rights reserved. END 003 |
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69898 (9/ 06) |
Page 4 of 4 |
ENDORSEMENT# 4
This endorsement, effective at 12:01 am July 31, 2020 forms a part of
Policy number 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
CANCELLATION AMENDATORY
(RETURN PRO RATA)
Wherever used herein: (1) Policy means the policy or bond to which this endorsement or rider is made part of; (2) Insurer means the Insurer, Underwriter, Company or other name specifically ascribed in this Policy as the insurance company or underwriter for this Policy; (3) Named Entity means the Named Entity, Named Corporation, Named Organization, Named Sponsor, Named Insured, First Named Insured, Insureds Representative, Policyholder or equivalent term stated in Item 1 of the Declarations; and
(1) Period means the Policy Period, Bond Period or equivalent term stated in the Declarations.
In consideration of the premium charged, it is hereby understood and agreed that notwithstanding anything to the contrary in any CANCELLATION or TERMINATION clause of this Policy (and any endorsement or rider amending such cancellation or termination clause, including but not limited to any state cancellation/ non- renewal amendatory attached to this policy), if this Policy shall be canceled by the Named Entity, the Insurer shall return to the Named Entity the unearned pro rata proportion of the premium as of the effective date of cancellation.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
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AUTHORIZED REPRESENTATIVE |
2-14057 |
© All rights reserved. END 004 |
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101036 (4/ 09) |
Page 1 of 1 |
ENDORSEMENT# 5
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
COMPUTER CRIME COVERAGE RIDER
(ICBB VERSION)
In consideration of the premium charged, it is hereby understood and agreed that bond is hereby amended as follows:
1. | All the terms and conditions of the Investment Company Blanket Bond, Form No. 41206 (09/84), shall apply to coverage as is afforded by this endorsement unless specifically stated otherwise herein or in any endorsement attached hereto. |
2. | Item 3 of the Declarations is hereby amended by adding the following under Optional Insuring Agreements and Coverages section: |
Limit of Liability | Deductible | |||||
(CC-1) Computer Systems Fraud |
$1,000,000 | $100,000 | ||||
(CC-2) Data Processing Service Operations |
Not Covered | Not Covered | ||||
(CC-3) Voice Initiated Transfer Fraud |
$1,000,000 | $100,000 | ||||
(CC-4) Telefacsimile Transfer Fraud |
$1,000,000 | $100,000 | ||||
(CC-5) Destruction of Data or Programs by Hacker |
Not Covered | Not Covered | ||||
(CC-6) Destruction of Data or Programs by Virus |
Not Covered | Not Covered | ||||
(CC-7) Voice Computer Systems Fraud |
Not Covered | Not Covered |
3. | The Declarations page is hereby amended by adding the following after Item 6 thereof: |
Item 7.
Voice Initiated Transfer Fraud
Under the terms of the Voice Initiated Transfer Fraud Insuring Agreement, the Insured must place verification call-back for each transfer in excess of $100,000.
© All rights reserved. END 005 |
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135055 (12/19) | 1 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
Telefacsimile Transfer Fraud
Under the terms of the Telefacsimile Transfer Fraud Insuring Agreement, the Insured must place a Verification call-back for each transfer in excess of $100,000.
4. | The Insuring Agreements are hereby amended by adding the following Insuring Agreements to the Bond: |
COMPUTER SYSTEMS FRAUD
(CC-1) | Loss resulting directly from a fraudulent: |
(1) | entry of Electronic Data or Computer Program into, or |
(2) | change of Electronic Data or Computer Program within |
any Computer System operated by the Insured, whether owned or leased; or any Computer System identified in the application for this bond; or a Computer System first used by the Insured during the bond period; as provided by General Agreement B; provided the entry or change causes:
(i) | Property to be transferred, paid or delivered, |
(ii) | an account of the Insured, or of its customer, to be added, deleted, debited or credited, or |
(iii) | an unauthorized account or a fictitious account to be debited or credited. |
In this Insuring Agreement, fraudulent entry or change shall include such entry or change made by an Employee of the Insured acting in good faith:
(a) | on an instruction from a software contractor who has a written agreement with the Insured to design, implement or service programs for a Computer System covered by this Insuring Agreement, or |
(b) | on an instruction transmitted by Tested telex or similar means of Tested communication identified in the application for this bond purportedly sent by a customer, financial institution or automated clearing house. |
DATA PROCESSING SERVICE OPERATIONS
© All rights reserved. END 005 |
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135055 (12/19) | 2 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(CC-2) | Loss sustained by a Client of the Insured resulting directly from a fraudulent: |
(1) | entry of Electronic Data or a Computer Program into, or |
(2) | change of Electronic Data or a Computer Program within a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement, or |
(3) | entry or change of Electronic Data during electronic transmission or physical transit from the Insured to its Client, provided that the entry or change causes: |
(i) | Property to be transferred, paid or delivered, |
(ii) | an account of the Client, or a customer of the Client, to be added, deleted, debited or credited, or |
(iii) | an unauthorized account or a fictitious account to be debited or credited, |
and for which loss the Insured is legally liable to the Client as a provider of data processing services for such Client.
In this Insuring Agreement, fraudulent entry or change shall include such entry or change made by an Employee of the Insured acting in good faith:
(a) | on an instruction from a software contractor who has a written agreement with the Insured to design, implement or service programs for a Computer System covered by this Insuring Agreement, or |
(b) | on an instruction transmitted by Tested telex or similar means of Tested communication identified in the application for this bond purportedly sent by a customer, financial institution or automated clearing house. |
In this Insuring Agreement, Client means an entity for which the Insured serves as data processor under the terms of a written agreement.
VOICE INITIATED TRANSFER FRAUD
(CC-3) | Loss resulting directly from the Insured having, in good faith, transferred Funds from a Customers account through a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement in |
© All rights reserved. END 005 |
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135055 (12/19) | 3 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
reliance upon a fraudulent voice instruction transmitted by telephone which was purported to be from: |
(1) | an officer, director, partner or employee of a Customer of the Insured who was authorized by the Customer to instruct the Insured to make such transfer, |
(2) | an individual person who is a Customer of the Insured, or |
(3) | an Employee of the Insured in another office of the Insured who was authorized by the Insured to instruct other Employees of the Insured to transfer Funds, |
and was received by an Employee of the Insured specifically designated to receive and act upon such instructions, but the voice instruction was not from a person described in (1), (2) or (3) above, provided that:
(i) | such voice instruction was electronically recorded by the Insured and required password(s) or code word(s) given; and |
(ii) | if the transfer was in excess of the amount shown on the Declarations Page as the verification call-back amount for this Insuring Agreement, the voice instruction was verified by a call-back according to a prearranged procedure. |
As used in this Insuring Agreement, Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on voice instructions to initiate transfers and has provided the Insured with the names of persons authorized to initiate such transfers, and with which the Insured has established an instruction verification mechanism.
TELEFACSIMILE TRANSFER FRAUD
(CC-4) | Loss resulting directly from the Insured having, in good faith, transferred or delivered Funds, Certificated Securities or Uncertificated Securities through a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement in reliance upon a fraudulent instruction received through a Telefacsimile Device, and which instruction: |
(1) | purports and reasonably appears to have originated from: |
(a) | a Customer of the Insured, |
(b) | another financial institution, or |
© All rights reserved. END 005 |
||||
135055 (12/19) | 4 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(c) | another office of the Insured |
but, in fact, was not originated by the Customer or entity whose identification it bears, and
(2) | contains a valid test code which proves to have been used by a person who was not authorized to make use of it, and |
(3) | contains the name of a person authorized to initiate such transfer; |
provided that, if the transfer was in excess of the amount shown on the Declarations as the verification call-back amount for this Insuring Agreement, the instructions was verified by a call-back according to a prearranged procedure.
As used in this Insuring Agreement, Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on Telefacsimile Device instructions to initiate transfers and has provided the Insured with the names of persons authorized to initiate such transfers, and with which the Insured has established an instruction verification mechanism.
DESTRUCTION OF DATA OR PROGRAMS BY HACKER
(CC-5) | Loss that is Restoration Costs resulting directly from the malicious destruction of, or damage to, Electronic Data or Computer Programs owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement. |
Special Condition: Under this Insuring Agreement, a single Loss shall comprise of all covered costs incurred by the Insured between the time destruction or damage is discovered and the time the affected Computer Program(s) or Electronic Data is/are restored or repaired (or a determination has been made that such restoration or repair is impossible). Recurrence of destruction or damage after the Computer Program(s) or Electronic Data is/are restored or repaired shall constitute a separate single Loss.
DESTRUCTION OF DATA OR PROGRAMS BY VIRUS
© All rights reserved. END 005 |
||||
135055 (12/19) | 5 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(CC-6) | Loss resulting directly from the malicious destruction of, or damage to, Electronic Data or Computer Programs owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement if such destruction or damage was caused by a computer program or similar instruction which was written or altered to incorporate a hidden instruction designed to destroy or damage Electronic Data or Computer Programs in the Computer System in which the computer program or instruction so written or so altered is used. |
Special Condition: Under this Insuring Agreement, a single Loss consists of all covered costs incurred by the Insured between the time destruction or damage is discovered and the time the affected Computer Program(s) or Electronic Data is/are restored or repaired (or a determination has been made that such restoration or repair is impossible). Recurrence of destruction or damage after the Computer Program(s) or Electronic Data is/are restored or repaired shall constitute a separate single Loss.
VOICE COMPUTER SYSTEM FRAUD
(CC-7) | Loss resulting directly from charges for voice telephone long-distance toll calls which were incurred due to the fraudulent use or fraudulent manipulation of an Account Code or System Password required to obtain access to a Voice Computer System owned or leased by the Insured, installed on the Insureds premises, whose System Administration is performed and controlled by the Insured; provided, however, that the unauthorized access was not made possible by: |
(1) | failure to incorporate a System Password feature or failure to change the System Password at least once every 30 days thereafter, or |
(2) | failure to have a call-disconnect feature in operation to automatically terminate a callers access to the Voice Computer System after not more than three unsuccessful attempts to input an Account Code. |
© All rights reserved. END 005 |
||||
135055 (12/19) | 6 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
Special Condition: Under this Insuring Agreement, a single Loss consists of loss resulting from toll call charges made only on telephone lines directly controlled by one Voice Computer System and only toll call charges occurring for a period of not more than 30 days inclusive of the date on which the first such toll call charge was made.
5. | GENERAL AGREEMENT A. ADDITIONAL OFFICES OR EMPLOYEESCONSOLIDATION, MERGERNOTICE is hereby deleted in its entirety and is replaced with the following: |
ADDITIONAL OFFICES OR EMPLOYEES OR COMPUTER SYSTEMS CONSOLIDATION, MERGER OR PURCHASE OF ASSETS OR COMPUTER SYSTEMS
A. | If the Insured shall, while this bond is in force, establish any additional offices, other than by consolidation or merger with, or purchase or acquisition of assets or liabilities or computer systems of, another institution, such offices and computer systems shall be automatically covered hereunder from the date of such establishment without the requirement of notice to the Underwriter or the payment of additional premium for the remainder of the premium period. |
If the Insured shall, while this bond is in force, consolidate or merge with, or purchase or acquire assets or liabilities or computer systems of, another institution, the Insured shall not have such coverage as is afforded under this bond for loss which:
(a) | has occurred or will occur in offices or premises or computer systems, or |
(b) | has been caused or will be caused by an employee or employees of such institution, or |
(c) | has arisen or will arise out of the assets or liabilities or computer systems acquired by the Insured as a result of such consolidation, merger or purchase of assets or liabilities or computer systems unless the Insured shall: |
(i) | give the Underwriter written notice within 60 days of the proposed consolidation, merger or purchase of assets or liabilities or computer systems prior to the proposed effective date of such action; and |
© All rights reserved. END 005 |
||||
135055 (12/19) | 7 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(ii) | obtain the written consent of the Underwriter to extend the coverage provided by this bond to such additional offices or premises or computer systems, Employees and other exposures; and |
(iii) | upon obtaining such consent, pay to the Underwriter an additional premium. |
6. | Solely for the coverage provided by this rider, in Section 1. DEFINITIONS of the CONDITIONS AND LIMITATIONS of this bond, definition (b) Property is hereby amended to include Electronic Data and Computer Programs. |
7. | Solely for the coverage provided by this rider, Section 1. DEFINITIONS of the CONDITIONS AND LIMITATIONS of this bond is hereby amended by adding the following definitions to the end thereof: |
(i) | Account Code means a confidential and protected string of characters which identifies or authenticates a person and permits that person to gain access to a Voice Computer System for the purpose of making toll calls or utilizing voice mail box messaging capabilities or other similar functional features of the System. |
(ii) | Computer Program means a set of related electronic instructions which direct the operations and functions of a computer or devices connected to it which enable the computer or devices to receive, process, store or send Electronic Data. |
(iii) | Computer System means: |
(1) | computers with related peripheral components, including storage components wherever located; |
(2) | systems and applications software; |
(3) | terminal devices; and |
(4) | related communication networks, including the internet |
by which Electronic Data are electronically collected, transmitted, processed, stored and retrieved.
(iv) | Electronic Data means facts or information converted to a form usable in a Computer System by Computer Programs and which is stored on magnetic tapes or disks, or optical storage disks or other bulk media. |
© All rights reserved. END 005 |
||||
135055 (12/19) | 8 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(iv) | Funds means Money on deposit in an account. |
(v) | Restoration Costs means reasonable and necessary costs or expenses incurred by the Insured with the Insurers prior written consent to restore or repair damaged or destroyed Electronic Data or Computer Programs within a Computer System; provided that if it is determined that such Electronic Data or Computer Programs cannot be restored or repaired, then Restoration Costs means solely those reasonable costs or expenses incurred by the Insured, with the Insurers prior written consent, to reach such determination. |
Notwithstanding the foregoing, Restoration Costs shall not include, and in no event shall any Insuring Agreement of this bond cover:
(1) | any costs related directly or indirectly to the damage or destruction of Electronic Data or Computer Programs that the Insured did not have a license to use; or |
(2) | any costs or expenses incurred to redo the work product, research or analysis that was the basis of any damaged or destroyed Electronic Data or Computer Programs. |
(vi) | System Administration means the performance of security functions including but not limited to defining authorized persons to access a Voice Computer System and adding, changing and deleting Account Codes or passwords in connection therewith; and invoking or revoking a System option which directs telephone call routing or which adds, moves or drops telephone lines or which performs any other similar activity allowed by a hardware or software-based System option that has been incorporated by a manufacturer or vendor into a System or any component thereof provided said System option is not intended for the sole use of such manufacturer or vendor. |
(vii) | System Maintenance means the performance of hardware and software installation, diagnostics and corrections and similar activities that are performed in the usual custom and practice by a manufacturer or vendor to establish or maintain the basic operational functionality of a Voice Computer System or any component thereof. |
© All rights reserved. END 005 |
||||
135055 (12/19) | 9 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(viii) | System Password means a confidential and protected string of characters which identifies or authenticates a person and permits that person to gain access to a Voice Computer System or any portion thereof for the purpose of performing System Administration or System Maintenance activities. |
(ix) | Telefacsimile Device means a machine capable of sending or receiving a duplicate image of a document by means of electronic impulses transmitted through a telephone line and which reproduces the duplicate image on paper. |
(x) | Tested means a method of authenticating the contents of a communication by placing a valid test key on it which has been agreed upon by the Insured and a customer, automated clearing house, or another financial institution for the purpose of protecting the integrity of the communication in the ordinary course of business. |
(xi) | Uncertificated Security means a share, participation or other interest in property of, or an enterprise of, the issuer or an obligation of the issuer, which is: |
(1) | not represented by an instrument and the transfer of which is registered upon books maintained for that purpose by or on behalf of the issuer; |
(2) | of a type commonly dealt in securities, exchanges or markets; and |
(3) | either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations. |
(xii) | Voice Computer System means a Computer System installed in one location which functions as a private branch exchange (PBX), voice mail processor, automated call attendant or provides a similar capability used for the direction or routing of telephone calls in a voice communications network. |
8. | Solely for the coverage provided by this rider, Section 2. EXCLUSIONS of the CONDITIONS AND LIMITATIONS of the bond is hereby amended by adding the following exclusions to the end thereof: |
THIS BOND DOES NOT COVER:
© All rights reserved. END 005 |
||||
135055 (12/19) | 10 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(i) | any loss of the type or kind covered by any other Insuring Agreement provided in this financial institution bond, regardless of any deductible amount or limit of liability; |
(ii) | loss caused by a director or Employee of the Insured or by a person in collusion with any director or Employee of the Insured; (Collusion shall include the willful withholding of knowledge from the Insured by any director or Employee that a fraudulent act by a person not an Employee has been or will be perpetrated against the Insured.); |
(iii) | loss resulting directly or indirectly from entry or change of Electronic Data or Computer Programs in a Computer System, unless covered under the COMPUTER SYSTEMS FRAUD or DATA PROCESSING SERVICE OPERATIONS Insuring Agreements; |
(iv) | loss resulting directly or indirectly from the Insured having transferred Funds in reliance on the validity of a voice instruction, unless covered under the COMPUTER SYSTEMS FRAUD or VOICE INITIATED TRANSFER FRAUD Insuring Agreements; |
(v) | loss resulting directly or indirectly by the Insured having transferred or delivered Funds, Certificated Securities or Uncertificated Securities in reliance on an instruction received through a Telefacsimile Device, unless covered under the TELEFACSIMILE TRANSFER FRAUD Insuring Agreement; |
(vi) | loss resulting directly or indirectly from theft of confidential information; |
(vii) | loss resulting directly or indirectly from the assumption of liability by the Insured by contract unless the liability arises from a loss covered by this rider and would be imposed on the Insured regardless of the existence of the contract; |
(viii) | the cost of duplication of Electronic Data or Computer Programs, unless covered under the DESTRUCTION OF DATA OR PROGRAMS BY HACKER or DESTRUCTION OF DATA OR PROGRAMS BY VIRUS Insuring Agreements; |
(ix) | loss involving a Voice Computer System, unless covered under the VOICE COMPUTER SYSTEM FRAUD Insuring Agreement; |
© All rights reserved. END 005 |
||||
135055 (12/19) | 11 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(x) | loss resulting directly or indirectly from: |
(1) | written instructions or advices, or |
(2) | telegraphic or cable instructions or advices; |
unless the instructions or advices are Tested and the loss is covered under the COMPUTER SYSTEMS FRAUD or DATA PROCESSING SERVICE OPERATIONS Insuring Agreements;
(xi) | loss resulting directly or indirectly from negotiable instruments, securities, documents or other written instruments which bear a forged signature, or are counterfeit, altered or otherwise fraudulent and which are used as source documentation in the preparation of Electronic Data or manually keyed into a data terminal; |
(xii) | loss resulting directly or indirectly from the fraudulent preparation, or fraudulent modification of Computer Programs unless covered under the COMPUTER SYSTEMS FRAUD or DATA PROCESSING SERVICE OPERATIONS Insuring Agreements; |
(xiii) | loss resulting directly or indirectly from: |
(a) | mechanical failure, faulty construction, error in design, latent defect, fire, wear or tear, gradual deterioration, electrical disturbance or electrical surge which affects a Computer System; or |
(b) | failure or breakdown of electronic data processing media; or |
(c) | error or omission in programming or processing; |
(xiv) | loss as a result of a threat to Computer System operations; |
(xv) | loss resulting directly or indirectly from the use of a telephone credit, debit, charge, identification or similar card to gain access to the Insureds Voice Computer System; |
(xvi) | loss resulting directly or indirectly from the input of Electronic Data into a Computer System terminal device either on the premises of a customer of the Insured or under the control of such customer by a person who had authorized access to the customers authentication mechanism. |
© All rights reserved. END 005 |
||||
135055 (12/19) | 12 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(xvii) | loss resulting directly or indirectly from payments made or withdrawals from a depositors account involving items of deposit which are not finally paid for any reason; |
(xviii) | loss of potential income, including but not limited to interest and dividends; |
(xix) | loss of any type for which the Insured is legally liable, except compensatory damages, but not multiples thereof, arising directly from a loss covered under this policy; |
(xx) | any fees, costs and expenses incurred by the Insured; |
(xxi) | indirect or consequential loss of any nature; |
(xxii) | loss involving automated mechanical devices which on behalf of the Insured, disburse money, accept deposits, cash checks, drafts or similar written instruments, or make credit card loans; |
(xxiii) | loss due to riot or civil commotion or loss due to military, naval or usurped power, war or insurrection; |
(xxiv) | loss resulting directly or indirectly from the effects of nuclear fission or fusion or radioactivity; provided, however, that this exclusion shall not apply to loss resulting from industrial uses of nuclear energy; |
(xxv) | loss as a result of a threat: |
(1) | to do bodily harm to any person; |
(2) | to do damage to the premises or property of the Insured; or |
(3) | to Computer Systems operations. |
9. | Solely for the coverage provided by this rider, Section 4. LOSS - NOTICE - PROOF - LEGAL PROCEEDINGS of the CONDITIONS AND LIMITATIONS of the bond is hereby amended by adding the following to the end thereof: |
It is further understood and agreed that:
(i) | Proof of loss for claim under the Voice Initiated Transfer Fraud Insuring Agreement must include electronic recordings of such voice instructions and the verification call-back, if such call-back was required; and |
© All rights reserved. END 005 |
||||
135055 (12/19) | 13 |
ENDORSEMENT# 5 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(ii) | Proof of loss for claim under the Telefacsimile Transfer Fraud Insuring Agreement must include a copy of the document reproduced by the Telefacsimile Device. |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
|
AUTHORIZED REPRESENTATIVE |
© All rights reserved. END 005 |
||||
135055 (12/19) | 14 |
ENDORSEMENT# 6
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
INDIRECT OR CONSEQUENTIAL LOSS EXCLUSION
This rider modifies insurance provided under the following:
BROKER-DEALER GUARD BOND
FOLLOW FORM BOND (EXCESS OVER A FIDELITY BOND) INVESTMENT
COMPANY BLANKET BOND
It is agreed that:
1. | This bond shall not cover any indirect or any consequential loss of any nature including, but not limited to fines, penalties, multiple or punitive damages. |
2. | Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. |
|
AUTHORIZED REPRESENTATIVE |
© All rights reserved. END 006
|
||||
113022 (10/12) | 1 |
ENDORSEMENT# 7
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
UNAUTHORIZED SIGNATURES COVERAGE
In consideration of the premium charged, it is agreed that:
1. | The following Insuring Agreement is added to this bond: |
(US) UNAUTHORIZED SIGNATURES
Loss resulting directly from the Insured having accepted, paid or cashed any check or withdrawal order made or drawn on a customers account which bears the signature or endorsement of someone other than a person whose name and signature is on file with the Insured as a signatory on such account.
It shall be a condition precedent to the Insureds right of recovery under this UNAUTHORIZED SIGNATURES Insuring Agreement that the Insured shall have on file the signatures of all persons who are signatories on such account.
2. | The Optional Insuring Agreements and Coverages section of Item 3 of the Declarations of this bond is amended by adding the following at the end thereof: |
Limit of Liability |
Deductible | |||||
Insuring Agreement (US) - UNAUTHORIZED SIGNATURES | $ | 25,000 | $5,000 |
3. | Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limitations, conditions or agreements of the attached bond other than as above stated. |
AUTHORIZED REPRESENTATIVE |
© All rights reserved. END 007 |
||||
127425 (11/17) | 1 |
ENDORSEMENT# 10
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
PROTECTED INFORMATION EXCLUSION
This rider modifies insurance provided under the following:
FINANCIAL INSTITUTIONS BOND, STANDARD FORM 14
FINANCIAL INSTITUTIONS BOND, STANDARD FORM 15
FINANCIAL INSTITUTIONS BOND, STANDARD FORM 24
FINANCIAL INSTITUTIONS BOND, STANDARD FORM 25
It is agreed that:
1. | Coverage shall not apply to any loss resulting directly or indirectly from the: (a) theft, disappearance or destruction of; (b) unauthorized use or disclosure of; (c) unauthorized access to; or (d) failure to protect any: |
(i) | confidential or non-public; or |
(ii) | personal or personally identifiable; |
information that any person or entity has a duty to protect under any law, rule or regulation, any agreement or any industry guideline or standard.
This exclusion shall not apply to loss of money, securities or tangible property covered pursuant to Section 11. COVERED PROPERTY that was the subject of a theft, disappearance, damage or destruction resulting directly from the unauthorized use or disclosure of such information.
2. | Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. |
|
AUTHORIZED REPRESENTATIVE |
© All rights reserved. END 008 |
||||
115906 (10/13) |
1 |
ENDORSEMENT# 9
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
FRAUDULENT TRANSFER INSTRUCTIONS
In consideration of the premium charged, it is agreed that:
1. The following Insuring Agreement is added to this bond:
(FTI) FRAUDULENT TRANSFER INSTRUCTIONS
Loss resulting directly from the Insured having, in good faith, transferred money on deposit in a Customers account, or a Customers Certificated Securities, in reliance upon a fraudulent instruction transmitted to the Insured via telefacsimile, telephone, or electronic mail; provided, however that
(1) | The fraudulent instruction purports, and reasonably appears, to have originated from: |
(a) | such Customer, |
(b) | an Employee acting on instructions of such Customer; or |
(c) | another financial institution acting on behalf of such Customer with authority to make such instructions; and |
(2) | The sender of the fraudulent instruction verified the instruction with the password, PIN, or other security code of such Customer; and |
(3) | The sender was not, in fact, such Customer, was not authorized to act on behalf of such Customer, and was not an Employee of the Insured; and |
(4) | The instruction was received by an Employee of the Insured specifically authorized by the Insured to receive and act upon such instructions; and |
(5) | For any transfer exceeding the Verification Threshold Amount set forth below, the Insured verified the instruction via a call back to a predetermined telephone number set forth in the Insureds Written agreement with such Customer or other verification procedure approved in writing by the Underwriter; and |
(6) | The Insured preserved a contemporaneous record of the call back, if any, and of the instruction which verifies use of the authorized password, PIN or other security code of the Customer. |
© All rights reserved. END 009 |
||||
127417 (11/17) | 1 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
The Verification Threshold Amount applicable to this FRAUDULENT TRANSFER INSTRUCTIONS Insuring Agreement is: $100,000.
2. | Solely with respect to the FRAUDULENT TRANSFER INSTRUCTIONS Insuring Agreement, the following definitions shall apply: |
(FTI-1) | Certificated Security means a share, participation or other interest in property of or an enterprise of the issuer or an obligation of the issuer, which is: |
(i) | represented by a written instrument issued in bearer or registered form; |
(ii) | of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and |
(iii) either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations.
(FTI-2) | Customer means a natural person or entity which has a written agreement with the Insured authorizing the Insured to transfer money on deposit in an account or Certificated Securities in reliance upon instructions transmitted to the Insured via the means utilized to transmit the fraudulent instruction. |
3. | It shall be a condition precedent to coverage under the FRAUDULENT TRANSFER INSTRUCTIONS Insuring Agreement that the Insured assert any available claims, offsets or defenses against such Customer, any financial institution or any other party to the transaction. |
4. | The following additional Exclusions are added to the Bond applicable only to this Insuring Agreement: |
(FTI-1) | loss resulting directly or indirectly from a fraudulent instruction if the sender, or anyone acting in collusion with the sender, ever had authorized access to such Customers password, PIN or other security code; and |
(FTI-2) | loss resulting directly or indirectly from the fraudulent alteration of an instruction to initiate an automated clearing house (ACH) entry, or group of ACH entries, transmitted as an electronic message, or as an attachment to an electronic message, sent via the Internet, unless: |
© All rights reserved. END 009 |
||||
127417 (11/17) | 2 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM July 31, 2020 forms a part of
Policy number: 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
(i) | each ACH entry was individually verified via the call back procedure without regard to the amount of the entry; or |
(ii) | the instruction was formatted, encoded or encrypted so that any alteration in the ACH entry or group of ACH entries would be apparent to the Insured. |
5. | The Optional Insuring Agreements and Coverages section of Item 3 of the Declarations of this bond is amended by adding the following at the end thereof: |
Limit of Liability |
|
Deductible | ||||
Insuring Agreement (FTI)- FRAUDULENT TRANSFER INSTRUCTIONS | $1,000,000 | $100,000 |
6. | Nothing contained herein shall be held to vary, alter, waive, or extend any of the terms, limitations, conditions or agreements of the attached bond other than as above stated. |
|
AUTHORIZED REPRESENTATIVE |
© All rights reserved. END 009 |
||||
127417 (11/17) | 3 |
ENDORSEMENT# 10
This endorsement, effective 12:01 am July 31, 2020 forms a part of
policy number 01-590-70-26
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by National Union Fire Insurance Company of Pittsburgh, Pa.
NOTICE OF CLAIM
(REPORTING BY E- MAIL)
In consideration of the premium charged, it is hereby understood and agreed as follows:
1. | Email Reporting of Claims: In addition to the postal address set forth for any Notice of Claim Reporting under this policy, such notice may also be given in writing pursuant to the policys other terms and conditions to the Insurer by email at the following email address: |
c- claim@AIG.com
Your email must reference the policy number for this policy. The date of the Insurers receipt of the emailed notice shall constitute the date of notice.
In addition to Notice of Claim Reporting via email, notice may also be given to the Insurer by mailing such notice to: AIG, Financial Lines Claims, P.O. Box 25947, Shawnee Mission, KS 66225 or faxing such notice to (866) 227- 1750.
2. | Definitions: For this endorsement only, the following definitions shall apply: |
(a) | Insurer means the Insurer, Underwriter or Company or other name specifically ascribed in this policy as the insurance company or underwriter for this policy. |
(b) | Notice of Claim Reporting means notice of claim/ circumstance, notice of loss or other reference in the policy designated for reporting of claims, loss or occurrences or situations that may give rise or result in loss under this policy. |
(c) | Policy means the policy, bond or other insurance product to which this endorsement is attached. |
3. | This endorsement does not apply to any Kidnap & Ransom/ Extortion Coverage Section, if any, provided by this policy. |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
|
AUTHORIZED REPRESENTATIVE |
2-14057 |
© All rights reserved. END 010 |
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99758 (8/ 08) |
Page 1 of 1 |
ENDORSEMENT# 11
This endorsement, effective at 12:01 am July 31, 2020 forms a part of
Policy number 01-590-70-26
Issued to: MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
By: National Union Fire Insurance Company of Pittsburgh, Pa.
ECONOMIC SANCTIONS ENDORSEMENT
This endorsement modifies insurance provided under the following:
Coverage shall only be provided and payment of loss under this policy shall only be made in full compliance with enforceable United Nations economic and trade sanctions and the trade and economic sanction laws or regulations of the European Union and the United States of America, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Departments Office of Foreign Assets Control (OFAC).
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
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AUTHORIZED REPRESENTATIVE |
2-14057 |
© All rights reserved. END 011 |
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119679 (9/ 15) |
Page 1 of 1 |
ENDORSEMENT# 12
This endorsement, effective 12:01 am July 31, 2020 forms a part of
policy number 01-590-70-26
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by National Union Fire Insurance Company of Pittsburgh, Pa.
FORMS INDEX ENDORSEMENT
The contents of the Policy is comprised of the following forms:
FORM NUMBER | EDITION DATE |
FORM TITLE | ||
41205 | 04/95 | INVESTMENT COMPANY BLANKET BOND DEC PAGE | ||
41206 | 09/84 | INVESTMENT COMPANY BLANKET BOND GUTS | ||
127071 | 09/17 | NEW YORK PUNITIVE DAMAGES AMENDATORY ENDORSEMENT | ||
83231 | 01/09 | NEW YORK LAW 3420 AMENDATORY ENDORSEMENT | ||
69898 | 09/06 | NEW YORK AMENDATORY - CANCELLATION/NONRENEWAL | ||
101036 | 04/09 | CANCELLATION AMENDATORY (RETURN PRO RATA) | ||
135055 | 12/19 | COMPUTER CRIME COVERAGE RIDER | ||
113022 | 10/12 | INDIRECT OR CONSEQUENTIAL LOSS EXCLUSION | ||
127425 | 11/17 | UNAUTHORIZED SIGNATURES COVERAGE | ||
115906 | 10/13 | PROTECTED INFORMATION EXCLUSION | ||
127417 | 11/17 | FRAUDULENT TRANSFER INSTRUCTIONS | ||
99758 | 08/08 | NOTICE OF CLAIM (REPORTING BY E-MAIL) | ||
119679 | 09/15 | ECONOMIC SANCTIONS ENDORSEMENT | ||
78859 | 10/01 | FORMS INDEX ENDORSEMENT |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
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AUTHORIZED REPRESENTATIVE |
2-14057 |
© All rights reserved. END 012 |
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78859 (10/01) |
Page 1 of 1 |
CLAIM REPORTING FORM
Issuing Company: National Union Fire Insurance Company of Pittsburgh, Pa.
Reported under Policy / Bond Number: 01-590-70-26 Date:
Type of Coverage: D&O E&O Fidelity | (complete the Fidelity Supplemental on the next page) Insureds |
Name, as given on Policy Declarations (Face Page): | ||
MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND | ||
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Contact Person: |
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Title: |
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Phone: | -( ) - Ext |
eMail: | @ |
Case or Claimant Name: |
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If the party involved is different from Insured Name (as given on Policy Declarations) state relationship: |
Insurance Broker / Agent: | MARSH USA INC. |
Address: | 1166 AVENUE OF THE AMERICAS, NEW YORK, NY 10036-3712 |
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Address: |
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Contact: | MICHAEL J. MCCARTHY |
Phone: |
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eMail: | abigail.williams@marsh.com |
Send Notice of Claims to: | AIG | Phone: | (888) 602- 5246 | |||
Financial Lines Claims | Fax: | (866) 227- 1750 | ||||
P.O. Box 25947 | Email: | c- Claim@AIG.com | ||||
Shawnee Mission, KS 66225 |
CLAIM REPORTING FORM
FIDELITY SUPPLEMENTAL
(Only complete this supplemental if the Claim is being reported under Fidelity Coverage)
Issuing Company: National Union Fire Insurance Company of Pittsburgh, Pa.
Reported under Policy/ Bond Number: 01-590-70-26
Date of Discovery: Estimated Amount of loss:
Cause of Loss: | Employee Dishonesty |
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Computer Fraud |
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Funds Transfer |
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Robbery/ Burglary |
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ID Theft |
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Forgery |
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Client Property |
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In Transit |
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ERISA |
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Credit Card Forgery |
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Other |
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if Other, describe: |
Send Notice Of Claims To: | AIG | Phone: | (888) 602-5246 | |||
Financial Lines Claims | Fax: | (866) 227-1750 | ||||
P.O. Box 25947 | Email: | c- Claim@AIG.com | ||||
Shawnee Mission, KS 66225 |
centralized Customer Link and Information Management
The following resolutions were adopted by the Board of Directors of
Macquarie Global Infrastructure Total Return Fund
at their meeting on July 15, 2020
RESOLVED, that the Funds purchase of a fidelity bond with a coverage amount of $1,000,000, be, and hereby is, authorized, provided that the premium is no greater than $10,000; and
FURTHER RESOLVED, that the proper officers of the Fund be, and hereby are, authorized and empowered to pay the total premium for the year payable with respect to such bond; and
FURTHER RESOLVED, that the proper officers of the Fund be, and hereby are, authorized and empowered to take such action as they deem it necessary and appropriate with respect to obtaining additional fidelity bond coverage if they deem it necessary or appropriate pursuant to Rule 17g-1 under the 1940 Act; and
FURTHER RESOLVED, that the Secretary of the Fund be, and hereby is, designated as the officer responsible for making the necessary filings and giving the notices with respect to such bond required by paragraph (g) of Rule 17g-1 under the 1940 Act.
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