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0000930413-09-001827.txt : 20090403
0000930413-09-001827.hdr.sgml : 20090403
20090403132016
ACCESSION NUMBER: 0000930413-09-001827
CONFORMED SUBMISSION TYPE: 40-17G
PUBLIC DOCUMENT COUNT: 3
FILED AS OF DATE: 20090403
DATE AS OF CHANGE: 20090403
EFFECTIVENESS DATE: 20090403
FILER:
COMPANY DATA:
COMPANY CONFORMED NAME: FIRST EAGLE FUNDS
CENTRAL INDEX KEY: 0000906352
IRS NUMBER: 000000000
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1031
FILING VALUES:
FORM TYPE: 40-17G
SEC ACT: 1940 Act
SEC FILE NUMBER: 811-07762
FILM NUMBER: 09731188
BUSINESS ADDRESS:
STREET 1: 1345 AVENUE OF THE AMERICAS
CITY: NEW YORK
STATE: NY
ZIP: 10105
BUSINESS PHONE: 2126322898
MAIL ADDRESS:
STREET 1: 1345 AVENUE OF THE AMERICAS
CITY: NEW YORK
STATE: NY
ZIP: 10105
FORMER COMPANY:
FORMER CONFORMED NAME: FIRST EAGLE FUNDS INC
DATE OF NAME CHANGE: 20030103
FORMER COMPANY:
FORMER CONFORMED NAME: FIRST EAGLE SOGEN FUNDS INC
DATE OF NAME CHANGE: 20000403
FORMER COMPANY:
FORMER CONFORMED NAME: SOGEN FUNDS INC
DATE OF NAME CHANGE: 19930714
FILER:
COMPANY DATA:
COMPANY CONFORMED NAME: FIRST EAGLE OVERSEAS VARIABLE FUND
CENTRAL INDEX KEY: 0001000249
IRS NUMBER: 133905310
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1031
FILING VALUES:
FORM TYPE: 40-17G
SEC ACT: 1940 Act
SEC FILE NUMBER: 811-09092
FILM NUMBER: 09731189
BUSINESS ADDRESS:
STREET 1: 1345 AVENUE OF THE AMERICAS
CITY: NEW YORK
STATE: NY
ZIP: 10020
BUSINESS PHONE: 2126322898
MAIL ADDRESS:
STREET 1: 1345 AVENUE OF THE AMERICAS
CITY: NEW YORK
STATE: NY
ZIP: 101054300
FORMER COMPANY:
FORMER CONFORMED NAME: FIRST EAGLE SOGEN OVERSEAS VARIABLE FUND
DATE OF NAME CHANGE: 20000323
FORMER COMPANY:
FORMER CONFORMED NAME: SOGEN VARIABLE FUNDS INC
DATE OF NAME CHANGE: 19950907
40-17G
1
c57149_40-17g.htm
c57149 40-17g
Exhibit 1
AGREEMENT REGARDING ACQUISITION OF
JOINT MUTUAL FUND LIABILITY INSURANCE
WHEREAS, First Eagle Funds (FEF) is an open-end management investment company registered under the Investment Company Act of 1940, as amended (1940 Act), currently consisting
of four investment series, but which may from time to time consist of more or less such series;
WHEREAS, First Eagle Variable Funds (FEVF) is an open-end management investment company registered under the 1940 Act, currently consisting of one investment series, but which may from
time to time consist of more or less such series;
WHEREAS, FEF and FEVF both desire to maintain mutual fund liability insurance (including any fidelity bond required to be maintained under Rule 17g-1 under the 1940 Act) under a joint policy for such
insurance; and
WHEREAS, the Board of Trustees of each of FEF and FEVF (including, in each case, a majority of the Trustees who are not interested persons of each within the meaning of the 1940 Act) have
(i) determined that the amount and type of the proposed coverage under such joint policy as presented to the Boards is reasonable as to each of FEF and FEVF and (ii) made all other determinations applicable to such joint mutual fund liability
insurance arrangements as are required under the 1940 Act;
NOW THEREFORE, FEF and FEVF hereby agree as follows:
1. Each of FEF and FEVF agree to maintain in effect, and will pay a portion of the premiums for, such joint mutual fund liability insurance policy, which premiums will be allocated pro rata according to the relative premium that
each such entity would pay for separate coverage.
2. In the event recovery is received under the joint mutual fund liability insurance policy as a result of a loss sustained by each of the insured parties, FEF and FEVF each shall receive an equitable and proportionate share of
such recovery (based, unless circumstances equitably dictate otherwise, on their relative net assets as of the date of the loss), provided that, in the case of recovery under any joint fidelity bond required under Rule 17g-1, each shall receive an
amount at least equal to the amount that it would have received had it provided and maintained a single insured bond with the minimum coverage required by that Rule.
3. This Agreement and the rights and duties hereunder shall not be assignable by a party hereto except by the specific written consent of the counterparty to the Agreement.
4. This Agreement may be amended by the parties hereto only if such amendment is specifically approved by the Board of Trustees of each of the parties and such amendment is set forth in a written instrument executed by each of the
parties hereto.
5. This Agreement is effective from the date of the joint mutual fund liability insurance policy (or policies) contemplated hereby.
6. This Agreement may be executed simultaneously in two or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument
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FIRST EAGLE FUNDS
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By:
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/s/ Robert Bruno
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Name: Robert Bruno
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Title: Vice President, Treasurer and Secretary
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Witness: |
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/s/ Suzan Afifi
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Name: Suzan Afifi
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Title: Vice President and Assistant Secretary
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FIRST EAGLE VARIABLE FUNDS
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By:
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/s/ Robert Bruno
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Name: Robert Bruno
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Title: Vice President, Treasurer and Secretary
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Witness:
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/s/ Suzan Afifi
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Name: Suzan Afifi
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Title: Vice President and Assistant Secretary
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Dated: April 30, 2004
Exhibit 2
FIRST EAGLE FUNDS
FIRST EAGLE VARIABLE FUNDS
Secretarys Certificate
I, Suzan J. Afifi, Secretary of First Eagle Funds and First Eagle Variable Funds (the Funds) do hereby certify that the following resolutions are a true copy of the resolutions duly adopted by the Board of
Trustees of the Funds at a meeting of the Board of Trustees on March 10, 2009, and that such resolutions have not been amended, modified or rescinded and remain in full force and effect:
First Eagle Funds and First Eagle Variable Funds
RESOLVED, that giving due consideration to the value of the aggregate assets of the Funds, the access to such assets, the type and terms of the arrangements made for the custody and safekeeping of such assets, and the
nature of the securities in the Funds portfolios, the coverage against larceny and embezzlement provided under the fidelity bond described to this Board is deemed by this Board to be adequate as to type and amount for the Funds.
FURTHER RESOLVED, that the officers of the Funds have been authorized to obtain such a fidelity bond for the Funds with a limitation of liability in the amount of $3,250,000 for a one-year pre-paid premium of $9,750
through March 31, 2010 from March 31, 2009, such premium to be allocated among the covered Funds on the basis of their relative net assets.
FURTHER RESOLVED, that the proper officers of the Funds have been authorized to increase the limitation of liability under such fidelity bond as they deem necessary, appropriate or advisable to respond to increased asset
size.
FURTHER RESOLVED, that such bond is not to be canceled, terminated or modified except upon sixty (60) days written notice to both the affected party and the Securities Exchange Commission.
FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Funds is hereby designated as the officer who shall make the filings and give notices required by Paragraph (g) of Rule 17g-1 of the Investment Company Act
of 1940 concerning the Funds fidelity bond.
IN WITNESS WHEREOF, I have hereunto signed by name. Dated: April 1, 2009
/s/ Suzan Afifi
Exhibit 3
FIRST EAGLE FUNDS
Had the First Eagle Funds maintained a single insured bond instead of the joint bond filed by the First Eagle Funds with the Commission as of the date hereof, such single insured bond would have been required to be in the
amount of at least $2,500,000.
FIRST EAGLE VARIABLE FUNDS
Had the First Eagle Variable Funds maintained a single insured bond instead of the joint bond filed by the First Eagle Variable Funds with the Commission as of the date hereof, such single insured bond would have been
required to be in the amount of at least $750,000.
STATEMENT OF PREMIUMS PAID PURSUANT TO RULE 17g-1(g)(1)(ii)(d)
Premiums have been paid for the period from March 31, 2009 to March 31, 2010.
Exhibit 4
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Chubb Group of
Insurance Companies |
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DECLARATIONS
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FINANCIAL INSTITUTION
INVESTMENT |
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15 Mountain View Road,
Warren, New Jersey 07059 |
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COMPANY ASSET PROTECTION
BOND |
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NAME OF ASSURED (including
its Subsidiaries): |
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Bond Number:
81804170 |
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FIRST EAGLE FUNDS/FIRST
EAGLE VARIABLE FUNDS |
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VIGILANT INSURANCE
COMPANY |
1345 AVENUE OF THE
AMERICAS |
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Incorporated under the laws
of New York |
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a stock insurance company
herein called the COMPANY |
NEW YORK, NY
10105 |
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55 Water Street, New York
NY 10041-2899 |
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ITEM
1. |
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BOND PERIOD:
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from |
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12:01 a.m. on
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March 31, 2009
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to |
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12:01 a.m. on
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March 31, 2010
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ITEM
2. |
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LIMITS OF
LIABILITY--DEDUCTIBLE AMOUNTS: |
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If Not Covered is
inserted below opposite any specified INSURING CLAUSE, such INSURING
CLAUSE |
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and any other reference
shall be deemed to be deleted. There shall be no
deductible applicable to any |
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loss under INSURING
CLAUSE 1. sustained by any Investment Company. |
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DEDUCTIBLE
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INSURING
CLAUSE |
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LIMIT OF
LIABILITY |
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AMOUNT
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1. |
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Employee |
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$ 3,250,000.
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$ 25,000.
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2. |
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On Premises
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$ 3,250,000.
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$ 25,000.
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3. |
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In Transit |
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$ 3,250,000.
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$ 25,000.
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4. |
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Forgery or
Alteration |
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$ 3,250,000.
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$ 25,000.
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5. |
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Extended
Forgery |
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$ 3,250,000.
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$ 25,000.
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6. |
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Counterfeit
Money |
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$ 3,250,000.
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$ 25,000.
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7. |
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Threats to
Person |
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$ Not Covered
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$ None |
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8. |
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Computer
System |
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$ 3,250,000.
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$ 25,000.
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9. |
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Voice Initiated Funds
Transfer Instruction |
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$ 3,250,000.
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$ 25,000.
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10. |
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Uncollectible Items of
Deposit |
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$ 100,000. |
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$ 5,000.
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11. |
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Audit Expense
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$ 100,000. |
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$ 5,000.
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12. |
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Telefacsimile
Instructions |
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$ 3,250,000.
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$ 25,000.
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ITEM
3. |
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THE LIABILITY OF THE
COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING |
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ENDORSEMENTS EXECUTED
SIMULTANEOUSLY HEREWITH: |
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Endorsement Nos. 1 -
6 |
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IN WITNESS WHEREOF,
THE COMPANY has caused this Bond to be signed by its authorized officers, but
it shall not |
be valid unless also signed
by an authorized representative of the Company. |
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ICAP Bond (5-98) -
Vigilant |
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Form 17-02-1422 (Ed.
5-98) |
Page 1 of 1
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The COMPANY, in
consideration of payment of the required premium, and in
reliance |
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on the APPLICATION and all
other statements made and information furnished to the |
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COMPANY by the ASSURED, and
subject to the DECLARATIONS made a part of this |
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Bond and to all other terms
and conditions of this Bond, agrees to pay the ASSURED |
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for: |
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Insuring
Clauses |
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Employee |
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1. |
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Loss resulting directly
from Larceny or Embezzlement committed by
any |
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Employee, alone or in collusion with others. |
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On
Premises |
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2. |
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Loss of Property
resulting
directly from robbery, burglary, false pretenses, |
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common law or statutory
larceny, misplacement, mysterious unexplainable |
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disappearance, damage,
destruction or removal, from the possession, custody or
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control of the ASSURED,
while such Property is lodged or deposited at premises |
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located
anywhere. |
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In
Transit |
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3. |
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Loss of Property
resulting
directly from common law or statutory larceny, |
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misplacement, mysterious
unexplainable disappearance, damage or destruction, |
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while the Property
is in
transit anywhere: |
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a. |
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in an armored motor
vehicle, including loading and unloading thereof, |
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b. |
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in the custody of a natural
person acting as a messenger of the ASSURED, |
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or |
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c. |
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in the custody of a
Transportation Company and being transported in
a |
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conveyance other than an
armored motor vehicle provided, however, that |
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covered Property
transported in such manner is limited to the
following: |
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(1) |
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written
records, |
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(2) |
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securities issued in
registered form, which are not endorsed or are |
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restrictively endorsed,
or |
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(3) |
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negotiable instruments not
payable to bearer, which are not endorsed |
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or are restrictively
endorsed. |
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Coverage under this
INSURING CLAUSE begins immediately on the receipt of |
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such Property
by the
natural person or Transportation Company
and
ends |
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immediately on delivery to
the premises of the addressee or to any representative |
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of the addressee located
anywhere. |
ICAP Bond
(5-98) |
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Form 17-02-1421 (Ed.
5-98) |
Page 1 of 19
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Insuring
Clauses |
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(continued) |
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Forgery Or
Alteration |
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4. |
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Loss resulting directly
from: |
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a. |
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Forgery
on, or
fraudulent material alteration of, any bills of exchange,
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checks, drafts,
acceptances, certificates of deposits, promissory notes, due
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bills, money orders, orders
upon public treasuries, letters of credit, other |
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written promises, orders or
directions to pay sums certain in money, or |
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receipts for the withdrawal
of Property, or |
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b. |
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transferring, paying or
delivering any funds or other Property, or establishing |
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any credit or giving any
value in reliance on any written instructions, advices |
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or applications directed to
the ASSURED authorizing or acknowledging the |
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transfer, payment, delivery
or receipt of funds or other Property, which |
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instructions, advices or
applications fraudulently purport to bear the |
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handwritten signature of
any customer of the ASSURED, or shareholder or |
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subscriber to shares of an
Investment Company, or of any
financial |
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institution or
Employee but which instructions, advices or applications either
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bear a Forgery
or have
been fraudulently materially altered without the |
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knowledge and consent of
such customer, shareholder, subscriber, financial |
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institution or
Employee; |
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excluding, however, under
this INSURING CLAUSE any loss covered under |
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INSURING CLAUSE 5. of this
Bond, whether or not coverage for INSURING |
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CLAUSE 5. is provided for
in the DECLARATIONS of this Bond. |
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For the purpose of this
INSURING CLAUSE, a mechanically reproduced facsimile |
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signature is treated the
same as a handwritten signature. |
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Extended
Forgery |
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5. |
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Loss resulting directly
from the ASSURED having, in good faith, and in the |
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ordinary course of
business, for its own account or the account of others in any
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capacity: |
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a. |
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acquired, accepted or
received, accepted or received, sold or delivered, or |
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given value, extended
credit or assumed liability, in reliance on any original
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Securities, documents
or other written instruments which prove
to: |
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(1) |
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bear a Forgery
or a
fraudulently material alteration, |
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(2) |
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have been lost or stolen,
or |
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(3) |
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be Counterfeit, or |
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b. |
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guaranteed in writing or
witnessed any signatures on any transfer, |
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assignment, bill of sale,
power of attorney, guarantee, endorsement or other |
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obligation upon or in
connection with any Securities, documents
or other |
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written
instruments. |
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Actual physical possession,
and continued actual physical possession if taken as |
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collateral, of such
Securities, documents or other written instruments by an |
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Employee,
Custodian,
or a Federal or State chartered deposit institution of the
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ASSURED is a condition
precedent to the ASSURED having relied on such items. |
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Release or return of such
collateral is an acknowledgment by the ASSURED that it |
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no longer relies on such
collateral. |
ICAP Bond
(5-98) |
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Form 17-02-1421 (Ed.
5-98) |
Page 2 of 19
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Insuring
Clauses |
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Extended
Forgery |
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For the purpose of this
INSURING CLAUSE, a mechanically reproduced facsimile |
(continued) |
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signature is treated the
same as a handwritten signature. |
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Counterfeit
Money |
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6. |
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Loss resulting directly
from the receipt by the ASSURED in good faith of any |
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Counterfeit
money. |
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Threats To
Person |
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7. |
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Loss resulting directly
from surrender of Property
away from
an office of the |
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ASSURED as a result of a
threat communicated to the ASSURED to do bodily |
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harm to an Employee
as defined
in Section 1.e. (1), (2) and (5), a Relative
or |
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invitee of such
Employee, or a resident of the household of such Employee, who |
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is, or allegedly is, being
held captive provided, however, that prior to the surrender
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of such Property: |
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a. |
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the Employee
who
receives the threat has made a reasonable effort to |
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notify an officer of the
ASSURED who is not involved in such threat, and |
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b. |
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the ASSURED has made a
reasonable effort to notify the Federal Bureau of |
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Investigation and local law
enforcement authorities concerning such threat. |
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It is agreed that for
purposes of this INSURING CLAUSE, any Employee
of
the |
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ASSURED, as set forth in
the preceding paragraph, shall be deemed to be an |
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ASSURED hereunder, but only
with respect to the surrender of money, securities |
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and other tangible personal
property in which such Employee
has a
legal or |
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equitable
interest. |
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Computer
System |
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8. |
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Loss resulting directly
from fraudulent: |
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a. |
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entries of data into,
or |
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b. |
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changes of data elements or
programs within, |
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a Computer
System,
provided the fraudulent entry or change causes: |
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(1) |
|
funds or other property to
be transferred, paid or delivered, |
|
|
|
|
|
|
|
(2) |
|
an account of the ASSURED
or of its customer to be added, deleted, |
|
|
|
|
|
|
|
|
debited or credited,
or |
|
|
|
|
|
|
|
(3) |
|
an unauthorized account or
a fictitious account to be debited or |
|
|
|
|
|
|
|
|
credited.
|
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 3 of 19
|
Insuring
Clauses |
|
|
|
|
|
|
(continued) |
|
|
|
|
|
|
|
|
Voice Initiated
Funds |
|
9. |
|
Loss resulting directly
from Voice Initiated Funds Transfer Instruction directed
|
Transfer
Instruction |
|
|
|
to the ASSURED authorizing
the transfer of dividends or redemption proceeds of |
|
|
|
|
Investment Company
shares
from a Customer's account, provided such Voice
|
|
|
|
|
Initiated Funds
Transfer Instruction was: |
|
|
|
|
|
a. |
|
received at the ASSURED'S
offices by those Employees
of the
ASSURED |
|
|
|
|
|
|
specifically authorized to
receive the Voice Initiated Funds Transfer |
|
|
|
|
|
|
Instruction, |
|
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|
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|
b. |
|
made by a person purporting
to be a Customer, and |
|
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|
|
|
c. |
|
made by said person for the
purpose of causing the ASSURED or Customer |
|
|
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|
|
|
to sustain a loss or making
an improper personal financial gain for such |
|
|
|
|
|
|
person or any other
person. |
|
|
|
|
|
In order for coverage to
apply under this INSURING CLAUSE, all Voice
Initiated |
|
|
|
|
Funds Transfer
Instructions must be received and processed in accordance with
|
|
|
|
|
the Designated Procedures
outlined in the APPLICATION furnished to the |
|
|
|
|
COMPANY.
|
|
|
Uncollectible Items
of |
|
10. |
|
Loss resulting directly
from the ASSURED having credited an account of a |
Deposit |
|
|
|
customer, shareholder or
subscriber on the faith of any Items of Deposit
which |
|
|
|
|
prove to be uncollectible,
provided that the crediting of such account causes: |
|
|
|
|
|
a. |
|
redemptions or withdrawals
to be permitted, |
|
|
|
|
|
b. |
|
shares to be issued,
or |
|
|
|
|
|
c. |
|
dividends to be
paid, |
|
|
|
|
|
from an account of an
Investment Company. |
|
|
|
|
|
In order for coverage to
apply under this INSURING CLAUSE, the ASSURED |
|
|
|
|
must hold Items of Deposit
for the
minimum number of days stated in the |
|
|
|
|
APPLICATION before
permitting any redemptions or withdrawals, issuing any |
|
|
|
|
shares or paying any
dividends with respect to such Items of
Deposit. |
|
|
|
|
|
Items of Deposit
shall not
be deemed uncollectible until the ASSURED'S |
|
|
|
|
standard collection
procedures have failed. |
|
|
Audit
Expense |
|
11. |
|
Expense incurred by the
ASSURED for that part of the cost of audits or |
|
|
|
|
examinations required by
any governmental regulatory authority or self-regulatory
|
|
|
|
|
organization to be
conducted by such authority, organization or their appointee
by |
|
|
|
|
reason of the discovery of
loss sustained by the ASSURED and covered by this |
|
|
|
|
Bond.
|
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 4 of 19
|
General
Agreements |
|
|
|
|
|
|
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|
Additional
Companies |
|
A. |
|
If more than one
corporation, or Investment
Company,
or any combination of |
Included As
Assured |
|
|
|
them is included as the
ASSURED herein: |
|
|
|
|
(1) |
|
The total liability of the
COMPANY under this Bond for loss or losses |
|
|
|
|
|
|
sustained by any one or
more or all of them shall not exceed the limit for |
|
|
|
|
|
|
which the COMPANY would be
liable under this Bond if all such loss were |
|
|
|
|
|
|
sustained by any one of
them. |
|
|
|
|
|
(2) |
|
Only the first named
ASSURED shall be deemed to be the sole agent of the |
|
|
|
|
|
|
others for all purposes
under this Bond, including but not limited to the giving
|
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|
|
|
|
or receiving of any notice
or proof required to be given and for the purpose of |
|
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|
|
|
|
effecting or accepting any
amendments to or termination of this Bond. The |
|
|
|
|
|
|
COMPANY shall furnish each
Investment Company with a copy of
the |
|
|
|
|
|
|
Bond and with any amendment
thereto, together with a copy of each formal |
|
|
|
|
|
|
filing of claim by any
other named ASSURED and notification of the terms of |
|
|
|
|
|
|
the settlement of each such
claim prior to the execution of such settlement. |
|
|
|
|
|
(3) |
|
The COMPANY shall not be
responsible for the proper application of any |
|
|
|
|
|
|
payment made hereunder to
the first named ASSURED. |
|
|
|
|
|
(4) |
|
Knowledge possessed or
discovery made by any partner, director, trustee, |
|
|
|
|
|
|
officer or supervisory
employee of any ASSURED shall constitute knowledge |
|
|
|
|
|
|
or discovery by all the
ASSUREDS for the purposes of this Bond. |
|
|
|
|
|
(5) |
|
If the first named ASSURED
ceases for any reason to be covered under this |
|
|
|
|
|
|
Bond, then the ASSURED next
named on the APPLICATION shall thereafter |
|
|
|
|
|
|
be considered as the first
named ASSURED for the purposes of this Bond. |
|
|
Representation Made
By |
|
B. |
|
The ASSURED represents that
all information it has furnished in the |
Assured |
|
|
|
APPLICATION for this Bond
or otherwise is complete, true and correct. Such |
|
|
|
|
APPLICATION and other
information constitute part of this Bond. |
|
|
|
|
|
The ASSURED must promptly
notify the COMPANY of any change in any fact or |
|
|
|
|
circumstance which
materially affects the risk assumed by the COMPANY under
|
|
|
|
|
this Bond.
|
|
|
|
|
|
Any intentional
misrepresentation, omission, concealment or incorrect statement
of |
|
|
|
|
a material fact, in the
APPLICATION or otherwise, shall be grounds for recision of
|
|
|
|
|
this Bond.
|
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 5 of 19
|
General
Agreements |
|
|
|
|
|
|
(continued) |
|
|
|
|
|
|
|
Additional Offices
Or |
|
C. |
|
If the ASSURED, other than
an Investment Company, while this Bond is in
force, |
Employees -
Consolidation, |
|
|
|
merges or consolidates
with, or purchases or acquires assets or liabilities of
|
Merger Or Purchase
Or |
|
|
|
another institution, the
ASSURED shall not have the coverage afforded under this
|
Acquisition Of
Assets Or |
|
|
|
Bond for loss which
has: |
Liabilities - Notice
To |
|
|
|
(1) |
|
occurred or will occur on
premises, or |
Company |
|
|
|
|
|
|
|
|
|
|
(2) |
|
been caused or will be
caused by an employee, or |
|
|
|
|
(3) |
|
arisen or will arise out of
the assets or liabilities, |
|
|
|
|
of such institution, unless
the ASSURED: |
|
|
|
|
a. |
|
gives the COMPANY written
notice of the proposed consolidation, merger or |
|
|
|
|
|
|
purchase or acquisition of
assets or liabilities prior to the proposed effective |
|
|
|
|
|
|
date of such action,
and |
|
|
|
|
b. |
|
obtains the written consent
of the COMPANY to extend some or all of the |
|
|
|
|
|
|
coverage provided by this
Bond to such additional exposure, and |
|
|
|
|
c. |
|
on obtaining such consent,
pays to the COMPANY an additional premium. |
|
|
Change Of Control
- |
|
D. |
|
When the ASSURED learns of
a change in control (other than in an Investment |
Notice To
Company |
|
|
|
Company), as set forth in Section 2(a) (9) of the Investment Company Act
of |
|
|
|
|
1940, |
|
the ASSURED shall within
sixty (60) days give written notice to the |
|
|
|
|
COMPANY setting
forth: |
|
|
|
|
(1) |
|
the names of the
transferors and transferees (or the names of the beneficial
|
|
|
|
|
|
|
owners if the voting
securities are registered in another name), |
|
|
|
|
(2) |
|
the total number of voting
securities owned by the transferors and the |
|
|
|
|
|
|
transferees (or the
beneficial owners), both immediately before and after the
|
|
|
|
|
|
|
transfer, and
|
|
|
|
|
(3) |
|
the total number of
outstanding voting securities. |
|
|
|
|
Failure to give the
required notice shall result in termination of coverage for
any |
|
|
|
|
loss involving a
transferee, to be effective on the date of such change in
control. |
|
|
Court Costs
And |
|
E. |
|
The COMPANY will indemnify
the ASSURED for court costs and reasonable |
Attorneys
Fees |
|
|
|
attorneys' fees incurred
and paid by the ASSURED in defense, whether or not |
|
|
|
|
successful, whether or not
fully litigated on the merits and whether or not settled,
|
|
|
|
|
of any claim, suit or legal
proceeding with respect to which the ASSURED would |
|
|
|
|
be entitled to recovery
under this Bond. However, with respect to INSURING |
|
|
|
|
CLAUSE 1., this Section
shall only apply in the event that: |
|
|
|
|
(1) |
|
an Employee
admits to
being guilty of Larceny or
Embezzlement, |
|
|
|
|
(2) |
|
an Employee
is
adjudicated to be guilty of Larceny or
Embezzlement, or |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 6 of 19
|
General
Agreements |
|
|
|
|
|
|
Court Costs
And |
|
(3) |
|
in the absence of 1 or 2
above, an arbitration panel agrees, after a review of |
Attorneys
Fees |
|
|
|
an agreed statement of
facts between the COMPANY and the ASSURED, |
(continued) |
|
|
|
that an Employee
would be
found guilty of Larceny or
Embezzlement if |
|
|
|
|
such Employee
were
prosecuted. |
|
|
|
The ASSURED shall promptly
give notice to the COMPANY of any such suit or |
|
|
legal proceeding and at the
request of the COMPANY shall furnish copies of all |
|
|
pleadings and pertinent
papers to the COMPANY. The COMPANY may, at its |
|
|
sole option, elect to
conduct the defense of all or part of such legal proceeding.
|
|
|
The defense by the COMPANY
shall be in the name of the ASSURED through |
|
|
attorneys selected by the
COMPANY. The ASSURED shall provide all reasonable |
|
|
information and assistance
as required by the COMPANY for such defense. |
|
|
|
If the COMPANY declines to
defend the ASSURED, no settlement without the |
|
|
prior written consent of
the COMPANY nor judgment against the ASSURED shall |
|
|
determine the existence,
extent or amount of coverage under this Bond. |
|
|
|
If the amount demanded in
any such suit or legal proceeding is within the |
|
|
DEDUCTIBLE AMOUNT, if any,
the COMPANY shall have no liability for court |
|
|
costs and attorney's fees
incurred in defending all or part of such suit or legal
|
|
|
proceeding.
|
|
|
|
If the amount demanded in
any such suit or legal proceeding is in excess of the |
|
|
LIMIT OF LIABILITY stated
in ITEM 2. of the DECLARATIONS for the applicable |
|
|
INSURING CLAUSE, the
COMPANY'S liability for court costs and attorney's fees
|
|
|
incurred in defending all
or part of such suit or legal proceedings is limited to the
|
|
|
proportion of such court
costs and attorney's fees incurred that the LIMIT OF |
|
|
LIABILITY stated in ITEM 2.
of the DECLARATIONS for the applicable INSURING |
|
|
CLAUSE bears to the total
of the amount demanded in such suit or legal |
|
|
proceeding.
|
|
|
|
If the amount demanded is
any such suit or legal proceeding is in excess of the |
|
|
DEDUCTIBLE AMOUNT, if any,
but within the LIMIT OF LIABILITY stated in ITEM |
|
|
2. |
|
of the DECLARATIONS for the
applicable INSURING CLAUSE, the |
|
|
COMPANY'S liability for
court costs and attorney's fees incurred in defending all or
|
|
|
part of such suit or legal
proceedings shall be limited to the proportion of such |
|
|
court costs or attorney's
fees that the amount demanded that would be payable |
|
|
under this Bond after
application of the DEDUCTIBLE AMOUNT, bears to the total
|
|
|
amount
demanded. |
|
|
|
Amounts paid by the COMPANY
for court costs and attorneys' fees shall be in |
|
|
addition to the LIMIT OF
LIABILITY stated in ITEM 2. of the DECLARATIONS.
|
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 7 of 19
|
Conditions
And |
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
|
|
Definitions |
|
1. |
|
As used in this
Bond: |
|
|
|
|
a. |
|
Computer System
means a
computer and all input, output, processing, |
|
|
|
|
|
|
storage, off-line media
libraries, and communication facilities which are |
|
|
|
|
|
|
connected to the computer
and which are under the control and supervision |
|
|
|
|
|
|
of the operating system(s)
or application(s) software used by the ASSURED. |
|
|
|
|
|
b. |
|
Counterfeit
means an
imitation of an actual valid original which is intended
|
|
|
|
|
|
|
to deceive and be taken as
the original. |
|
|
|
|
|
c. |
|
Custodian
means the
institution designated by an Investment Company
to |
|
|
|
|
|
|
maintain possession and
control of its assets. |
|
|
|
|
|
d. |
|
Customer
means an
individual, corporate, partnership, trust customer, |
|
|
|
|
|
|
shareholder or subscriber
of an Investment Company which has a
written |
|
|
|
|
|
|
agreement with the ASSURED
for Voice Initiated Funds Transfer |
|
|
|
|
|
|
Instruction. |
|
|
|
|
|
e. |
|
Employee
means: |
|
|
|
|
|
|
|
(1) |
|
an officer of the
ASSURED, |
|
|
|
|
|
|
|
(2) |
|
a natural person while in
the regular service of the ASSURED at any of |
|
|
|
|
|
|
|
|
the ASSURED'S premises and
compensated directly by the ASSURED |
|
|
|
|
|
|
|
|
through its payroll system
and subject to the United States Internal |
|
|
|
|
|
|
|
|
Revenue Service Form W-2 or
equivalent income reporting plans of |
|
|
|
|
|
|
|
|
other countries, and whom
the ASSURED has the right to control and |
|
|
|
|
|
|
|
|
direct both as to the
result to be accomplished and details and means |
|
|
|
|
|
|
|
|
by which such result is
accomplished in the performance of such |
|
|
|
|
|
|
|
|
service,
|
|
|
|
|
|
|
|
(3) |
|
a guest student pursuing
studies or performing duties in any of the |
|
|
|
|
|
|
|
|
ASSURED'S
premises, |
|
|
|
|
|
|
|
(4) |
|
an attorney retained by the
ASSURED and an employee of such |
|
|
|
|
|
|
|
|
attorney while either is
performing legal services for the ASSURED, |
|
|
|
|
|
|
|
(5) |
|
a natural person provided
by an employment contractor to perform |
|
|
|
|
|
|
|
|
employee duties for the
ASSURED under the ASSURED'S supervision |
|
|
|
|
|
|
|
|
at any of the ASSURED'S
premises, |
|
|
|
|
|
|
|
(6) |
|
an employee of an
institution merged or consolidated with the |
|
|
|
|
|
|
|
|
ASSURED prior to the
effective date of this Bond, |
|
|
|
|
|
|
|
(7) |
|
a director or trustee of
the ASSURED, but only while performing acts |
|
|
|
|
|
|
|
|
within the scope of the
customary and usual duties of any officer or |
|
|
|
|
|
|
|
|
other employee of the
ASSURED or while acting as a member of any |
|
|
|
|
|
|
|
|
committee duly elected or
appointed to examine or audit or have |
|
|
|
|
|
|
|
|
custody of or access to
Property of the ASSURED, or |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 8 of 19
|
Conditions
And |
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
Definitions |
|
(8) |
|
each natural person,
partnership or corporation authorized by written |
(continued) |
|
|
|
agreement with the ASSURED
to perform services as electronic data |
|
|
|
|
processor of checks or
other accounting records related to such checks but |
|
|
|
|
only while such person,
partnership or corporation is actually performing |
|
|
|
|
such services and
not: |
|
|
|
|
|
a. |
|
creating, preparing,
modifying or maintaining the ASSURED'S |
|
|
|
|
|
|
computer software or
programs, or |
|
|
|
|
|
b. |
|
acting as transfer agent or
in any other agency capacity in issuing |
|
|
|
|
|
|
checks, drafts or
securities for the ASSURED, |
|
|
|
(9) |
|
any partner, officer or
employee of an investment advisor, an underwriter |
|
|
|
|
(distributor), a transfer
agent or shareholder accounting recordkeeper, or an |
|
|
|
|
administrator, for an
Investment Company while performing acts
coming |
|
|
|
|
within the scope of the
customary and usual duties of an officer or employee |
|
|
|
|
of an Investment Company
or acting
as a member of any committee duly |
|
|
|
|
elected or appointed to
examine, audit or have custody of or access to |
|
|
|
|
Property
of
an
Investment Company. |
|
|
|
|
|
The term Employee
shall not
include any partner, officer or employee of a |
|
|
|
|
transfer agent, shareholder
accounting recordkeeper or administrator: |
|
|
|
|
|
a. |
|
which is not an "affiliated
person" (as defined in Section 2(a) of the |
|
|
|
|
|
|
Investment Company Act of
1940) of an Investment Company or of |
|
|
|
|
|
|
the investment advisor or
underwriter (distributor) of such Investment |
|
|
|
|
|
|
Company, or |
|
|
|
|
|
b. |
|
which is a "bank" (as
defined in Section 2(a) of the Investment |
|
|
|
|
|
|
Company Act of
1940). |
|
|
|
|
|
|
|
This Bond does not afford
coverage in favor of the employers of |
|
|
|
|
|
|
persons as set forth in e.
(4), (5) and (8) above, and upon payment to |
|
|
|
|
|
|
the ASSURED by the COMPANY
resulting directly from Larceny
or |
|
|
|
|
|
|
Embezzlement
committed
by any of the partners, officers or |
|
|
|
|
|
|
employees of such
employers, whether acting alone or in collusion with |
|
|
|
|
|
|
others, an assignment of
such of the ASSURED'S rights and causes of |
|
|
|
|
|
|
action as it may have
against such employers by reason of such acts |
|
|
|
|
|
|
so committed shall, to the
extent of such payment, be given by the |
|
|
|
|
|
|
ASSURED to the COMPANY, and
the ASSURED shall execute all |
|
|
|
|
|
|
papers necessary to secure
to the COMPANY the rights provided for |
|
|
|
|
|
|
herein. |
|
|
|
|
|
Each employer of persons as
set forth in e.(4), (5) and (8) above and the |
|
|
|
|
partners, officers and
other employees of such employers shall collectively |
|
|
|
|
be deemed to be one person
for all the purposes of this Bond; excepting, |
|
|
|
|
however, the fifth
paragraph of Section 13. |
|
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|
|
Independent contractors not
specified in e.(4), (5) or (8) above, |
|
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|
|
intermediaries, agents,
brokers or other representatives of the same general |
|
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|
|
character shall not be
considered Employees. |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 9 of 19
|
Conditions
And |
|
|
|
|
Limitations
|
|
|
|
|
|
|
Definitions |
|
f. |
|
Forgery
means the
signing of the name of another natural person with the |
(continued) |
|
|
|
intent to deceive but does
not mean a signature which consists in whole or in |
|
|
|
|
part of one's own name,
with or without authority, in any capacity for any |
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|
|
purpose.
|
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|
|
g. |
|
Investment Company
means any
investment company registered under the |
|
|
|
|
Investment Company Act of
1940 and listed under the NAME OF ASSURED |
|
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|
on the
DECLARATIONS. |
|
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|
h. |
|
Items of Deposit
means one
or more checks or drafts drawn upon a |
|
|
|
|
financial institution in
the United States of America. |
|
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|
i. |
|
Larceny or
Embezzlement means larceny or embezzlement as defined in |
|
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|
Section 37 of the
Investment Company Act of 1940. |
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|
j. |
|
Property
means
money, revenue and other stamps; securities; including any
|
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|
note, stock, treasury
stock, bond, debenture, evidence of indebtedness, |
|
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|
certificate of deposit,
certificate of interest or participation in any profit-
|
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|
|
sharing agreement,
collateral trust certificate, preorganization certificate or
|
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|
|
subscription, transferable
share, investment contract, voting trust certificate, |
|
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|
certificate of deposit for
a security, fractional undivided interest in oil, gas, or
|
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|
other mineral rights, any
interest or instruments commonly known as a |
|
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|
security under the
Investment Company Act of 1940, any other certificate of
|
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|
|
interest or participation
in, temporary or interim certificate for, receipt for, |
|
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|
guarantee of, or warrant or
right to subscribe to or purchase any of the |
|
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|
|
foregoing; bills of
exchange; acceptances; checks; withdrawal orders; money
|
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|
|
orders; travelers' letters
of credit; bills of lading; abstracts of title; insurance
|
|
|
|
|
policies, deeds, mortgages
on real estate and/or upon chattels and interests |
|
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|
|
therein; assignments of
such policies, deeds or mortgages; other valuable |
|
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|
|
papers, including books of
accounts and other records used by the |
|
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|
ASSURED in the conduct of
its business (but excluding all electronic data |
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|
|
processing records); and,
all other instruments similar to or in the nature of |
|
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|
the foregoing in which the
ASSURED acquired an interest at the time of the |
|
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|
|
ASSURED'S consolidation or
merger with, or purchase of the principal |
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|
assets of, a predecessor or
which are held by the ASSURED for any |
|
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|
|
purpose or in any capacity
and whether so held gratuitously or not and |
|
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|
whether or not the ASSURED
is liable therefor. |
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|
k. |
|
Relative
means the
spouse of an Employee or partner of the ASSURED |
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|
and any unmarried child
supported wholly by, or living in the home of, such |
|
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|
Employee
or partner
and being related to them by blood, marriage or legal |
|
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|
guardianship.
|
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|
l. |
|
Securities, documents
or other written instruments means original
|
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|
(including original
counterparts) negotiable or non-negotiable instruments, or
|
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|
assignments thereof, which
in and of themselves represent an equitable |
|
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|
interest, ownership, or
debt and which are in the ordinary course of business |
|
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|
transferable by delivery of
such instruments with any necessary |
|
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|
|
endorsements or
assignments. |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 10 of 19
|
Conditions
And |
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
Definitions |
|
|
|
m. |
|
Subsidiary
means any
organization that, at the inception date of this Bond, |
(continued) |
|
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|
|
is named in the APPLICATION
or is created during the BOND PERIOD and |
|
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|
of which more than fifty
percent (50%) of the outstanding securities or voting |
|
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|
rights representing the
present right to vote for election of directors is owned
|
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|
or controlled by the
ASSURED either directly or through one or more of its |
|
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|
subsidiaries.
|
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|
n. |
|
Transportation Company
means any
organization which provides its own |
|
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|
or its leased vehicles for
transportation or which provides freight forwarding |
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|
or air express
services. |
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o. |
|
Voice Initiated
Election means any election concerning dividend options |
|
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|
|
available to
Investment Company shareholders or subscribers
which is |
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|
requested by voice over the
telephone. |
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|
p. |
|
Voice Initiated
Redemption means any redemption of shares issued by an |
|
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|
|
Investment Company
which is
requested by voice over the telephone. |
|
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|
q. |
|
Voice Initiated Funds
Transfer Instruction means any Voice
Initiated |
|
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|
|
Redemption
or
Voice
Initiated Election. |
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|
For the purposes of these
definitions, the singular includes the plural and the |
|
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|
plural includes the
singular, unless otherwise indicated. |
|
|
General Exclusions
- |
|
2. |
|
This bond does not
directly or indirectly cover: |
Applicable to All
Insuring |
|
|
|
a. |
|
loss not reported to the
COMPANY in writing within sixty (60) days after |
Clauses |
|
|
|
|
|
termination of this Bond as
an entirety; |
|
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|
|
|
b. |
|
loss due to riot or civil
commotion outside the United States of America and |
|
|
|
|
|
|
Canada, or any loss due to
military, naval or usurped power, war or |
|
|
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|
|
|
insurrection. This Section
2.b., however, shall not apply to loss which occurs |
|
|
|
|
|
|
in transit in the
circumstances recited in INSURING CLAUSE 3., provided |
|
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|
|
that when such transit was
initiated there was no knowledge on the part of |
|
|
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|
|
|
any person acting for the
ASSURED of such riot, civil commotion, military, |
|
|
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|
|
naval or usurped power, war
or insurrection; |
|
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|
|
c. |
|
loss resulting from the
effects of nuclear fission or fusion or radioactivity; |
|
|
|
|
|
d. |
|
loss of potential income
including, but not limited to, interest and dividends |
|
|
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|
|
|
not realized by the ASSURED
or by any customer of the ASSURED; |
|
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|
e. |
|
damages of any type for
which the ASSURED is legally liable, except |
|
|
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|
|
compensatory damages, but
not multiples thereof, arising from a loss |
|
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|
|
covered under this
Bond; |
|
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|
|
f. |
|
costs, fees and expenses
incurred by the ASSURED in establishing the |
|
|
|
|
|
|
existence of or amount of
loss under this Bond, except to the extent covered |
|
|
|
|
|
|
under INSURING CLAUSE
11.; |
|
|
|
|
|
g. |
|
loss resulting from
indirect or consequential loss of any nature;
|
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 11 of 19
|
Conditions
And |
|
|
|
|
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
|
|
|
General Exclusions
- |
|
|
|
h. |
|
loss resulting from
dishonest acts by any member of the Board of Directors |
Applicable to All
Insuring |
|
|
|
|
|
or Board of Trustees of the
ASSURED who is not an Employee, acting |
Clauses |
|
|
|
|
|
alone or in collusion with
others; |
(continued) |
|
|
|
i. |
|
loss, or that part of any
loss, resulting solely from any violation by the |
|
|
|
|
|
|
ASSURED or by any
Employee: |
|
|
|
|
|
|
(1) |
|
of any law
regulating: |
|
|
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|
|
|
|
|
a. |
|
the issuance, purchase or
sale of securities, |
|
|
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|
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|
b. |
|
securities transactions on
security or commodity exchanges or |
|
|
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|
|
|
the over the counter
market, |
|
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|
c. |
|
investment
companies, |
|
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|
|
d. |
|
investment advisors,
or |
|
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|
|
(2) |
|
of any rule or regulation
made pursuant to any such law; or |
|
|
|
|
j. |
|
loss of confidential
information, material or data; |
|
|
|
|
k. |
|
loss resulting from voice
requests or instructions received over the |
|
|
|
|
|
|
telephone, provided
however, this Section 2.k. shall not apply to INSURING |
|
|
|
|
|
|
CLAUSE 7. or
9. |
|
|
Specific Exclusions
- |
|
3. |
|
This Bond does not
directly or indirectly cover: |
Applicable To All
Insuring |
|
|
|
a. |
|
loss caused by an
Employee, provided, however, this Section 3.a. shall not
|
Clauses Except
Insuring |
|
|
|
|
|
apply to loss covered under
INSURING CLAUSE 2. or 3. which results |
Clause
1. |
|
|
|
|
|
directly from misplacement,
mysterious unexplainable disappearance, or |
|
|
|
|
|
|
damage or destruction of
Property; |
|
|
|
|
b. |
|
loss through the surrender
of property away from premises of the ASSURED |
|
|
|
|
|
|
as a result of a
threat: |
|
|
|
|
|
|
(1) |
|
to do bodily harm to any
natural person, except loss of Property
in |
|
|
|
|
|
|
|
|
transit in the custody of
any person acting as messenger of the |
|
|
|
|
|
|
|
|
ASSURED, provided that when
such transit was initiated there was no |
|
|
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|
|
|
|
|
knowledge by the ASSURED of
any such threat, and provided further |
|
|
|
|
|
|
|
|
that this Section 3.b.
shall not apply to INSURING CLAUSE 7., or |
|
|
|
|
|
|
(2) |
|
to do damage to the
premises or Property of the ASSURED; |
|
|
|
|
c. |
|
loss resulting from
payments made or withdrawals from any account |
|
|
|
|
|
|
involving erroneous credits
to such account; |
|
|
|
|
d. |
|
loss involving
Items
of Deposit which are not finally paid for any reason |
|
|
|
|
|
|
provided however, that this
Section 3.d. shall not apply to INSURING |
|
|
|
|
|
|
CLAUSE 10.;
|
|
|
|
|
e. |
|
loss of property while in
the mail; |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 12 of 19
|
Conditions
And |
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
Specific Exclusions
- |
|
|
|
f. |
|
loss resulting from the
failure for any reason of a financial or depository |
Applicable To All
Insuring |
|
|
|
|
|
institution, its receiver
or other liquidator to pay or deliver funds or other |
Clauses Except
Insuring |
|
|
|
|
|
Property
to the
ASSURED provided further that this Section 3.f. shall not
|
Clause
1. |
|
|
|
|
|
apply to loss of
Property resulting directly from robbery, burglary, |
(continued) |
|
|
|
|
|
misplacement, mysterious
unexplainable disappearance, damage, |
|
|
|
|
|
|
destruction or removal from
the possession, custody or control of the |
|
|
|
|
|
|
ASSURED.
|
|
|
|
|
|
g. |
|
loss of Property
while in
the custody of a Transportation
Company, |
|
|
|
|
|
|
provided however, that this
Section 3.g. shall not apply to INSURING |
|
|
|
|
|
|
CLAUSE 3.;
|
|
|
|
|
|
h. |
|
loss resulting from entries
or changes made by a natural person with |
|
|
|
|
|
|
authorized access to a
Computer System who acts in good faith
on |
|
|
|
|
|
|
instructions, unless such
instructions are given to that person by a software |
|
|
|
|
|
|
contractor or its partner,
officer, or employee authorized by the ASSURED to |
|
|
|
|
|
|
design, develop, prepare,
supply, service, write or implement programs for |
|
|
|
|
|
|
the ASSURED's
Computer System; or |
|
|
|
|
|
i. |
|
loss resulting directly or
indirectly from the input of data into a Computer |
|
|
|
|
|
|
System
terminal,
either on the premises of the customer of the ASSURED |
|
|
|
|
|
|
or under the control of
such a customer, by a customer or other person who |
|
|
|
|
|
|
had authorized access to
the customer's authentication mechanism. |
|
|
Specific Exclusions
- |
|
4. |
|
This bond does not
directly or indirectly cover: |
Applicable To All
Insuring |
|
|
|
a. |
|
loss resulting from the
complete or partial non-payment of or default on any |
Clauses Except
Insuring |
|
|
|
|
|
loan whether such loan was
procured in good faith or through trick, artifice, |
Clauses 1., 4., And
5. |
|
|
|
|
|
fraud or false pretenses;
provided, however, this Section 4.a. shall not apply |
|
|
|
|
|
|
to INSURING CLAUSE
8.; |
|
|
|
|
|
b. |
|
loss resulting from forgery
or any alteration; |
|
|
|
|
|
c. |
|
loss involving a
counterfeit provided, however, this Section 4.c. shall not
|
|
|
|
|
|
|
apply to INSURING CLAUSE 5.
or 6. |
|
|
Limit Of
Liability/Non- |
|
5. |
|
At all times prior to
termination of this Bond, this Bond shall continue in force
for |
Reduction And
Non- |
|
|
|
the limit stated in the
applicable sections of ITEM 2. of the DECLARATIONS, |
Accumulation Of
Liability |
|
|
|
notwithstanding any
previous loss for which the COMPANY may have paid or be
|
|
|
|
|
liable to pay under this
Bond provided, however, that the liability of the COMPANY
|
|
|
|
|
under this Bond with
respect to all loss resulting from: |
|
|
|
|
|
a. |
|
any one act of burglary,
robbery or hold-up, or attempt thereat, in which no |
|
|
|
|
|
|
Employee
is
concerned or implicated, or |
|
|
|
|
|
b. |
|
any one unintentional or
negligent act on the part of any one person |
|
|
|
|
|
|
resulting in damage to or
destruction or misplacement of Property, or |
|
|
|
|
|
c. |
|
all acts, other than those
specified in a. above, of any one person, or
|
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 13 of 19
|
Conditions
And |
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
Limit Of
Liability/Non- |
|
|
|
d. |
|
any one casualty or event
other than those specified in a., b., or c. above, |
Reduction And
Non- |
|
|
|
shall be deemed to be one
loss and shall be limited to the applicable LIMIT OF |
Accumulation Of
Liability |
|
|
|
LIABILITY stated in ITEM 2.
of the DECLARATIONS of this Bond irrespective of |
(continued) |
|
|
|
the total amount of such
loss or losses and shall not be cumulative in amounts |
|
|
|
|
from year to year or from
period to period. |
|
|
|
|
|
All acts, as specified in
c. above, of any one person which |
|
|
|
|
|
i. |
|
directly or indirectly aid
in any way wrongful acts of any other person or |
|
|
|
|
|
|
persons, or
|
|
|
|
|
|
ii. |
|
permit the continuation of
wrongful acts of any other person or persons |
|
|
|
|
|
whether such acts are
committed with or without the knowledge of the wrongful
|
|
|
|
|
acts of the person so
aided, and whether such acts are committed with or without
|
|
|
|
|
the intent to aid such
other person, shall be deemed to be one loss with the |
|
|
|
|
wrongful acts of all
persons so aided. |
|
|
Discovery |
|
6. |
|
This Bond applies only to
loss first discovered by an officer of the ASSURED |
|
|
|
|
during the BOND PERIOD.
Discovery occurs at the earlier of an officer of the |
|
|
|
|
ASSURED being aware
of: |
|
|
|
|
|
a. |
|
facts which may
subsequently result in a loss of a type covered by this Bond,
|
|
|
|
|
|
|
or |
|
|
|
|
|
b. |
|
an actual or potential
claim in which it is alleged that the ASSURED is liable
|
|
|
|
|
|
|
to a third
party, |
|
|
|
|
|
regardless of when the act
or acts causing or contributing to such loss occurred, |
|
|
|
|
even though the amount of
loss does not exceed the applicable DEDUCTIBLE |
|
|
|
|
AMOUNT, or the exact amount
or details of loss may not then be known. |
|
|
Notice To Company
- |
|
7. |
|
a. |
|
The ASSURED shall give the
COMPANY notice thereof at the earliest |
Proof - Legal
Proceedings |
|
|
|
|
|
practicable moment, not to
exceed sixty (60) days after discovery of loss, in |
Against
Company |
|
|
|
|
|
an amount that is in excess
of 50% of the applicable DEDUCTIBLE |
|
|
|
|
|
|
AMOUNT, as stated in ITEM
2. of the DECLARATIONS. |
|
|
|
|
|
b. |
|
The ASSURED shall furnish
to the COMPANY proof of loss, duly sworn to, |
|
|
|
|
|
|
with full particulars
within six (6) months after such discovery. |
|
|
|
|
|
c. |
|
Securities listed in a
proof of loss shall be identified by certificate or bond
|
|
|
|
|
|
|
numbers, if issued with
them. |
|
|
|
|
|
d. |
|
Legal proceedings for the
recovery of any loss under this Bond shall not be |
|
|
|
|
|
|
brought prior to the
expiration of sixty (60) days after the proof of loss is
filed |
|
|
|
|
|
|
with the COMPANY or after
the expiration of twenty-four (24) months from |
|
|
|
|
|
|
the discovery of such
loss. |
|
|
|
|
|
e. |
|
This Bond affords coverage
only in favor of the ASSURED. No claim, suit, |
|
|
|
|
|
|
action or legal proceedings
shall be brought under this Bond by anyone |
|
|
|
|
|
|
other than the
ASSURED. |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 14 of 19
|
Conditions
And |
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
Notice To Company
- |
|
|
|
f. |
|
Proof of loss involving
Voice
Initiated Funds Transfer Instruction shall |
Proof - Legal
Proceedings |
|
|
|
|
|
include electronic
recordings of such instructions. |
Against
Company |
|
|
|
|
|
|
(continued) |
|
|
|
|
|
|
|
|
Deductible
Amount |
|
8. |
|
The COMPANY shall not be
liable under any INSURING CLAUSES of this Bond |
|
|
|
|
on account of loss unless
the amount of such loss, after deducting the net amount
|
|
|
|
|
of all reimbursement and/or
recovery obtained or made by the ASSURED, other |
|
|
|
|
than from any Bond or
policy of insurance issued by an insurance company and |
|
|
|
|
covering such loss, or by
the COMPANY on account thereof prior to payment by |
|
|
|
|
the COMPANY of such loss,
shall exceed the DEDUCTIBLE AMOUNT set forth in |
|
|
|
|
ITEM 3. of the
DECLARATIONS, and then for such excess only, but in no event
|
|
|
|
|
for more than the
applicable LIMITS OF LIABILITY stated in ITEM 2. of the
|
|
|
|
|
DECLARATIONS.
|
|
|
|
|
|
There shall be no
deductible applicable to any loss under INSURING CLAUSE 1.
|
|
|
|
|
sustained by any
Investment Company. |
|
|
Valuation |
|
9. |
|
BOOKS OF ACCOUNT OR
OTHER RECORDS |
|
|
|
|
The value of any loss of
Property consisting of books of account or other records |
|
|
|
|
used by the ASSURED in the
conduct of its business shall be the amount paid by |
|
|
|
|
the ASSURED for blank
books, blank pages, or other materials which replace the
|
|
|
|
|
lost books of account or
other records, plus the cost of labor paid by the |
|
|
|
|
ASSURED for the actual
transcription or copying of data to reproduce such books
|
|
|
|
|
of account or other
records. |
|
|
|
|
|
The value of any loss of
Property other than books of account or other records |
|
|
|
|
used by the ASSURED in the
conduct of its business, for which a claim is made |
|
|
|
|
shall be determined by the
average market value of such Property
on
the |
|
|
|
|
business day immediately
preceding discovery of such loss provided, however, |
|
|
|
|
that the value of any
Property replaced by the ASSURED with the consent of the |
|
|
|
|
COMPANY and prior to the
settlement of any claim for such Property
shall be
the |
|
|
|
|
actual market value at the
time of replacement. |
|
|
|
|
|
In the case of a loss of
interim certificates, warrants, rights or other securities,
the |
|
|
|
|
production of which is
necessary to the exercise of subscription, conversion, |
|
|
|
|
redemption or deposit
privileges, the value of them shall be the market value of
|
|
|
|
|
such privileges immediately
preceding their expiration if said loss is not discovered
|
|
|
|
|
until after their
expiration. If no market price is quoted for such Property
or
for |
|
|
|
|
such privileges, the value
shall be fixed by agreement between the parties. |
|
|
|
|
|
OTHER
PROPERTY |
|
|
|
|
|
The value of any loss of
Property, other than as stated above, shall be the actual
|
|
|
|
|
cash value or the cost of
repairing or replacing such Property
with
Property of |
|
|
|
|
like quality and value,
whichever is less. |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 15 of 19
|
Conditions
And |
|
|
|
|
|
|
Limitations
|
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|
|
|
|
|
(continued) |
|
|
|
|
|
|
|
|
Securities
Settlement |
|
10. |
|
In the event of a loss of
securities covered under this Bond, the COMPANY may, |
|
|
|
|
at its sole discretion,
purchase replacement securities, tender the value of the
|
|
|
|
|
securities in money, or
issue its indemnity to effect replacement securities. |
|
|
|
|
|
The indemnity required from
the ASSURED under the terms of this Section |
|
|
|
|
against all loss, cost or
expense arising from the replacement of securities by the
|
|
|
|
|
COMPANY'S indemnity shall
be: |
|
|
|
|
|
a. |
|
for securities having a
value less than or equal to the applicable |
|
|
|
|
|
|
DEDUCTIBLE AMOUNT - one
hundred (100%) percent; |
|
|
|
|
|
b. |
|
for securities having a
value in excess of the DEDUCTIBLE AMOUNT but |
|
|
|
|
|
|
within the applicable LIMIT
OF LIABILITY - the percentage that the |
|
|
|
|
|
|
DEDUCTIBLE AMOUNT bears to
the value of the securities; |
|
|
|
|
|
c. |
|
for securities having a
value greater than the applicable LIMIT OF LIABILITY |
|
|
|
|
|
|
- the percentage that the
DEDUCTIBLE AMOUNT and portion in excess of |
|
|
|
|
|
|
the applicable LIMIT OF
LIABILITY bears to the value of the securities. |
|
|
|
|
|
The value referred to in
Section 10.a., b., and c. is the value in accordance with
|
|
|
|
|
Section 9, VALUATION,
regardless of the value of such securities at the time the
|
|
|
|
|
loss under the COMPANY'S
indemnity is sustained. |
|
|
|
|
|
The COMPANY is not required
to issue its indemnity for any portion of a loss of |
|
|
|
|
securities which is not
covered by this Bond; however, the COMPANY may do so |
|
|
|
|
as a courtesy to the
ASSURED and at its sole discretion. |
|
|
|
|
|
The ASSURED shall pay the
proportion of the Company's premium charge for the |
|
|
|
|
Company's indemnity as set
forth in Section 10.a., b., and c. No portion of the |
|
|
|
|
LIMIT OF LIABILITY shall be
used as payment of premium for any indemnity |
|
|
|
|
purchased by the ASSURED to
obtain replacement securities. |
|
|
Subrogation -
Assignment - 11. |
|
In the event of a payment
under this Bond, the COMPANY shall be subrogated to |
Recovery |
|
|
|
all of the ASSURED'S rights
of recovery against any person or entity to the extent |
|
|
|
|
of such payment. On
request, the ASSURED shall deliver to the COMPANY an |
|
|
|
|
assignment of the ASSURED'S
rights, title and interest and causes of action |
|
|
|
|
against any person or
entity to the extent of such payment. |
|
|
|
|
|
Recoveries, whether
effected by the COMPANY or by the ASSURED, shall be |
|
|
|
|
applied net of the expense
of such recovery in the following order: |
|
|
|
|
|
a. |
|
first, to the satisfaction
of the ASSURED'S loss which would otherwise have |
|
|
|
|
|
|
been paid but for the fact
that it is in excess of the applicable LIMIT OF |
|
|
|
|
|
|
LIABILITY,
|
|
|
|
|
|
b. |
|
second, to the COMPANY in
satisfaction of amounts paid in settlement of |
|
|
|
|
|
|
the ASSURED'S
claim, |
|
|
|
|
|
c. |
|
third, to the ASSURED in
satisfaction of the applicable DEDUCTIBLE |
|
|
|
|
|
|
AMOUNT, and
|
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 16 of 19
|
Conditions
And |
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
Subrogation -
Assignment - |
|
|
|
d. |
|
fourth, to the ASSURED in
satisfaction of any loss suffered by the |
Recovery |
|
|
|
|
|
ASSURED which was not
covered under this Bond. |
(continued) |
|
|
|
Recovery from reinsurance
or indemnity of the COMPANY shall not be deemed a |
|
|
|
|
recovery under this
section. |
|
|
Cooperation Of
Assured |
|
12. |
|
At the COMPANY'S request
and at reasonable times and places designated by |
|
|
|
|
the COMPANY, the ASSURED
shall: |
|
|
|
|
|
a. |
|
submit to examination by
the COMPANY and subscribe to the same under |
|
|
|
|
|
|
oath, |
|
|
|
|
|
b. |
|
produce for the COMPANY'S
examination all pertinent records, and |
|
|
|
|
|
c. |
|
cooperate with the COMPANY
in all matters pertaining to the loss. |
|
|
|
|
|
The ASSURED shall execute
all papers and render assistance to secure to the |
|
|
|
|
COMPANY the rights and
causes of action provided for under this Bond. The |
|
|
|
|
ASSURED shall do nothing
after loss to prejudice such rights or causes of action.
|
|
|
Termination |
|
13. |
|
If the Bond is for a sole
ASSURED, it shall not be terminated unless written notice
|
|
|
|
|
shall have been given by
the acting party to the affected party and to the |
|
|
|
|
Securities and Exchange
Commission, Washington, D.C., not less than sixty (60) |
|
|
|
|
days prior to the effective
date of such termination. |
|
|
|
|
|
If the Bond is for a joint
ASSURED, it shall not be terminated unless written notice
|
|
|
|
|
shall have been given by
the acting party to the affected party, and by the |
|
|
|
|
COMPANY to all ASSURED
Investment Companies and to the Securities
and |
|
|
|
|
Exchange Commission,
Washington, D.C., not less than sixty (60) days prior to
|
|
|
|
|
the effective date of such
termination. |
|
|
|
|
|
This Bond will terminate as
to any one ASSURED, other than an Investment |
|
|
|
|
Company: |
|
|
|
|
|
a. |
|
immediately on the taking
over of such ASSURED by a receiver or other |
|
|
|
|
|
|
liquidator or by State or
Federal officials, or |
|
|
|
|
|
b. |
|
immediately on the filing
of a petition under any State or Federal statute |
|
|
|
|
|
|
relative to bankruptcy or
reorganization of the ASSURED, or assignment for |
|
|
|
|
|
|
the benefit of creditors of
the ASSURED, or |
|
|
|
|
|
c. |
|
immediately upon such
ASSURED ceasing to exist, whether through merger |
|
|
|
|
|
|
into another entity,
disposition of all of its assets or otherwise. |
|
|
|
|
|
The COMPANY shall refund
the unearned premium computed at short rates in |
|
|
|
|
accordance with the
standard short rate cancellation tables if terminated by the
|
|
|
|
|
ASSURED or pro rata if
terminated for any other reason. |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 17 of 19
|
Conditions
And |
|
|
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
|
Termination |
|
|
|
If any partner, director,
trustee, or officer or supervisory employee of an |
(continued) |
|
|
|
ASSURED not acting in
collusion with an Employee
learns of
any dishonest act |
|
|
|
|
committed by such
Employee at any time, whether in the employment of the |
|
|
|
|
ASSURED or otherwise,
whether or not such act is of the type covered under this
|
|
|
|
|
Bond, and whether against
the ASSURED or any other person or entity, the |
|
|
|
|
ASSURED:
|
|
|
|
|
|
a. |
|
shall immediately remove
such Employee from a position that would enable |
|
|
|
|
|
|
such Employee
to cause
the ASSURED to suffer a loss covered by this |
|
|
|
|
|
|
Bond; and
|
|
|
|
|
|
b. |
|
within forty-eight (48)
hours of learning that an Employee
has
committed |
|
|
|
|
|
|
any dishonest act, shall
notify the COMPANY, of such action and provide full |
|
|
|
|
|
|
particulars of such
dishonest act. |
|
|
|
|
|
The COMPANY may terminate
coverage as respects any Employee
sixty
(60) |
|
|
|
|
days after written notice
is received by each ASSURED Investment
Company |
|
|
|
|
and the Securities and
Exchange Commission, Washington, D.C. of its desire to |
|
|
|
|
terminate this Bond as to
such Employee. |
|
|
Other
Insurance |
|
14. |
|
Coverage under this Bond
shall apply only as excess over any valid and collectible
|
|
|
|
|
insurance, indemnity or
suretyship obtained by or on behalf of: |
|
|
|
|
|
a. |
|
the ASSURED,
|
|
|
|
|
|
b. |
|
a Transportation
Company,
or |
|
|
|
|
|
c. |
|
another entity on whose
premises the loss occurred or which employed the |
|
|
|
|
|
|
person causing the loss or
engaged the messenger conveying the Property |
|
|
|
|
|
|
involved.
|
|
|
Conformity |
|
15. |
|
If any limitation within
this Bond is prohibited by any law controlling this Bond's
|
|
|
|
|
construction, such
limitation shall be deemed to be amended so as to equal the
|
|
|
|
|
minimum period of
limitation provided by such law. |
|
|
Change or
Modification |
|
16. |
|
This Bond or any instrument
amending or affecting this Bond may not be changed |
|
|
|
|
or modified orally. No
change in or modification of this Bond shall be effective
|
|
|
|
|
except when made by written
endorsement to this Bond signed by an authorized |
|
|
|
|
representative of the
COMPANY. |
|
|
|
|
|
If this Bond is for a sole
ASSURED, no change or modification which would |
|
|
|
|
adversely affect the rights
of the ASSURED shall be effective prior to sixty (60) |
|
|
|
|
days after written notice
has been furnished to the Securities and Exchange |
|
|
|
|
Commission, Washington,
D.C., by the acting party. |
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 18 of 19
|
Conditions
And |
|
|
Limitations
|
|
|
|
|
Change or
Modification |
|
If this Bond is for a joint
ASSURED, no charge or modification which would |
(continued) |
|
adversely affect the rights
of the ASSURED shall be effective prior to sixty (60) |
|
|
days after written notice
has been furnished to all insured Investment
Companies |
|
|
and to the Securities and
Exchange Commission, Washington, D.C., by the |
|
|
COMPANY.
|
ICAP Bond
(5-98) |
|
Form 17-02-1421 (Ed.
5-98) |
Page 19 of 19
|
POLICYHOLDER |
DISCLOSURE NOTICE
OF |
TERRORISM INSURANCE
COVERAGE |
(for policies with no
terrorism exclusion or sublimit) |
You are hereby notified that,
under the Terrorism Risk Insurance Act (the Act), effective
|
December 26, 2007, this policy
makes available to you insurance for losses arising out of
|
certain acts of terrorism.
Terrorism is defined as any act certified by the Secretary of
the |
Treasury, in concurrence with the
Secretary of State and the Attorney General of the |
United States, to be an act of
terrorism; to be a violent act or an act that is dangerous to
|
human life, property or
infrastructure; to have resulted in damage within the United
|
States, or outside the United
States in the case of an air carrier or vessel or the
premises |
of a United States Mission; and to
have been committed by an individual or individuals as |
part of an effort to coerce the
civilian population of the United States or to influence the
|
policy or affect the conduct of
the United States Government by coercion. |
|
You should know that the insurance
provided by your policy for losses caused by acts of |
terrorism is partially reimbursed
by the United States under the formula set forth in the
|
Act. Under this formula, the
United States pays 85% of covered terrorism losses that
|
exceed the statutorily established
deductible to be paid by the insurance company |
providing the
coverage. |
|
However, if aggregate insured
losses attributable to terrorist acts certified under the Act
|
exceed $100 billion in a Program
Year (January 1 through December 31), the Treasury |
shall not make any payment for any
portion of the amount of such losses that exceeds |
$100 billion.
|
10-02-1281
(Ed. 1/2003)
If aggregate insured losses
attributable to terrorist acts certified under the Act exceed
|
$100 billion in a Program Year
(January 1 through December 31) and we have met our |
insurer deductible under the Act,
we shall not be liable for the payment of any portion of
|
the amount of such losses that
exceeds $100 billion, and in such case insured losses up
|
to that amount are subject to pro
rata allocation in accordance with procedures |
established by the Secretary of
the Treasury. |
|
The portion of your policys
annual premium that is attributable to insurance for such
acts |
of terrorism is: $ -0-. |
|
If you have any questions about
this notice, please contact your agent or broker.
|
10-02-1281
(Ed. 1/2003)
IMPORTANT NOTICE TO
POLICYHOLDERS |
|
|
|
All of the members of the
Chubb Group of Insurance companies doing business in the
United |
States (hereinafter
Chubb) distribute their products through licensed insurance brokers and
agents |
(producers). Detailed
information regarding the types of compensation paid by Chubb to producers
on |
US insurance transactions
is available under the Producer Compensation link located at the bottom of
the |
page at www.chubb.com, or
by calling 1-866-588-9478. Additional information may be available
from |
your producer. |
|
Thank you for choosing
Chubb. |
|
10-02-1295
(ed. 6/2007) |
Important
Notice: |
|
|
|
The SEC Requires Proof
of Your Fidelity Insurance Policy |
|
Your company is now
required to file an electronic copy of your fidelity insurance
coverage |
(Chubbs ICAP Bond policy)
to the Securities and Exchange Commission (SEC), according to
|
rules adopted by the SEC on
June 12, 2006. |
|
Chubb is in the process of
providing your agent/broker with an electronic copy of your
insurance |
policy as well as
instructions on how to submit this proof of fidelity insurance coverage to
the |
SEC. You can expect to
receive this information from your agent/broker shortly.
|
|
The electronic copy of your
policy is provided by Chubb solely as a convenience and does
not |
affect the terms and
conditions of coverage as set forth in the paper policy you receive by
mail. |
The terms and conditions of
the policy mailed to you, which are the same as those set forth
in |
the electronic copy,
constitute the entire agreement between your company and
Chubb. |
|
If you have any questions,
please contact your agent or broker. |
Form
14-02-12160 (ed. 7/2006)
|
|
|
|
|
|
ENDORSEMENT/RIDER |
Effective date
of |
|
|
|
|
this endorsement/rider:
March 31, 2009 |
|
VIGILANT INSURANCE
COMPANY |
|
|
|
|
Endorsement/Rider
No. |
|
1 |
|
|
|
|
To be attached to
and |
|
|
|
|
|
|
form a part of Bond
No. |
|
81804170
|
|
|
Issued to: FIRST EAGLE
FUNDS/FIRST EAGLE VARIABLE FUNDS |
|
|
|
|
DELETING VALUATION-OTHER
PROPERTY AND AMENDING CHANGE OR MODIFICATION |
|
|
|
|
ENDORSEMENT
|
|
|
In consideration of the
premium charged, it is agreed that this Bond is amended as
follows: |
1. |
|
The paragraph titled Other
Property in Section 9, Valuation, is deleted in its entirety.
|
2. |
|
The third paragraph in
Section 16, Change or Modification, is deleted in its entirety and
replaced |
|
|
with the
following: |
|
|
|
|
|
|
If this Bond is for a joint
ASSURED, no change or modification which would adversely affect
the |
|
|
rights of the ASSURED shall
be effective prior to sixty (60) days after written notice has
been |
|
|
furnished to all insured
Investment Companies and the Securities and
Exchange Commission, |
|
|
Washington, D.C., by the
COMPANY. |
|
|
|
|
|
|
The title and any headings
in this endorsement/rider are solely for convenience and form no part of
the |
terms and conditions of
coverage. |
|
|
|
|
All other terms, conditions
and limitations of this Bond shall remain unchanged. |
|
|

17-02-2437
(12/2006) rev.
VIGILANT INSURANCE
COMPANY |
Endorsement
No: |
|
2 |
Bond Number:
|
|
81804170
|
NAME OF ASSURED: FIRST
EAGLE FUNDS/FIRST EAGLE VARIABLE FUNDS |
|
NAME OF ASSURED
ENDORSEMENT |
|
|
It is agreed that the NAME
OF ASSURED in the DECLARATIONS is amended to read as follows:
|
First Eagle
Funds |
|
|
First Eagle Variable
Funds |
|
|
First Eagle Global
Fund |
|
|
First Eagle Overseas
Fund |
|
|
First Eagle U.S. Value
Fund |
|
|
First Eagle Gold
Fund |
|
|
First Eagle Fund of
America |
|
|
First Eagle Overseas
Variable Fund |
|
|
|
This Endorsement applies to
loss discovered after 12:01 a.m. on March 31, 2009. |
ALL OTHER TERMS AND
CONDITIONS OF THIS BOND REMAIN UNCHANGED.
|
Date: March
23, 2009

ICAP Bond |
|
Form 17-02-0949 (Rev.
1-97) |
Page 1
|
|
|
|
|
VIGILANT INSURANCE
COMPANY |
|
|
|
|
|
Endorsement No.:
3 |
|
|
|
|
|
Bond Number:
|
|
81804170
|
|
|
|
NAME OF ASSURED: FIRST
EAGLE FUNDS/FIRST EAGLE VARIABLE FUNDS |
|
|
|
|
|
NEW YORK AMENDATORY
ENDORSEMENT |
|
It is agreed that this Bond
is amended as follows: |
|
|
1. |
|
By adding to Section 13,
Termination, the following: |
|
|
|
|
Bonds In Effect Sixty (60)
Days Or Less |
|
|
|
|
If this Bond has been in
effect for less than sixty (60) days and if it is not a renewal Bond,
the |
|
|
COMPANY may terminate it
for any reason by mailing or delivering to the ASSURED and to
the |
|
|
authorized agent or broker,
if any, written notice of termination at least sixty (60) days before
the |
|
|
effective date of
termination. |
|
|
|
|
Bonds In Effect More Than
Sixty (60) Days |
|
|
|
|
If this Bond has been in
effect for sixty (60) days or more, or if it is a renewal of a Bond issued
by the |
|
|
COMPANY, it may be
terminated by the COMPANY by mailing or delivering to the ASSURED and
to |
|
|
the authorized agent or
broker, if any, written notice of termination at least sixty (60) days
before the |
|
|
effective date of
termination. Furthermore, when the Bond is a renewal or has been in effect
for sixty |
|
|
(60) days or more, the
COMPANY may terminate only for one or more of the reasons stated in
1-7 |
|
|
below. |
|
|
|
|
1. |
|
Nonpayment of
premium; |
|
|
|
|
2. |
|
Conviction of a crime
arising out of acts increasing the hazard insured against ;
|
|
|
3. |
|
Discovery of fraud or
material misrepresentation in the obtaining of this Bond or in
the |
|
|
|
|
presentation of a claim
thereunder; |
|
|
|
|
4. |
|
Violation of any provision
of this Bond that substantially and materially increases the
hazard |
|
|
|
|
insured against, and which
occurred subsequent to inception of the current BOND PERIOD;
|
|
|
5. |
|
If applicable, material
physical change in the property insured, occurring after issuance or
last |
|
|
|
|
annual renewal anniversary
date of this Bond, which results in the property becoming
uninsurable |
|
|
|
|
in accordance with the
COMPANY's objective, uniformly applied underwriting standards in
effect |
|
|
|
|
at the time this Bond was
issued or last renewed; or material change in the nature or extent of
this |
|
|
|
|
Bond occurring after
issuance or last annual renewal anniversary date of this Bond, which
causes |
|
|
|
|
the risk of loss to be
substantially and materially increased beyond that contemplated at the
time |
|
|
|
|
this Bond was issued or
last renewed; |
|
|
ICAP Bond - New
York |
|
Form 17-02-2863 (Rev.
7-03) |
Page 1
|
|
|
6. |
|
A determination by the
Superintendent of Insurance that continuation of the present
premium |
|
|
|
|
volume of the COMPANY would
jeopardize the COMPANY's policyholders, creditors or the
public, |
|
|
|
|
or continuing the Bond
itself would place the COMPANY in violation of any provision of the
New |
|
|
|
|
York Insurance Code;
or |
|
|
7. |
|
Where the COMPANY has
reason to believe, in good faith and with sufficient cause, that there
is |
|
|
|
|
a probable risk or danger
that the Property will be destroyed by the ASSURED for the purpose of
|
|
|
|
|
collecting the insurance
proceeds. |
|
|
Notice Of
Termination |
|
|
Notice of termination under
this SECTION shall be mailed to the ASSURED and to the authorized
agent |
|
|
or broker, if any, at the
address shown on the DECLARATIONS of this Bond. The COMPANY,
|
|
|
however, may deliver any
notice instead of mailing it. |
|
|
Return Premium
Calculations |
|
|
The COMPANY shall refund
the unearned premium computed pro rata if this Bond is terminated by
the |
|
|
COMPANY."
|
2. |
|
By adding a new Section
reading as follows: |
|
|
"Section 17. Election To
Conditionally Renew / Nonrenew This Bond |
|
|
Conditional
Renewal |
|
|
If the COMPANY
conditionally renews this Bond subject to: |
|
|
1. |
|
Change of limits of
liability ; |
|
|
2. |
|
Change in type of
coverage; |
|
|
3. |
|
Reduction of
coverage; |
|
|
4. |
|
Increased
deductible; |
|
|
5. |
|
Addition of exclusion;
or |
|
|
6. |
|
Increased premiums in
excess of 10%, exclusive of any premium increase due to and
|
|
|
|
|
commensurate with insured
value added; or as a result of experience rating, retrospective
rating |
|
|
|
|
or audit; the COMPANY shall
send notice as provided in Notices Of Nonrenewal And
Conditional |
|
|
|
|
Renewal immediately
below. |
|
|
Notices Of Nonrenewal And
Conditional Renewal |
|
|
1. |
|
If the COMPANY elects not
to renew this Bond, or to conditionally renew this Bond as
provided |
|
|
|
|
herein, the COMPANY shall
mail or deliver written notice to the ASSURED at least sixty (60)
but |
|
|
|
|
not more than one hundred
twenty (120) days before: |
|
|
|
|
a. |
|
The expiration date;
or |
|
|
|
|
b. |
|
The anniversary date if
this Bond has been written for a term of more than one year.
|
ICAP Bond - New
York |
|
Form 17-02-2863 (Rev.
7-03) |
Page 2
|
|
|
2. |
|
Notice shall be mailed or
delivered to the ASSURED at the address shown on the |
|
|
|
|
DECLARATIONS of this Bond
and the authorized agent or broker, if any. If notice is mailed,
proof |
|
|
|
|
of mailing shall be
sufficient proof of notice. |
|
|
3. |
|
Paragraphs 1. and 2.
immediately above shall not apply when the ASSURED, authorized agent
or |
|
|
|
|
broker, or another insurer
has mailed or delivered written notice to the COMPANY that the
Bond |
|
|
|
|
has been replaced or is no
longer desired. |
3. |
|
By adding to General
Agreement B., Representations Made By Assured, the following:
|
|
|
No misrepresentation shall
be deemed material unless knowledge by the COMPANY would have
lead |
|
|
to the COMPANY'S refusal to
write this Bond. |
|
|
|
|
This Endorsement applies to
loss discovered after 12:01 a.m. on March 31, 2009. |
|
|
|
|
ALL OTHER TERMS AND
CONDITIONS OF THIS BOND REMAIN UNCHANGED.
|
Date: March
23, 2009
ICAP Bond - New
York |
|
Form 17-02-2863 (Rev.
7-03) |
Page 3
|
|
|
|
|
|
|
VIGILANT INSURANCE COMPANY |
|
|
|
|
|
|
|
Endorsement No.: 4 |
|
|
|
|
|
|
|
Bond
Number: |
|
81804170
|
|
|
|
NAME OF
ASSURED: |
|
FIRST EAGLE FUNDS/FIRST
EAGLE VARIABLE FUNDS |
|
|
|
|
|
|
|
TELEFACSIMILE
INSTRUCTION FRAUD ENDORSEMENT |
|
It is agreed that this Bond
is amended as follows: |
|
|
|
1. |
|
By adding the following
INSURING CLAUSE: |
|
|
|
|
|
12. |
|
Telefacsimile
Instruction |
|
|
|
|
|
|
|
Loss resulting directly
from the ASSURED having transferred, paid or delivered any
|
|
|
|
|
funds or other
Property or established any credit, debited any account or given
any |
|
|
|
|
value on the faith of any
fraudulent instructions sent by a Customer, financial institution |
|
|
|
|
or another office of the
ASSURED by Telefacsimile directly to the ASSURED
authorizing |
|
|
|
|
or acknowledging the
transfer, payment or delivery of funds or Property
or
the |
|
|
|
|
establishment of a credit
or the debiting of an account or the giving of value by the
|
|
|
|
|
ASSURED where such
Telefacsimile instructions:
|
|
|
|
|
|
|
|
a. |
|
bear a valid test key
exchanged between the ASSURED and a Customer
or |
|
|
|
|
|
|
another financial
institution with authority to use such test key for Telefacsimile |
|
|
|
|
|
|
instructions in the
ordinary course of business, but which test key has been
|
|
|
|
|
|
|
wrongfully obtained by a
person who was not authorized to initiate, make, |
|
|
|
|
|
|
validate or authenticate a
test key arrangement, and |
|
|
|
|
|
b. |
|
fraudulently purport to
have been sent by such Customer
or
financial institution |
|
|
|
|
|
|
when such Telefacsimile
instructions were transmitted without the knowledge
|
|
|
|
|
|
|
or consent of such
Customer or financial institution by a person other than such
|
|
|
|
|
|
|
Customer
or
financial institution and which bear a Forgery
of a
signature, |
|
|
|
|
|
|
provided that the
Telefacsimile instruction was verified by
a direct call back to |
|
|
|
|
|
|
an employee of the
financial institution, or a person thought by the ASSURED to
|
|
|
|
|
|
|
be the Customer, or an employee of another financial institution.
|
|
2. |
|
By deleting from Section
1., Definitions, the definition of Customer
in its
entirety, and substituting |
|
|
the following:
|
|
|
|
|
|
|
|
d. |
|
Customer
means an
individual, corporate, partnership, trust customer, shareholder
or |
|
|
|
|
subscriber of an Investment
Company which has a written agreement with the ASSURED |
|
|
|
|
for Voice Initiated Funds
Transfer Instruction or Telefacsimile
Instruction. |
ICAP Bond |
|
Form 17-02-2367 (Rev.
10-03) |
Page 1
|
3. |
|
By adding to Section 1.,
Definitions, the following: |
|
|
|
r. |
|
Telefacsimile
means a
system of transmitting written documents by electronic
signals |
|
|
|
|
over telephone lines to
equipment maintained by the ASSURED for the purpose of |
|
|
|
|
reproducing a copy of said
document. Telefacsimile does not mean
electronic |
|
|
|
|
communication sent by Telex
or similar means of communication, or through an |
|
|
|
|
electronic communication
system or through an automated clearing house. |
|
4. |
|
By adding to Section 3.,
Specific Exclusions Applicable to All Insuring Clauses Except
Insuring |
|
|
Clause 1. the
following: |
|
|
|
j. |
|
loss resulting directly or
indirectly from Telefacsimile
instructions provided, however, this |
|
|
|
|
exclusion shall not apply
to this INSURING CLAUSE. |
|
|
|
|
This Endorsement applies to
loss discovered after 12:01 a.m. on March 31, 2009. |
|
|
ALL OTHER TERMS AND
CONDITIONS OF THIS BOND REMAIN UNCHANGED.
|
Date: March
23, 2009

ICAP Bond |
|
Form 17-02-2367 (Rev.
10-03) |
Page 2
|
Effective date
of |
|
|
|
|
this endorsement: March 31,
2009 |
|
VIGILANT INSURANCE
COMPANY |
|
|
Endorsement No.:
5 |
|
|
To be attached to and form
a part of |
|
|
Number: |
|
81804170
|
|
|
Issued to: FIRST EAGLE
FUNDS/FIRST EAGLE VARIABLE FUNDS |
COMPLIANCE WITH
APPLICABLE TRADE SANCTION LAWS RIDER |
It is agreed that this
insurance does not apply to the extent that trade or economic sanctions or
other laws |
or regulations prohibit the
coverage provided by this insurance. |
|
|
|
|
ALL OTHER TERMS AND
CONDITIONS OF THIS BOND REMAIN UNCHANGED.
|
Date: March
23, 2009

Form
14-02-9228 (Ed. 4/2004)
|
|
|
|
|
|
ENDORSEMENT/RIDER |
Effective date
of |
|
|
|
|
this endorsement/rider:
March 31, 2009 |
|
VIGILANT INSURANCE
COMPANY |
|
|
|
|
Endorsement/Rider
No. |
|
6 |
|
|
|
|
To be attached to
and |
|
|
|
|
|
|
form a part of Bond
No. |
|
81804170
|
Issued to: FIRST EAGLE
FUNDS/FIRST EAGLE VARIABLE FUNDS |
|
|
|
|
|
|
AUTOMATIC INCREASE IN LIMITS ENDORSEMENT |
In consideration of the
premium charged, it is agreed that GENERAL AGREEMENTS, Section C.
Additional |
Offices Or
Employees-Consolidation, Merger Or Purchase Or Acquisition Of Assets Or
Liabilities-Notice To |
Company, is amended by
adding the following subsection: |
|
|
Automatic Increase in
Limits for Investment Companies |
|
|
If an increase in bonding
limits is required pursuant to rule 17g-1 of the Investment Company Act of
1940 |
(the Act), due
to: |
|
|
|
|
(i) |
|
the creation of a new
Investment Company, other than by
consolidation or merger with, or purchase or |
|
|
acquisition of assets or
liabilities of, another institution; or |
|
|
(ii) |
|
an increase in asset size
of current Investment Companies covered under this
Bond, |
then the minimum required
increase in limits shall take place automatically without payment of
additional |
premium for the remainder
of the BOND PERIOD. |
|
|
|
|
The title and any headings
in this endorsement/rider are solely for convenience and form no part of
the terms |
and conditions of
coverage. |
|
|
|
|
|
All other terms, conditions
and limitations of this Bond shall remain unchanged.
|

GRAPHIC
2
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