February 13, 2018

 

VIA EDGAR

 

Securities and Exchange Commission

100 F Street, N.E.
Washington, D.C. 20549

 

Re:      Rule 17g-1 Fidelity Bond Filing for American Capital Senior Floating, Ltd.

 

Dear Sir or Madam:

 

Enclosed for filing, on behalf of American Capital Senior Floating, Ltd. (the “Corporation”), pursuant to Rule 17g-1(g) of the Investment Company Act of 1940, as amended, please find the following:

 

(i)            a copy of the executed fidelity bond for the Corporation (the “Fidelity Bond”); and

 

(ii)           a Certificate of Secretary containing the resolutions of the Board of Directors of the Corporation approving the amount, type, form and coverage of the Fidelity Bond and a statement as to the period for which premiums have been paid.

 

 

 

Very truly yours,

 

 

 

AMERICAN CAPITAL SENIOR FLOATING, LTD.

 

 

 

 

 

/s/ Ian P. Fitzgerald

 

Ian P. Fitzgerald

 

Vice President, General Counsel and Secretary

 

Enclosures

 



 

POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.com/producer-compensation or by calling 1-800-706-3102. 91222 (9/16)

 


National Union Fire Insurance Company of Pittsburgh, Pa. A capital stock company POLICY NUMBER: 01-112-98-65 REPLACEMENT OF POLICY NUMBER: 06-683-04-07 INVESTMENT COMPANY BLANKET BOND DECLARATIONS Item 1 Name of Insured (herein called Insured): AMERICAN CAPITAL SENIOR FLOATING, LTD. Principal Address 245 PARK AVENUE, 43RD FLOOR NEW YORK, NY 10167 Item 2. Bond Period: from January 16, 2018 12:01a.m. to January 16, 2019 12:01a.m. the effective date of the termination or cancellation of this bond, standard time at the Principal Address as to each of said dates Item 3. Limit of Liability--Subject to Sections 9, 10 and 12 hereof, Amount applicable to Limit of Liability Deductible $0 $5,000 $50,000 $50,000 $50,000 $50,000 $50,000 $5,000 Insuring Agreement (A)-FIDELITY Insuring Agreement (B)-AUDIT EXPENSE Insuring Agreement (C)-ON PREMISES Insuring Agreement (D)-IN TRANSIT Insuring Agreement (E)-FORGERY OR ALTERATION Insuring Agreement (F)-SECURITIES Insuring Agreement (G)-COUNTERFEIT CURRENCY Insuring Agreement (H)-UNCOLLECTIBLE ITEMS OF DEPOSIT Additional Insuring Agreements Insuring Agreement (I)-COMPUTER SYSTEMS Insuring Agreement (J)-CLAIMS EXPENSE Insuring Agreement (K)-VOICE INITIATED TRANSFER FRAUD Insuring Agreement (L)-TELE FACSIMILE TRANSFER FRAUD Insuring Agreement (M)-FRAUDULENT TRANSFER INSTRUCTIONS VIA EMAIL $1,000,000 $50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $50,000 $1,000,000 $50,000 $1,000,000 $1,000,000 $1,000,000 $50,000 $5,000 $50,000 $50,000 $50,000 2-14057 41205 (04/95) 1 © All rights reserved.

 


If "Not Covered" is inserted above opposite any specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage and any other reference thereto in this bond shall be deemed to be deleted therefrom. Item 4. Offices or Premises Covered--Offices acquired or established subsequent to the effective date of this bond are covered according to the terms of General Agreement A. All the Insured's offices or premises in existence at the time this bond becomes effective are covered under this bond except the offices or premises located as follows: Item 5. The liability of the Underwriter is subject to the terms of the following riders attached hereto: #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #12, #13, #14, #15, #16, #17#18 Item 6. The Insured by the acceptance of this bond gives to the Underwriter terminating or cancelling prior bond(s) or policy(ies) No.(s) much termination or cancellation to be effective as of the time this bond becomes effective. 06-683-04-07 2-14057 41205 (04/95) 2 © All rights reserved.

 


IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President, Secretary and Authorized Representative. This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer. PRESIDENT N ation al Union Fire Insurance Co m p any of P ittsb u rgh, Pa. SECRETARY N ation al Union Fire Insurance Com p any of Pittsburgh, Pa. AUTHORIZED REPRESENTATIVE COUNTERSIGNED AT DATE COUNTERSIGNATURE AON RISK SERVICES NORTHEAST INC 199 WATER ST NEW YORK, NY 10038-3526 1503627 2-14057 41205 (04/95) 3 © All rights reserved.

 


 

loss sustained by the Insured through any dishonest or act(s),including Larceny or Embezzlement comm of one or more of the Employees and the liability whether committed alone or in collusion with others, liability stated in Insuring Agreement (A) in Item 3 of an Employee, which Property is held by the Insured for Insured, and loss of subscription, conversion, redem (b) to obtain financial benefit for the Em or loss of Property, while the Property is (or is intended by the Employee to receive such deposited within any offices or premises located fees, bonuses, promotions, awards, profit Declarations or am endm ent thereof or in the m ail or earned in the norm al courseof employm otor vehiclecompany,forthepurposeof governm ental regulatory authority to be conducted stationery, supplies or equipm ent, within accountant by reason of the discovery of loss bond caused by Larceny or theft in, or by fraudulent act(s),including Larceny or Em attem pt thereat, or by vandalism or m of the Underwriter for such expense by reason of National Union Fire Insurance Company of Pittsburgh, Pa. A capital stock com pany INVESTMENT COMPANY BLANKET BOND The Underwriter, in consideration of an agreed prem ium , and subject to the Declarations m ade a part hereof, the General Agreem ents, Conditions and Lim itations and other term s of this bond, agrees with the Insured, in accordance with the Insuring Agreem ents hereof to which an am ount of insurance is applicable as set forth in Item 3 of the Declarations and with respect to loss sustained by the Insured at any tim e but discovered during the Bond Period, to indem nify and hold harm less the Insured for: IN SURING AGREEMENTS (A) FIDELITY 3 of the Declarations; it being understood, Loss resulting from any dishonest or fraudulent however, that such expense shall be deem ed to be a itted by an Employee, comm itted anywhere and fraudulent act(s), including Larceny or Em bezzlem ent including loss of Property resulting from such acts of under this paragraph shall be in addition to the Lim it of any purpose or in any capacity and whether so heldthe Declarations. gratuitously or not and whether or not the Insured is(C) ON PREMISES liable therefor.Loss of Property (occurring with or without negligence Dishonest or fraudulent act(s) as used in this Insuringor violence) through robbery, burglary, Larceny, theft, Agreem ent shall m ean only dishonest orfraudulent holdup, or other fraudulent m eans, m isplacem ent, m act(s) comm itted bysuch Employee with the mysterious unexplainable disappearance, dam age anifest intent:thereto or destruction thereof, abstraction or rem oval (a) to cause the Insured to sustain such loss; andfrom the possession,custodyorcontrolof the ployee, or for any other person or organization ption or deposit privileges through the m isplacem ent benefit, other than salaries, comm issions, supposed or believed by the Insured to be) lodged or sharing, pensions or other Employee benefits anywhere, except in an office listed in Item 4 of the ent. with a carrier for hire other than an arm ored m (B) AUDIT EXPENSE transportation. Expense incurred by the Insured for that part of the Offices and Equipment costs of audits or exam inations required by any (1) Loss of or dam age to, furnishings, fixtures, either by such authority or by an independent any of the Insured's offices covered under this sustained by the Insured through any dishonest or burglary, robbery or holdup of such office, or bezzlem ent of any of the Employees. The total liability alicious mischief; or such acts of any Employee or in which such Em (2) loss through dam age to any such office by ployee is concerned or im plicated or with respect to Larceny or theft in, or by burglary, robbery or any one audit or exam ination is lim ited to the am ount holdup of such office or attem pt thereat, or to stated opposite Audit Expense in Item the interior of any such office by 41206 (9/84)1All rights reserved.

 


or drawer thereof or with one acting as an agent of or violence) through robbery, Larceny, theft, another and m ade or drawn payable to the one so disappearance, being lost or otherwisem ade away one im personated, shall be deem ed to be forged as of subscription, conversion, redem ption or (F) SECURITIES ail or with a carrier for hire, other than an arm ored m Regulatory Organization if the Insured had been a m (1) through the Insured's having, in good faith and certificatesof deposit. prom issory notes, or other account or for the account of others, in any certain in m oney, due bills, m oney orders, warrants, capacity, eithergratuitously or otherwise, instructions, advices or applications directed to the received, or sold or delivered, or given any paym ent, delivery or receipt of funds or Property, liability, on the faith of, orotherwise acted to have been signed or endorsed by any custom er of written instrum ents which prove to have been whether certificated or uncertificated, of any Investm (2) through the Insured's having, in good faith and bearing the nam e of the Insured as vandalism or m alicious m ischief provided, inissuer, or of another Investm ent Com pany for which any event, that the Insured is the owner ofthe Insured acts as agent, excluding, however, any loss such offices, furnishings, fixtures, stationery,covered under Insuring Agreem ent (F)hereof supplies or equipm ent or is legally liable forwhether or not coverage for Insuring Agreem ent (F) such loss or dam age, always excepting,is provided for in the Declarations of this bond. however, all loss or dam age through fire.Any check or draft (a) m ade payable to a fictitious (D) IN TRANSIT payee and endorsed in the nam e of such fictitious Loss of Property (occurring with or without negligence payee or (b) procured in a transaction with the m aker holdup, m isplacem ent, m ysterious unexplainable such m aker or drawer or anyone im personating with, dam age thereto or destruction thereof, and loss im personated and endorsed by anyone other than the deposit privileges through the m isplacem ent to such endorsem ent. or loss of Property, while the Property is in transit Mechanically reproduced facsim ile signatures are anywhere in the custody of any person or treated the sam e as handwritten signatures. persons acting as m essenger, except while in the m otor vehicle com pany, for the purpose of Loss sustained by the Insured, including loss sustained transportation, such transit to begin imm by reason of a violation of the constitution, by-laws, ediately upon receipt of such Property by the rules or regulations of any Self Regulatory Organization transporting person or persons, and to end imm of which the Insured is a m em ber or which would ediately upon delivery thereof at destination. have been im posed upon the Insured by the (E) FORGERY OR ALTERATION constitution, by-laws, rules or regulations of any Self Loss through FORGERY or ALTERATION of, on or in anyem ber thereof, billsofexchange,checks,drafts,acceptances, written prom ises, orders or directions to pay sum s in the course of business, whether for its own orders upon public treasuries, letters of credit, written representative, fiduciary, agency or any other Insured, authorizing or acknowledging the transfer, purchased or otherwise acquired, accepted or which instructions or advices or applications purport value, extended any credit or assum ed any the Insured, shareholder or subscriber to shares, upon, any securities, docum ents or other ent Com pany or by any financial or banking institution (a) counterfeited, or or stockbroker but which instructions, advices or (b) forged as to the signature of any m aker, applications either bear the forged signature or drawer, issuer, endorser, assignor, endorsem ent or have been altered without the lessee, transfer agent or registrar, knowledge and consent of such custom er, shareholder acceptor, surety or guarantor or as to the or subscriber to shares, whether certificated or signature of any person signing in any uncertificated, of an Investm ent Com pany, financial or other capacity, or banking institution or stockbroker, withdrawal orders (c) raised or otherwise altered, or lost, or sto or receipts for the withdrawal of funds or Property,en, or or receipts or certificates of deposit for Property and in the course of business, 41206 (9/84)2 All rights reserved.

 


For having refused to pay any check or draft m ade docum ents or other written instrum subscriberof the Insured or any Authorized or ALTERATION of, on or in those instrum ents subscriber. (I) UNCOLLECTIBLE ITEMS OF DEPOSIT ents shall be deem ed to m ean original loss resulting from any Item of Deposit processed endorsem ent or assignm ent. Loss includes dividends and interest accrued not to exceed instrum ent which is intended to deceive and to with "exchange privileges" if all Fund(s) in the aretreatedthe same as handwritten Insurance Com pany of Pittsburgh, PA for Uncollectible of days of deposit within the Fund(s) before withdrawal of any counterfeited m oney order s or altered paper the date a deposit was first credited to any Insured Canada issued or purporting to have been issued by the guaranteed in writing or witnessed any For having either com plied with or failed to com signatures whether for valuable consideration ply with any written notice of any custom er, or not and whether or not such guaranteeing shareholder or subscriber of the Insured or any or witnessing is ultra vires the Insured, upon Authorized Representative of such custom er, any transfers, assignm ents, bills of sale, shareholder or subscriber to stop paym ent of any powers of attorney, guarantees, endorsem check or draft m ade or drawn by such custom er, ents or other obligations upon or in shareholder or subscriber or any Authorized connection with any securities, docum ents or Representative of such custom er, shareholder other written instrum ents and which pass or or subscriber, or purport to pass title to such securities, ents; EXCLUDING, losses caused by FORGERY or drawn by any custom er, shareholder or covered under Insuring Agreem ent (E) hereof. Representative of such custom er, shareholder or Securities, docum ents or other written instrum (including original Loss resulting from paym ents of dividends or fund counterparts) negotiable or shares, or withdrawals perm itted from any custom non-negotiable agreem ents which in and of er's, shareholder's or subscriber's account based upon them selves represent an equitable interest, Uncollectible Item s of Deposit of a custom er, ownership, or debt, including an assignm ent shareholder or subscriber credited by the Insured or thereof which instrum ents are in the ordinary the Insured's agent to such custom er's, shareholder's course of business, transferable by delivery of or subscriber's Mutual Fund Account; or such agreem ents with any necessary through an Autom ated Clearing House which is The word "counterfeited" as used in this reversed by the custom er, shareholder or subscriber Insuring Agreem ent shall be deem ed to m and deem ed uncollectible by the Insured. ean any security, docum ent or other written be taken for an original. 15% of the Uncollectible Item s which are deposited. Mechanically produced facsim ile signatures This Insuring Agreem ent applies to all Mutual Funds signatures. exchange program are insured by a National Union Fire (G) COUNTERFEIT CURRENCY Item s of Deposit. Regardless of the num ber of Loss through the receipt by the Insured, in good faith,transactions between Fund(s), the m inim um num ber currencies or coin of the United States of Am erica oras declared in the Fund(s) prospectus shall begin from United States ofAm erica orCanada orissuedFund(s). pursuant to a United States of Am erica or Canadian statute for use as currency. (H) STOP PAYMENT Loss against any and all sum s which the Insured shall becom e obligated to pay by reason of the Liability im posed upon the Insured by law for dam ages: 41206 (9/ 84)3All rights reserved.

 


The Insured shall prom ptly give notice to the this bond, or if a Deductible Am ount is applicable, or whether contained in the application or otherwise, Agreem ent is lim ited to the proportion of court costs that it is true to the best of the knowledge and belief by the Underwriter that the am ount recoverable under The Underwriter will indem nify the Insured against successful, whether or not fully litigated on the m covered under Insuring Agreem ent (A) only while the proceeding brought against the Insured to enforce involving a form er Employee of the Insured be of any loss, claim ordam age which, i es ablished ent, coverage would still apply under Insuring Agreem by the Insured covered under the term s of this bond occurredwhiletheform er Employee perform ed Agreem ent (A) this indem nity shall GENERAL AGREEMENTS A. ADDITIONAL OFFICES OR EMPLOYEES-apply only in the event that CONSOLIDATION OR MERGER-NOTICE(1)an Employee adm its to being guilty of any 1.If the Insured shall, while this bond is indishonest orfraudulentact(s), including force, establish any additional office or offices, Larceny or Em bezzlem ent; or such office or offices shall be autom atically (2) an Employee is adjudicated to be guilty of any covered hereunder from the dates of their dishonest or fraudulent act(s), including establishm ent, respectively. No notice to the Larceny or Em bezzlem ent; Underwriter of an increase during any prem (3) in the absence of (1) or (2) above an arbitration ium period in the num ber of offices or in the panel agrees, after a review of an agreed num ber of Employees at any of the offices statem ent of facts, that an Employee would covered hereunder need be given and no be found guilty of dishonesty if such Em additional prem ium need be paid for the ployee were prosecuted. rem ainder of such prem ium period. 2.If an Investm ent Com pany, nam ed as Insured Underwriter of any such suit or legal proceeding and herein, shall, while this bond is in force, m at the request of the Underwriter shall furnish it with erge or consolidate with, or purchase the copies of all pleadings and other papers therein. At the assets of another institution, coverage for Underwriter's election the Insured shall perm it the such acquisition shall apply autom atically Underwriter to conduct the defense of such suit or from the date of acquisition. The Insured legal proceeding, in the Insured's nam e, through shall notify the Underwriter of such acquisition attorneys of the Underwriter's selection. In such event, within 60 days of said date, and an additional the Insured shall give all reasonable inform ation and prem ium shall be com puted only if such assistance which the Underwriter shall deem acquisition involves additional offices necessary to the proper defense of such suit or legal or employees. proceeding. B. WARRANTY If the am ount of the Insured's liability or alleged No statem ent m ade by or on behalf of the Insured, liability is greater than the am ount recoverable under shall be deem ed to be a warranty of anything except both, the liability of the Underwriter under this General of the person m aking the statem ent. and attorneys' fees incurred and paid by the Insured or C.COURT COSTS AND ATTORNEYS' FEES (Applicable to this bond bears to the total of such am ount plus the am all Insuring Agreem ents or Coverages now or ount which is not so recoverable. Such indem nity shall hereafter form ing part of this bond) be in addition to the Lim it of Liability for the applicable Insuring Agreem ent or Coverage. court costs and reasonable attorneys' fees incurred and D. FORMER EMPLOYEE paid by the Insured in defense, whether or not Acts of an Employee, as defined in this bond, are erits and whether or not settled of any suit or legal Employee is in the Insured's em ploy. Should loss the Insured's liability or alleged liability on account discovered subsequent to the term ination of em ploym against the Insured, would constitute a loss sustained ent (A) if the direct proxim ate cause of the loss provided, however, that with respect to Insuring duties within the scope of his/her employment. 41206 (9/ 84)4All rights reserved.

 


transfer agent or in anyother the respective m eanings stated in this Section: (1) any of the Insured's officers, partners, or Sub-section (9) hereof, and those (2) any of the officers or Employees of any 15, Central Handling of principal assets are acquiredby the (9) any officer, partner or Employee of or purchase of assets predecessor. and d) anadministratorauthorized by perform legal services for the Insured and and/ or other required records, contract, or by any agency furnishing tem or processorsasset forth in Sub-part-tim e basis, and partners, officers and Employees shall corporation authorized by written agreem forallthepurposesofthisbond, as electronic data processor of checks Section 13. THE FOREGOING IN SURING AGREEMENTS AN D GEN ERAL AGREEMEN TS ARE SUB JECT TO THE FOLLOWING CONDITIONS AN D LIMITATIONS: SECTION 1. DEFINITIONSaccounting records of the Insured, but The following term s, as used in this bond, shall haveexcluding any such processor who acts as agencycapacity in issuing checks, (a)"Employee" means:drafts or securities forthe Insured, unlessincluded under Employees, and(8)personsso designated in Section predecessoroftheInsuredwhoseSecurities, and Insured by consolidation or m erger with, a) an investm ent advisor, or capital stock of such b) an underwriter (distributor), c)a transfer agent or shareholder accounting record-keeper, or (3)attorneys retained by the Insured towritten agreem ent to keep financial the Employees of such attorneys while such attorneys or the Employees of such for an Investm ent Com pany nam ed as attorneys are perform ing such servicesInsured while perform ingacts com ing for the Insured, andwithin the scope of the usualdutiesof (4)guest students pursuing their studies oranofficeror Employeeofany duties in any of the Insured's offices, andInvestm ent Com pany nam ed as Insured (5)directors or trustees of the Insured, theherein, or while acting as a m em ber of any investmentadvisor,underwritercomm ittee duly electedor appointed to (distributor), transfer agent, or exam ine or audit or have custody of or shareholder accounting record keeper, or access to the Property of any such Investm adm inistrator authorized by written ent Com pany, provided that only Em agreem ent to keep financial and/ or ployees or partners of a transfer agent, other requi red records, but only while shareholder accounting record-keeper or perform ing acts com ing within the scope adm inistrator which is an affiliated person of the usual duties of an officer or em as defined in the Investm ent Com pany Act ployee or while acting as a m em ber of 1940, of an Investm ent Com pany of any comm ittee duly elected or nam ed as Insured or is an affiliated appointed to exam ine or audit or have person of the adviser, underwriter or custody of or access to the Property of adm inistrator of such Investm ent Com the Insured, and pany, and which is not a bank, shall be (6)any individual or individuals assigned toincludedwithin the definitionof Em perform the usual duties of an Employee ployee. within the prem ises of the Insured, by Each em ployer of tem porary personnel porarypersonnelon a contingent orSections (6) and of Section 1(a) and their (7)each na ural person, partnership orcollectively be deem ed to be one person ent with the Insured to perform servicesexcepting, however, the last paragraph of or other 5All rights reserved. 41206 (9/ 84)

 


(e)"Item s of Deposit" m eans any one or m ore shall not be considered Employees. SECTION 2. EXCLUSIONS U.S. Savings Stam ps, bullion, precious m etals (a) loss effected directly or indirectly by m eans bracelets, gem s, precious and sem i-precious ent, except when covered by Insuring debentures, scrip, certificates, interim (F) or (G). spreads, transfers, coupons, drafts, bills of equivalent body. another with intent to deceive; it does not non-paym ent of, or default upon, any loan without authority, in any capacity, for any ounting to, a loan m ade by or obtained fr m Brokers, or other agents under contract orthe Investm ent Com pany Act of 1940. representatives of the sam e general character checks and drafts. Item s of Deposit shall not be (b) "Property" m eans m oney (i.e.. currency, coin, deem ed uncollectible until the Insured's bank notes, Federal Reserve notes), postage collection procedures have failed. and revenue stam ps, of all kinds and in any form and articles m ade THIS BOND DOES NOT COVER: therefrom , jewelry, watches, necklaces, stones, bonds, securities, evidences of debts, of forgery or alteration of, on or in any instrum receipts, warrants, rights, puts, calls, straddles, Agreem ent (A), (E), exchange, acceptances, notes, checks, (b) loss due to riot or civil comm otion outside the withdrawal orders, m oney orders, United States of Am erica and Canada; or loss warehouse receipts, bills of lading, conditional due to m ilitary, naval or usurped power, war sales contracts, abstracts of title, insurance or insurrection unless such loss occurs in policies, deeds, m ortgages under real estate transit in the circum stances recited in Insuring and/ or chattels and upon interests therein, Agreem ent (D), and unless, when such transit and assignm ents of such policies, m was initiated, there was no knowledge of such ortgages and instrum ents, and other valuable riot, civil comm otion, m ilitary, naval or papers, including books of account and other usurped power, war or insurrection on the records used by the Insured in the conduct of part of any person acting for the Insured in its business, and all other instrum ents sim ilar initiating such transit. to or in the nature of the foregoing including (c) loss, in tim e of peace or war, directly or Electronic Representations of such instrum indirectly caused by or resulting from the ents enum erated above (but excluding all data effects of nuclear fission or fusion or processing records) in which the Insured has an radioactivity; provided, however, that this interest or in which the Insured acquired or paragraph shall not apply to loss resulting from should have acquired an interest by reason of industrial uses of nuclear energy. a predecessor's declared financial condition at (d) loss resulting from any wrongful act or acts of the tim e of the Insured's consolidation or m any person who is a m em ber of the Board erger with, or purchase of the principal assets of Directors of the Insured or a m em ber of of, such predecessor or which are held by the any equivalent body by whatsoever nam e Insured for any purpose or in any capacity and known unless such person is also an Em whether so held by the Insured for any purpose ployee or an elected official, partial owner or or in any capacity and whether so held partner of the Insured in som e other gratuitously or not and whether or not the capacity, nor, in any event, loss resulting from Insured is liable therefor. the act or acts of any person while acting in (c)"Forgery" m eans the signing of the nam e of the capacity of a m em ber of such Board or include the signing of one's own nam e with or (e) loss resulting from the com plete or partial purpose. or transaction in the nature of, or am (d)"Larceny and Em bezzlem ent" as it applies tothe Insured or any of its partners, directors any nam ed Insured m eans those acts as set or Employees, whether authorized or forth in Section 37 of unauthorized and whether procured in good faith or through trick, artifice, fraud or false 41206 (9/ 84)pretenses. unless such 6All rights reserved.

 


unless such indem nity is provided for under orsaleofsecurities,(b)securities the tim e of such paym ent or withdrawal or the m isplacem ent or loss of Property as set Insuring Agreem ent (A). the Property is in the custodyofany arm SECTION 3. ASSIGNMENT OF RIGHTS insuranceandindemnityinforcein This bond is for the use and benefit only of the any person acting as m essenger provided shall not be liable hereunder for was no knowledge by the Insured of any All rights reserved. (2) to do dam age to the prem ises or loss is covered under Insuring Property of the Insured, except when Agreem ent (A), (E) or (F). covered under Insuring Agreem ent (A). (f) loss resulting from any violation by the Insured (k) all costs, fees and other expenses incurred by or by any Employee the Insured in establishing the existence of or (1)of law regulating (a) the issuance, purchase am ount of loss covered under this bond transactions upon Security Exchanges or Insuring Agreem ent (B). over the counter m arket, (c) Investm ent (l) loss resulting from paym ents m ade or Com panies, or (d) Investm ent Advisors, or withdrawals from the account of a custom er (2) of any rule or regulation m ade pursuant of the Insured, shareholder or subscriber to to any such law, unless such loss, in the shares involving funds erroneously credited to absence of such laws, rules or regulations, such account, unless such paym ents are m ade would be covered under Insuring Agreem to or withdrawn by such depositor or ents representative of such person, who i s within (A) or (E). the prem ises of the drawee bank of the (g)loss of Property or loss of privileges throughInsured or within the office of the Insured at forth in Insuring Agreem ent (C) or (D) while unless such paym ent is covered under ored m otor vehicle com pany, unless such loss (m) ) any loss resulting from Uncollectible Item shall be in excess of the am ount recovered or s of Deposit which are drawn from a financial received by the Insured under (a) the Insured's institution outside the fifty states of the United contract with said arm ored m otor vehicle States of Am erica, District of Colum bia, and com pany, (b) insurance carried by said arm territories and possessions of the United ored m otor vehicle com pany for the benefit States of Am erica, and Canada. of users of its service, and (c) all other whatsoever form carried by or for the benefit This bond does not afford coverage in favor of any Em of users of said arm ored m otor vehicle ployers of tem porary personnel or of processors as com pany's service, and then this bond shall set forth in sub-sections (6) and (7) of Section 1(a) of cover only such excess. this bond, as aforesaid, and upon paym ent to the (h) potential incom e, including but not lim ited Insured by the Underwriter on account of any lo ss to interest and dividends, not realized by the through dishonest or fraudulent act(s) including Insured because of a loss covered under this Larceny or Em bezzlem ent comm itted by any of the bond, except as included under Insuring partners, officers or Employees of such Em ployers, Agreement (I). whether acting alone or in collusion with others, an (i) all dam ages of any type for which the Insured assignm ent of such of the Insured's rights and causes is legally liable, except direct com pensatory of action as it m ay have against such Em ployers by dam ages arising from a loss covered under reason of such acts so comm itted shall, to the extent this bond. of such paym ent, be given by the Insured to the (j) loss through the surrender of Property away Underwriter, and the Insured shall execute all papers from an office of the Insured as a result of a necessary to secure to the Underwriter the rights threat herein provided for. (1) to do bodily harm to any person, except SECTION 4. LOSS-NOTICE-PROOF-LEGAL PROCEEDINGS loss of Property in transit in the cus ody of that when such transit was initiated there Insured nam ed in the Declarations and the Underwriter such threat, or 41206 (9/84)7

 


In case of any loss or dam age to Property consisting of recovery of any lo ss hereunder shall not be brought Insured in the conduct of its business, the Underwriter loss is filed with the Underwriter nor after the records are actually reproduced and then for not m ore of such loss, except that any action or proceeding to aterials plus the cost of laborfor the actual against the Insured in any suit m entioned in General furnished by the Insured in order to reproduce such such suit,shall bebegun withintwenty-four m In case of dam age to any office of the Insured, or the construction hereof, such lim itation shall be deem stationery, supplies, equipm ent, safes or vaults period of lim itation perm itted by such law. SECTION 7. LOST SECURITIES not be then known. value of which is in excess of the lim it stated in Item loss sustained by anyone other than the Insured accounts or other records used by the Insured in the unless the Insured, in its sole discretion and at its conduct of its business, for the loss of which a claim option, shall include such loss in the Insured's proof of shall be m ade hereunder, shall be determ ined by the loss. At the earliest practicable m om ent after average m arket value of such Property on the discovery of any loss hereunder the Insured shall give business day next preceding the discovery of such loss; the Underwriter written notice thereof and shall also provided, however, that the value of any Property within six m onths after such discovery furnish to the replaced by the Insured prior to the paym ent of claim Underwriter affirm ative proof of loss with full therefor shall be the actual m arket value at the tim particulars. If claim is m ade under this bond for loss of e of replacem ent; and further provided that in case of securities or shares, the Underwriter shall not be liable a loss or m isplacem ent of interim certificates, unless each of such securities or shares is identified in warrants, rights, or other securities, the production such proof of loss by a certificate or bond num ber or, which is necessary to the exercise of subscription, where such securities or shares are uncertificated, by conversion, redem ption or deposit privileges, the such identification m eans as agreed to by the value thereof shall be the m arket value of such Underwriter. The Underwriter shall have thirty days privileges imm ediately preceding the expiration after notice and proof of loss within which to thereof if said loss or m isplacem ent is not discovered investigate the claim , but where the loss is clear and until after their expiration. If no m arket price is undisputed, settlem ent shall be m ade within forty-quoted for such Property or for such privileges, the eight hours; and this shall apply notwithstanding the value shall be fixed by agreem ent between the parties loss is m ade up wholly or in part of securities of which or by arbitration. duplicates m ay be obtained. Legal proceedings for prior to the expiration of sixty days after such proof of books of accounts or other records used by the expiration of twenty-four m onths from the discovery shall be liable under this bond only if such books or recover hereunder on account of any judgm ent than the cost of blank books, blank pages or other m Agreem ent C or to recover attorneys' fees paid in any transcription or copying of data which shall have been onths from the date upon which the judgm ent in books and other records. such suit shall becom e final. If any lim itation em SECTION 6. VALUATION OF PREMISES AND FURNISHINGS bodied in this bond is prohibited by any law controlling ed to be am ended so as to be equal to the m inim umloss ofordam ageto the furnishings, fixtures, therein, the Underwriter shall not be liable for m ore Discovery occurs when the Insuredthan the actual cash value thereof, or for m ore than (a)becom es aware of facts,orthe actual cost of their replacem ent or repair. The (b)receives written notice of an actual orUnderwriter m ay, at its election, pay such actual cash potential claim by a third party which allegesvalue or m ake such replacem ent or repair. If the that the Insured is liable under circumstance Underwriter and the Insured cannot agree upon such which would cause a reasonable person to assum e that cash value or such cost of replacem ent or repair, such a loss covered by the bond has been or will be incurred shall be determ ined by arbitration. even though the exact am ount or etail of loss m ay SECTION 5. VALUATION OF PROPERTY If the Insured shall sustain a loss of securities the total The value of any Property, except books of 3 of the Declarations of this bond, the liability of the Underwriter shall 41206 (9/ 84) 8All rights reserved.

 


At all tim es prior to term ination hereof this bond shall title and interests in and to said securities. (a) any one act of burglary, robbery or holdup, or issuance of such Lost Instrum ent Bond or Bonds. unknowingly, directly or indirectly, aid or aids burse the Insured in full for the excess portion of such stated in Item 3 of the Declarations of this bond reim bursem entof the Underwriter and losses and shall not be cum ulative in am ounts part of be lim ited to paym ent for, or duplication of, securities such loss within the Deductible Am ount. The Insured having value equal to the lim it stated in Item 3 of the shall execute all necessary papers to secure to the Declarations of this bond. Underwriter the rights provided for herein. If the Underwriter shall m ake paym ent to the Insured SECTION 9. NON-REDUCTION AND NON-ACCUMULATION for any loss of securities, the Insured shall thereupon OF LIABILITY AND TOTAL LIABILITY assign to the Underwriter all of the Insured's rights, continue in force for the lim it stated in the With respect to securities the value of which do not applicable sections of Item 3 of the Declarations of this exceed the Deductible Am ount (at the tim e of the bond notwithstanding any previous loss for which discovery of the loss) and for which the Underwriter the Underwriter m ay have paid or be liable to pay m ay at its sole discretion and option and at the hereunder; PROVIDED, however, that regardless of the request of the Insured issue a Lost Instrum ent Bond or num ber of years this bond shall continue in force and Bonds to effect replacem ent thereof, the Insured will the num ber of prem ium s which shall be payable or pay the usual prem ium charged therefor and will paid, the liability of the Underwriter under this bond indem nify the Underwriter against all loss or expense with respect to all loss resulting from that the Underwriter m ay sustain because of the attem pt thereat, in which no Partner or Em With respect to securities the value of which exceeds ployee is concerned or im plicated shall be the Deductible Am ount (at the tim e of discovery of deem ed to be one loss, or the loss) and for which the Underwriter m ay issue or (b) any one unintentional or negligent act on the arrange for the issuance of a Lost Instrum ent Bond orpart of any one person resulting in dam age Bonds to effect replacem ent thereof, the Insuredtoordestruction or m isplacem ent of agrees that it will pay as prem ium therefor aProperty, shall be deem ed to be one loss, or proportion of the usual prem ium charged therefor,(c)all wrongful acts, other than those specified said proportion being equal to the percentage that thein (a) above, of any one person shall be deem DeductibleAm ount bears to the valueof theed to be one loss, or securities upon discovery of the loss, and that it will (d) all wrongful acts, other than those specified in indem nify the issuer of said Lost Instrum ent Bond or (a) above, of one or m o re persons (which Bonds against all loss and expense that is not dishonest act(s) or act(s) of Larceny or Em recoverable from the Underwriter under the term s bezzlem ent include, but are not lim ited to, and conditions of this INVESTMENT COMPANY BLANKET the failure of an Employee to report such acts BOND subject to the Lim it of Liability hereunder. of others) whose dishonest act or acts SECTION 8. SALVAGE intentionally or unintentionally, knowingly or In case of recovery, whether m ade by the Insured or byin any way, or perm its the continuation of, the the Underwriter, on account of any loss in excess ofdishonest act or acts of any other person or the Lim it of Liability hereunder plus the Deductible Ampersons shall be deem ed to be one loss with ount applicable to such loss from any source other thanthe act or acts of the persons aided, or suretyship, insurance, reinsurance, security or indem(e)any one casualty or event other than those nity taken by or for the benefit of the Underwriter, thespecified in (a), (b), (c) or (d) preceding, shall be net am ount of such recovery, less the actual costsdeem ed to be one loss, and and expenses of m aking sam e, shall be applied to reim shall be lim ited to the applicable Lim it of Liability loss, and the rem ainder, if any, shall be paid first in irrespective of the total am ount of such loss or thereafter in reim bursem ent of the Insured for that from year to year or All rights reserved. 41206 (9/84)9

 


pany nam ed as Insured herein. clause of Section 9 of this bond which is recoverable or effective prior to 60 daysafter receiptof written in excess of the am ount of such other insurance or ediately upon taking over of such Insured by a receiver Liability of this bond applicable to such loss. imm ediately upon the filing of a petition under any The Underwriter shall not be liable under any of the benefit of creditors of the Insured. or imm ediately specified, respectively, in sub-sections (a), (b), (c), (d) erger into another entity, or by disposition of all of its ACCUMULATION OF LIABILITY AND TOTAL to paym ent by the Underwriter of such loss, shall (a) as to any Employee as soon as any partner, the Declarations hereof (herein called Deductible Am Insured, who is not in collusion with such Em for m ore than the applicable Lim it of Liability stated fraudulent act(s),including Larceny or suchEmployee(See from period to period. Deductible Am ount, prem ium s on Lost Instrum ent Sub-section (c) is not applicable to any situation to Bonds as set forth in Section 7. which the language of sub-section (d) applies. There shall be no deductible applicable to any loss under SECTION 10. LIMIT OF LIABILITY Insuring Agreem ent A sustained by any Investm ent Com With respect to any loss set forth in the PROVIDED SECTION 13. TERMINATION recovered in whole or in part under any other bonds The Underwriter m ay term inate this bond as an or policies issued by the Underwriter to the Insured or entirety by furnishing written notice specifying the to any predecessor in interest of the Insured and term term ination date which cannot be prior to 60 days inated or cancelled or allowed to expire and in which after the receipt of such written notice by each Investm the period for discovery has not expired at the tim e ent Com pany nam ed as Insured and the Securities and any such loss thereunder is discovered, the total Exchange Comm ission, Washington, D.C. The Insured liability of the Underwriter under this bond and under m ay term inate this bond as an entirety by furnishing other bonds or policies shall not exceed, in the written notice to the Underwriter. When the Insured aggregate, the am ount carried hereunder on such loss cancels, the Insured shall furnish written notice to the or the am ount available to the Insured under such Securities and Exchange Comm ission, Washington. D.C. other bonds or policies, as lim ited by the term s and prior to 60 days before the effective date of the term conditions thereof, for any such loss if the latter am ination. The Underwriter shall notify all other Investm ount be the larger. ent Com panies nam ed as Insured of the receipt of SECTION 11. OTHER INSURANCE such term ination notice and the term ination cannot be If the Insured shall hold, as indem nity against any loss notice by all other Investm ent Com panies. Prem covered hereunder, any valid and enforceable ium s are earned until the term ination date as set insurance or suretyship, the Underwriter shall be liable forth herein. hereunder only for such am ount of such loss which is This Bond will term inate as to any one Insured imm suretyship, not exceeding, however, the Lim it of or other liquidator or by State or Federal officials, or SECTION 12. DEDUCTIBLEStateor Federal statute relative to bankruptcy or reorganization of the Insured, or assignm ent for the Insuring Agreem ents of this bond on account of loss as upon such Insured ceasing to exist, whether through m and (e) of Section 9, NON-REDUCTION AND NON-assets. LIABILITY, unless the am ount of such loss, after The Underwriter shall refund the unearned prem ium deducting the net am ount of all reim bursem ent com puted at short rates in accordance with the and/ or recovery obtained or m ade by the Insured, standard short rate cancellation tables if term inated other than from any bond or policy of insurance by the Insured or pro rata if term inated for any other issued by an insurance com pany and covering such reason. loss, or by the Underwriter on account thereof prior This Bond shall term inate exceed the Deductible Am ount set forth in Item 3 of officer or supervisory Employee of the ount) and then for such excess only, but in no event ployee, shall learn of any dishonest or in Item 3 of the Declarations. Em bezzlem ent on the part of such Em The Insured will bear, in addition to the ployee without prejudice to the loss of any 41206 (9/84)10Property then in transit in the custodyof All rights reserved.

 


SECTION 15. CENTRAL HANDLING OF SECURITIES covered under this bond, from and after the Exchange, Midwest Stock Exchange, Pacific of this bond as an entirety, whether by the Insured or Exchange, hereinafter called Underwriter notice that it desires under this bond an named Corporations, and of any nom discover loss sustainedby the Insured prior to the within the system s for the central handling of shall pay an additional prem ium therefor. in the operation of such system obtained by the Insured, its successor in a recognized service com pany shall be any com pany whole or in part the insurance afforded by this or Corporation on a contract basis. provides coverage for loss sustained prior to without the necessity of the Underwriter giving indemnifyingsuch Corporations,againstsuch additional period of tim e isterm inated, as hereunder only for the Insured's share of such excess any unearned Liability applicable hereunder. Section 16[d]), or premium . (b)as to any Employee 60 days after receipt byThe right to purchase such additional period for the each Insured and by the Securities and discovery of loss m ay not be exercised by any State Exchange Comm ission of a written notice or Federal official or agency, or by any receiver or from the Underwriter of its desire to term liquidator, acting or appointed to take over the Insured's inate this bond as to such Employee, or business for the operation or for the liquidation (c)as to any person, who is a partner, officer orthereof or for any other purpose. Employee of any Electronic Data Processor tim e that the Insured or any partner or Securities included in the system s for the central officer thereof not in collusion with such handling of securities established and m aintained by person shall have knowledge or inform Depository Trust Com pany, Midwest Depository Trust ation that such person has comm itted any Com pany, Pacific Securities Depository Trust Com dishonest or fraudulent act(s), including pany, and Philadelphia Depository Trust Com pany, Larceny or Em bezzlem ent in the service of hereinafter called Corporations, to the extent of the the Insured or otherwise, whether such act be Insured's interest therein as effective by the m aking comm itted before or after the tim e this bond of appropriate entries on the books and records of is effective. such Corporations shall be deem ed to be Property. SECTION 14. RIGHTS AFTER TERMINATION OR The words "Employee" and "Employees" shall be deem CANCELLATION ed to include the officers, partners, clerks and other em At any tim e prior to the term ination or cancellation ployees of the New York Stock Exchange, Boston Stock the Underwriter, the Insured m ay givetotheStock Ex-changeandPhiladelphia Stock additional periodof 12 m onthswithin which toExchanges,andofthe above effective date of such term ination or cancellation andinee in whose nam e is registered any security included securities established and m aintained by such Upon receipt of such notice from theInsured, theCorporations, and any Employee of any recognized Underwriter shall give its written consent thereto;service com pany, while such officers, partners, clerks provided, however, that such additional period ofand other employeesandemployeesof tim e shall term inate imm ediately;service companiesperform (a)on the effective date of any other insuranceservicesforsuch Corporations business orany other party, replacing ins.For the purpose of the above definition bond, whether or not such other insurance providing clerks or other personnel to said Exchanges its effective date, or The Underwriter shall not be liable on account of any (b)upon takeover of the Insured's business byloss(es) in connection with the central handling of any State or Federal official or agency, or by securities within the system s established and m anyreceiverorliquidator,actingoraintained by such Corporations, unless such loss(es) appointed for this purposeshall be in excess of the am ount(s) recoverable or recovered under any bond or policyof insurance notice of such term ination. In the event that suchloss(es), andthenthe Underwriter shall be liable provided above, the Underwritershallrefundloss(es), but in no event for m ore than the Lim it of 41206 (9/ 84) 11All rights reserved.

 


considered as the first nam ed Insured for the Corporations or Exchanges or any nom inee in whose Upon the Insured's obtaining knowledge of a transfer of upon paym ent to the Insured by the Underwriter on change in control (as set forth in Section 2(a) (9) of the ent of such of the Insured's rights and causes of action Insured shall within thirty (30) days of such knowledge shall to the extent of such paym ent, be given by the (a)the nam es of the transferors and transferees executeallpapersnecessarytosecure to the voting securities are requested in another beneficial owners), both imm ediately before person or any com bination of them be included as the (c) the total num ber of outstanding voting ore or all of them shall not xceed the lim it exercise a controlling influence over the m anagem ent or hereunder if all such loss were sustained by All rights reserved. For the purpose of determ ining the Insured's share of receive and enforce paym ent of all claim s excess loss(es) it shall be deem ed that the Insured hereunder and shall be deem ed to be the has an interest in any certificate representing any agent of the others for such purposes and for security included within such system s equivalent to the the giving or receiving of any notice interest the Insured then has in all certificates required or perm itted to be given by the term representing the sam e security included within such s hereof, provided that the Underwriter shall system s and that such Corporations shall use their furnish each nam ed Investm ent Com pany best judgm ent in apportioning the am ount(s) with a copy of the bond and with any am endm recoverable or recovered under any bond or policy of ent thereto, together with a copy of each form insurance indem nifying such Corporations against al filing of the settlem ent of each such claim such loss(es) in connection with the central handling prior to the execution of such settlem ent, of securities within such system s am ong all those(c)the Underwriter shall not be responsible for having an interest as recorded by appropriate entriesthe proper application of any paym ent m ade inthe books and records of such Corporations inhereunder to said first nam ed Insured, Property involved in such loss(es) onthe basis that(d)knowledgepossessedordiscovery m ade each such interest shall share in the am ount(s) soby any partner,officer or supervisory Em recoverable or recovered in the ratio that the value ofployee of any Insured shall for the purposes of each such interest bears to the total value of all suchSection 4 and Section13 ofthis bond interests and that the Insured's share of such excessconstitute knowledge or discovery by all the loss(es) shall be the am ount of the Insured's interest inInsured, and suchPropertyinexcessofthe am ount(s) so(e)if the first nam ed Insuredceasesfor any apportioned to the Insured by such Corporations.reason to be covered under this bond, then This bond does not afford coverage in favor of suchthe Insured next nam ed shall thereafter be nam e is registered any security included within thepurposes of this bond. system s for the central handlingof securitiesSECTION 17. NOTICE AND CHANGE OF CONTROL established and m aintained by such Corporations, and account of any loss(es) within the system s, an assignmits outstanding voting securities which results in a as it m ay have against such Corporations or ExchangesInvestm ent Com pany Act of 1940) of the Insured, the Insured to the Underwriter, andtheInsured shallgive written notice to the Underwriter setting forth: Underwriter the rights provided for herein.(or the nam es of the beneficial owners if the SECTION 16. ADDITIONAL COMPANIES INCLUDEDASnam e),and INSURED(b)the total num ber of voting securities owned If m ore than one corporation, co-partnership orby the transferors and the transferees (or the Insured herein:and after the transfer, and (a)the total liability of the Underwriter hereundersecurities. for loss or losses sustained by any one or mAs used in this section, control m eans the power to for which the Underwriter wouldbeliablepolicies of the Insured. any one of them ,Failure to give the required no ice shall result in term (b)the one first nam ed herein shall be deem edination of coverage of this bond, authorized to m ake, adjust and 41206 (9/84)12

 


ission, Washington, D.C. by the Insured or by the Insured which is an Investm ent Com pany. This bond or any instrum ent am ending or effecting to the Securities and Exchange Comm ission, changes in or m odification thereof shall be effective effective date of any change or m odification which part hereof over the signature of the Underwriter's Company. effective upon the date of stock transfer for any loss in affect the rights of the Investm ent Com pany shall be which any transferee is concerned or im plicated. effective prior to 60 days after written notification has Such notice is not required to be given in the case of an been furnished to the Securities and Exchange Comm Underwriter. If m ore than one Investm ent Com pany SECTION 18. CHANGE OR MODIFICATIONis nam ed as the Insured herein, the Underwriter shall give written notice to each Investm ent Com pany and sam e m ay not be changed or m odified orally. No Washington, D.C. not less than 60 days prior to the unless m ade by written endorsem ent issued to form a would adversely affect the rights of such Investm ent Authorized Representative. When a bond covers only one Investm ent Com pany no change or m odification IN WITNESS WHEREOF, the Underwriter has caused this which would adversely bond to be executed on the Declarations Page. 41206 (9/ 84)13All rights reserved.

 


 

ENDORSEM EN T# 1 This endorsem ent,effective 12:01 am January 16, 2018 form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by N EW YORK AMENDATORY ENDORSEMENT Wherever used in this endorsem ent: 1) "Insurer" m eans the insurance com pany which issued this policy; and 2) "Insured" m eans the Nam ed Corporation, Nam ed Organization, Nam ed Sponsor, Nam ed Insured, Nam ed Entity or Insured stated in the declarations page; The policy is hereby am ended as follows: I. The Cancellation and When We Do Not Renew provisions are deleted and replaced by the following: (a) CANCELLATION BY THE INSURED This policy m ay be cancelled by the Insured by surrender of this policy to the Insurer or by giving written notice to the Insurer stating when thereafter such cancellation shall be effective. The Policy Period term inates at the date and hour specified in such notice, or at the date and tim e of surrender. CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL BY THE INSURER (b) (i) If this policy has been in effect for sixty (60) or fewer days when cancellation notice is m ailed, and this policy is not a renewal of a policy issued by the Insurer, then this policy m ay be cancelled by the Insurer by m ailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than twenty (20) days thereafter (fifteen (15) days thereafter if cancellation is because of one of the reasons for cancellation set forth in subsection (ii) below) the cancellation shall be effective. Notice of cancellation issued by the Insurer shall specify the grounds for cancellation. If this policy has been in effect for m ore than sixty (60) days when notice of cancellation is m ailed, or if this policy is a renewal of a policy issued by the Insurer, then this policy m ay be cancelled by the Insurer by m ailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than fifteen (15) days thereafter the cancellation shall be effective; however, such cancellation m ust be based on one or m ore of the following: (i) (A) nonpaym ent of prem ium , provided, however, that a notice of cancellation on this ground shall inform the first Nam ed Insured of the am ount due; conviction of a crim e arising out of acts increasing the hazard insured against; discovery of fraud or m aterial m isrepresentation in the obtaining of the policy or in the presentation of a claim thereunder; after issuance of the policy or after the last renewal date, discovery of an act or om ission, or a violation of any policy condition, that substantially and m aterially increases the hazard insured against, and which occurred subsequent to inception of the current Policy Period; All rights reserved. END 001 Page 1 of 4 (B) (C) (D) 2-14057 69898 (9/06)

 


EN DORSEMEN T# 1 (continued) (E) m aterial change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, which causes the risk of loss to be substantially and m aterially increased beyond that contem plated at the tim e the policy was issued or last renewed; required pursuant to a determ ination by the New York Superintendent of Insurance that continuation of the present prem ium volum e of the Insurer would jeopardize the Insurer's solvency or be hazardous to the interests of Insureds of the Insurer, its creditors or the public; (F) (G) a determ ination by the New York Superintendent of Insurance that the continuation of the policy would violate, or would place the Insurer in violation of, any provision of the New York Insurance Law; revocation or suspension of an Insured's license to practice hi s profession; or where the Insurer has reason to believe that there is a probable risk or danger that the Insured will destroy or perm it the destruction of the insured property for the purpose of collecting the insurance proceeds, provided, however, that: (H) (I) (1) a notice of cancellation on this ground shall inform the Insured in plain language that the Insured m ust act within ten days if review by the departm ent of the ground for cancellation is desired pursuant to item (3) of this subparagraph (I); (2) notice of cancellation on thisgroundshall beprovided sim ultaneously by the Insurer to the departm ent; and upon written request of the Insured m ade to the departm ent within ten days from the Insured's receipt of notice of cancellation on this ground, the departm ent shall undertake a review of the ground for cancellation to determ ine whether or not the Insurer has satisfied the criteria for (3) cancellation specified in this subparagraph; if after such review the departm ent finds no sufficient cause for cancellation on this ground, the notice of cancellation on this ground shall be deem ed null and void. Notice of cancellation by the Insurer shall specify the grounds for cancellation. (i) (A) The Insurer shall m ail to the Insured, and to his authorized insurance agent or broker, written notice indicating the Insurer's intention: (1) (2) not to renew this policy; to condition its renewal upon change of lim its, change in type of coverage, reduction of coverage, increased deductible or addition of exclusions or upon increased prem ium s in excess of ten percent; (exclusive of any prem ium increase generated as a result of increased exposure units or as a result of experience rating, loss rating, or audit); All rights reserved. END 001 Page 2 of 4 2-14057 69898 (9/06)

 


EN DORSEMEN T# 1 (continued) (3) that the policy will not be renewed or will not be renewed upon the sam e term s, conditions or rates; such alternative renewal notice m ust be m ailed or delivered on a tim ely basis and advise the Insured that a second notice shall be m ailed at a later date indicating the Insurer's intention as specified in subparagraph (1) or (2) of this paragraph (A) and that coverage shall continue on the sam e term s, conditions and rates as expiring, until the later of the expiration date or sixty (60) days after the second notice is m ailed or delivered; such alternative renewal notice also shall advise the insured of the availability of loss inform ation and, upon written request, the request, the insurer shall furnish such loss inform ation within ten (10) days to the insured. (B) A nonrenewal notice as specified in subparagraph (1), a conditional renewal notice as specified in subparagraph (2), and the second notice described in subparagraph (3) of paragraph (A) of this subsection (iii) shall contain the specific reason or reasons for nonrenewal or conditional renewal, and set forth the am ount of any prem ium increase and nature of any other proposed changes. The notice required by paragraph (A) of this subsection (iii) shall be m ailed at least sixty (60) but not m ore than one hundred twenty (120) days in advance of the end of the Policy Period. (C) (D) (1) If the Insurer em ploys an alternative renewal notice as authorized by subparagraph (3) of paragraph (A) of this subsection (iii), the Insurer shall provide coverage on the sam e term s, conditions, and rates as the expiring policy, until the later of the expiration date or sixty (60) days after the m ailing of the second notice described in such subparagraph. Prior to the expiration date of the policy, in the event that an incom plete or late conditional renewal notice or a late nonrenewal notice is provided by the Insurer, the Policy Period shall be extended, at the sam e term s and conditions as the expiring policy, except that the annual aggregate lim it of the expiring policy shall be increased in proportion to the policy extension, and at the lower of the current rates or the prior period's rates, until sixty (60) days after such notice i s m ailed, unless the Insured elects to cancel sooner. In the event that a late conditional renewal notice or a late nonrenewal notice is provided by the insurer on or after the expiration date of the policy, coverage shall rem ain in effect on the sam e term s and conditions of the expiring policy for another required policy period, and at the lower of the current rates or the prior period's rates unless the insured during the additional required policy period has replaced the coverage or elects to cancel, in which event such cancellation shall be on a pro rata prem ium basis. (2) (3) (iv) Nothing herein shall be construed to lim it the grounds for which the Insurer m ay lawfully rescind this policy or decline to pay a claim under this policy. All rights reserved. END 001 Page 3 of 4 2-14057 69898 (9/06)

 


EN DORSEMEN T# 1 (continued) (v) Notice required herein to be m ailed to the Insured shall be m ailed to the Insured at the address shown in Item 1 of the Declarations. Notice required herein to be m ailed by the Insurer shall be sent by registered, certified or other first class m ail. Delivery of written notice shall be equivalent to mailing. Proof of m ailing of such notice as aforesaid shall be sufficient proof of notice. The Policy Period shall term inate at the effective date and hour of cancellation or nonrenewal specified in such notice. If this policy shall be cancelled by the Insured, the Insurer shall retain the custom ary short rate proportion of the prem ium hereon. If this policy shall be cancelled by the Insurer, the Insurer shall retain the pro rata proportion of the prem ium hereon. (vi) Paym ent or tender of any unearned prem ium by the Insurer shall not be of cancellation, but such paym ent shall be m ade as soon as practicable. a condition ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED REPRESENTATIVE All rights reserved. END 001 Page 4 of 4 2-14057 69898 (9/ 06)

 


ENDORSEM EN T# 2 This endorsem ent,effective 12:01 am January 16, 2018 form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by N OTICE OF CLAIM (REPORTIN G B Y E-MAIL) In consideration of the prem ium charged, it is hereby understood and agreed as follows: 1. Email Reporting of Claims: In addition to the postal address set forth for any Notice of Claim Reporting under this policy, such notice m ay also be given in writing pursuant to the policy's other term s and conditions to the Insurer by em ail at the following em ail address: c-claim @AIG.com Your em ail m ust reference the policy num ber for this policy. The date of the Insurer's receipt of the em ailed notice shall constitute the date of notice. In addition to Notice of Claim Reporting via em ail, notice m ay also be given to the Insurer by m ailing such notice to: AIG, Financial Lines Claim s, P.O. Box 25947, Shawnee Mission, KS 66225 or faxing such notice to (866) 227-1750. Definitions: For this endorsem ent only, the following definitions shall apply: 2. (a) "Insurer" m eans the "Insurer," "Underwriter" or "Com pany" or other nam e specifically ascribed in this policy as the insurance com pany or underwriter for this policy. "Notice of Claim Reporting" m eans "notice of claim / circum stance," "notice of loss" or other reference in the policy designated for reporting of claim s, lo ss or occurrences or situations that m ay give rise or result in loss under this policy. "Policy" m eans the policy, bond or other insurance product to which this endorsem ent is attached. (b) (c) 3. This endorsem ent does not apply to any Kidnap & Ransom / Extortion Coverage Section, if any, provided by this policy. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED REPRESENTATIVE All rights reserved. END 002 Page 1 of 1 2-14057 99758 (8/ 08)

 


3 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by ERISA RIDER It is agreed that: 1. The Name of Insured stated in the Declarations is amended to include the following as an Insured under the attached bond: any of the Insured's Employee Welfare or Pension Benefit Plans now existing or hereafter created or acquired which are required to be bonded under the Employee Retirement Income Security Act of 1974 ("ERISA") (as amended). 2. Solely for the purpose of the coverage provided by this rider, the definition of "Employee" is amended to include the following at the end thereof: Employee shall also include any natural person who is a director or trustee of the Insured while such director or trustee is engaged in handling funds or other property of any Employee Welfare or Pension Benefit Plan owned, controlled or operated by the Insured or any natural person who is a trustee, manager, officer or employee of any such Plan. 3. Solely for the purpose of the coverage provided by this rider, if the attached bond, in accordance with the agreements, limitations and conditions thereof, covers loss sustained by two or more Employee Welfare or Pension Benefit Plans or sustained by any such Plan in addition to loss sustained by an Insured other than such Plan, it is the obligation of the Insured or the Plan Administrator(s) of such Plans under Regulations published by the Secretary of Labor implementing Section 13 of the Welfare and Pension Plan Disclosure Act of 1958 to obtain under one or more bonds issued by one or more Insurers an amount of coverage for each such Plan at least equal to that which would be required if such Plans were bonded separately. 4. In compliance with the foregoing, payment by the Underwriter in accordance with the agreements, limitations and conditions of the attached bond shall be held by the Insured, or if more than one by the Insured first named in the Declarations, for the use and benefit of any Employee Welfare or Pension Benefit Plan sustaining loss so covered and to the extent of that such payment is in excess of the amount of coverage required by such Regulations to be carried by said Plan sustaining such loss, such excess shall be held for the use and benefit of any other such Plan also covered in the event that such other Plan discovers that it has sustained loss covered thereunder. 2-14057 101929 (06/09) END 3

 


3 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by 5. If money or other property of two or more Employee Welfare or Pension Benefit Plans covered under the bond is commingled, recovery for loss of such money or other property through fraudulent or dishonest acts of Employees shall be shared by such Plans on a pro rata basis in accordance with the amount for which each such Plan is required to carry bonding coverage in accordance with the applicable provisions of said Regulations. 6. Solely for the purpose of the coverage afforded by this rider, the Deductible Amount stated in the Declarations applicable to loss sustained by a Plan through acts committed by an Employee of the Plan shall be waived, but only up to an amount equal to the amount of coverage required to be carried by the Plan because of compliance with the provisions of ERISA. 7. The attached bond is amended by adding the following section at the end ofthe CONDITIONS AND LIMITATIONS Clause: DISCOVERY PERIOD Upon cancellation or termination of this bond as an entirety (other than cancellation as a result of non-payment of premium), whether by the Insured or by the Underwriter, the Insured shall be entitled to an additional period of twelve (12) months within which to discover loss sustained by a Plan(s) or Plan Official(s) prior to the effective date of such termination or cancellation (hereinafter the "Discovery Period"). The Discovery Period may not be cancelled by the Insured or the Underwriter. Notwithstanding the foregoing, the Discovery Period shall terminate immediately on the effective date of: (a) any renewal bond or policy hereof obtained by the Insured from the Underwriter or another insurance company subsidiary of American International Group, Inc. (AIG); or 2-14057 101929 (06/09) END 3

 


3 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by (b) any other insurance obtained by the Insured, its successor in business or any other party from an insurer other than the Underwriter or another insurance company subsidiary of AIG which replaces, in whole or in part, the insurance afforded by this bond (hereinafter "Replacement Coverage") without the necessity of the Underwriter giving notice of such termination; provided, however, that such Replacement Coverage must provide coverage for loss sustained prior to its effective date. If such Replacement Coverage does not provide coverage for loss sustained prior to its effective date, the Discovery Period shall not immediately terminate. As used in this Section, Plan(s) means any of the Insured's Employee Welfare or Pension Benefit Plans now existing or hereafter created or acquired which may be required to be bonded under the Employee Retirement Income Security Act of1974 (as amended) ("ERISA"). As used in this Section, Plan Official(s) means, with respect to any Plan(s), any person(s) defined as such under ERISA. 8. Nothing contained here shall be held to vary, alter, waive or extend anyof the limitations, conditions, or agreements of the attached bond other than as above stated. terms, 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 3 101929 (06/09)

 


 

4 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective at Policy number 01-112-98-65 form s a part of Issued to: AMERICAN CAPITAL SENIOR FLOATING, LTD. By: National Union Fire Insurance Company of Pittsburgh, Pa. ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided under the following: Coverage shall only be provided and payment of loss under this policy shall only be made in full compliance with enforceable United Nations economic and trade sanctions and the trade and economic sanction laws or regulations of the European Union and the United States of America, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"). ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED REPRESENTATIVE All rights reserved. END 004 Page 1 of 1 2-14057 119679 (9/ 15)

 


5 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. by National Union Fire Insurance Company of Pittsburgh, Pa. N AMED IN SURED AMENDED RIDER (SUBSIDIARY AND JOINT VENTURE) It is agreed that: 1. The Named of Insured listed in Item 1 of the Declarations ("Named Insured") shall also include any entity now or hereafter owned, controlled and/or managed by the Named Insured, provided however that any such entity so included as Insured under this Bond by reason of this rider must be more than fifty percent (50%) owned or controlled and managed by the Named Insured and is subject to the provisions of General Agreement B. If the Named Insured's interest in a joint venture is fifty percent (50%) or less, coverage is limited only to the Insured's interest in such joint venture. If, however, all three of the following conditions apply: (a) (b) (c) the Insured has the largest ownership of any joint venturepartner; the Insured is contractually obligated to manage and supervise the operation; and the Insured's policies and procedures (including, but not limited to, the Insured's internal control policies and procedures) are established and adhered to for operation of the jointventure, then such joint venture will be covered one hundred (100%)percent. 2. Nothing contained here shall be held to vary, alter, waive or extend anyof the limitations, conditions, or agreements of the attached bond other than as above stated. terms, 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 5 101787 (06/09)

 


6 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. by National Union Fire Insurance Company of Pittsburgh, Pa. TERMIN ATION OR CAN CELATION SECTION AMEN DED RIDER (CHANGE "60 DAYS" TO 90 DAYS") It is agreed that: 1. In the first paragraph of the Section entitled "TERMINATION OR CANCELATION" of the attached bond, the words "60 days" are deleted and replaced with the words "90 days." 2. Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 6 101907 (06/09)

 


7 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. by National Union Fire Insurance Company of Pittsburgh, Pa. DISCOVER AN D N OTICE AMEN DED RIDER (60 DAYS) In consideration of the premium charged, it is hereby understood and agreed that this bond is amended as follows: 1. The second sentence of the first paragraph of Section 4. LOSS - NOTICE/ PROOF - LEGAL PROCEEDINGS is deleted in its entirety and replaced with the following: At the earliest practicable moment after discovery of any loss hereunder, not to exceed 60 days after such discovery, the Insured shall give the Underwriter written notice thereof and shall also within six months after such discovery furnish to the Underwriter affirmative proof of loss with full particulars. 2. In General Agreement C. COURT COSTS AND ATTORNEYS' FEES (Applicable to all Insuring Agreements or Coverages now or hereafter forming part of this bond), the first sentence of the second paragraph is deleted in its entirety and replaced with the following: The Insured shall notify the Underwriter at the earliest practicable moment, not to exceed 60 days after notice thereof, of any such suit or legal proceeding and at the request of the Underwriter shall furnish it with copies of all pleadings and other papers therein. 3. Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 7 MNSCPT

 


8 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. by National Union Fire Insurance Company of Pittsburgh, Pa. PROTECTED IN FORMATION EXCLUSION This rider modifies insurance provided under the following: BROKER-DEALER GUARD BOND CREDIT UNION FINANCIAL INSTITUTION FIDELITY BOND FINANCIAL INSTITUTIONS BOND, STANDARD FORM 14 FINANCIAL INSTITUTIONS BOND, STANDARD FORM 15 FINANCIAL INSTITUTIONS BOND, STANDARD FORM 24 FINANCIAL INSTITUTIONS BOND, STANDARD FORM 25 FOLLOW FORM BOND (EXCESS OVER A FIDELITY BOND) INVESTMENT COMPANY BLANKET BOND It is agreed that: 1. Coverage shall not apply to any loss resulting directly or indirectly from the: (a) theft, disappearance or destruction of; (b)unauthorized use or disclosure of; (c) unauthorized access to; or (d) failure to protect any: (i) confidential or non-public;or (ii) personal or personallyidentifiable; information that any person or entity has a duty to protect under any law, rule or regulation, any agreement or any industry guideline or standard. This exclusion shall not apply to the extent that any unauthorized use or disclosure of a password enables a theft by an Employee of the Insured of money, securities or tangible property of the Insured or that the Insured is holding for a third party; provided, however, this exception shall not apply to the extent that such unauthorized use or disclosure of a password enables a theft of or disclosure of information. Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. 2. 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 8 113011 (10/12)

 


9 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective at Policy number 01-112-98-65 form s a part of Issued to: AMERICAN CAPITAL SENIOR FLOATING, LTD. By: National Union Fire Insurance Company of Pittsburgh, Pa. CAN CELLATION AMENDATORY (RETURN PRO RATA) Wherever used herein: (1) "Policy" m eans the policy or bond to which this endorsem ent or rider is m ade part of; (2) "Insurer" m eans the "Insurer," "Underwriter," "Com pany" or other nam e specifically ascribed in this Policy as the insurance com pany or underwriter for this Policy; (3) "Nam ed Entity" m eans the "Nam ed Entity," "Nam ed Corporation," Nam ed Organization," "Nam ed Sponsor," "Nam ed Insured," "First Nam ed Insured," "Insured's Representative," "Policyholder" or equivalent term stated in Item 1 of the Declarations; and (1) "Period" m eans the "Policy Period," "Bond Period" or equivalent term stated in the Declarations. In consideration of the prem ium charged, it is hereby understood and agreed that notwithstanding anything to the contrary in any CANCELLATION or TERMINATION clause of this Policy (and any endorsem ent or rider am ending such cancellation or term ination clause, including but not lim ited to any state cancellation/ non - renewal am endatory attached to this policy), if this Policy shall be canceled by the Nam ed Entity, the Insurer shall return to the Nam ed Entity the unearned pro rata proportion of the as of the effective date of cancellation. prem ium ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED REPRESENTATIVE All rights reserved. END 009 Page 1 of 1 2-14057 101036 (4/ 09)

 


10 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. by National Union Fire Insurance Company of Pittsburgh, Pa. N AMED IN SURED AMENDED RIDER (NEWLY CREATED INVESTMENT COMPANY OR PORTFOLIO) It is agreed that: 1. Item 1. Name of Insured on the Declarations Page shall include any Newly Created Investment Company or Portfolio, provided that the assets of such Newly Created Investment Company or Portfolio do not exceed 15% of the existing investment assets of the Insured first named on Declarations at the time of such investment company's or portfolio's. The Insured shall submit to the Underwriter, by the end of the Bond Period, a list of all Newly Created Investment Companies or Portfolios and copies of any prospectuses and statements of additional 2. information relating to such unless said Newly Created Investment Companies or Portfolios, prospectus and statements of additional information have been previouslysubmitted. Following the end of the Bond Period, any Newly Created Investment Company or Portfolio created during the Bond Period of this Bond, will continue to be an Insured only if the Underwriter is notified as set forth in the above paragraph, the information required herein is provided to the Underwriter, and the Underwriter acknowledges the addition of such newly created Investment Company or portfolio to the Bond by a Rider of this Bond. For purposes of this Rider, "Newly Created Investment Company(ies) or Portfolio(s)" shall mean any investment company or portfolio for which registration with the Securities and Exchange Commission has beendeclared. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Bond other than as stated herein. 3. 4. This Rider shall become effective as of 12:01 a.m. on standard time. 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 10 MNSCPT

 


11 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. by National Union Fire Insurance Company of Pittsburgh, Pa. COMPUTER SYSTEMS FRAUD In consideration of the premium charged the bond is amended asfollows: I. The bond is hereby amended by adding Insuring Agreement (I) to the bond as follows: (I) COMPUTER SYSTEMS Loss resulting directly from a fraudulent (1) entry of Electronic Data or Computer Program into,or (2) change of Electronic Data or Computer Program within any Computer Systems operated by the Insured, whether owned or leased; or any Computer System identified in the application for this bond; or a Computer System first used by the Insured during the Bond Period, as provided by General Agreement A of this bond; provided that the entry or change causes (i) (ii) property to be transferred, paid ordelivered, an account of the Insured, or of its customer, to be added, deleted, debited or credited, or an unauthorized account or a fictitious account to be debited or credited. (iii) II. For the purpose of the coverage afforded by this Insuring Agreement, the following definitions shall be added to the policy: "Fraudulent Entry" or "Fraudulent Change" shall include such entry or change made by an Employee of the Insured acting in good faith: (a) on an instruction from a software contractor who has a written agreement with the Insured to design, implement or service programs for a Computer System covered by this Insuring Agreement, or 2-14057 MNSCPT END 11

 


11 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by (b) on an instruction transmitted by Tested telex or similar means of Tested communication (except a Telefacsimile Device) identified in the application forthisbond purportedly sent automated clearinghouse; by a customer, financial institution or "Computer Program" means a set of related electronic instructions which direct the operations and functions of a computer or devices connected to it which enable the computer or devices to receive, process, store or send Electronic Data; "Computer Systems" means: 1) computers with related peripheral components, including storage components wherever located, 2) systems and applications software, 3) terminal devices, and 4) related communication networks, including the Internet, by which Electronic Data are electronically collected, transmitted, processed, stored and retrieved; "Electronic Data" means facts or information converted to a form usable in a Computer System by Computer Programs, and which is stored on magnetic tapes or disks, or optical storage disks or other bulk media; "Telefacsimile Device" means a machine capable of sending or receiving a duplicate image of a document by means of electronic impulses transmitted through a telephone line and which reproduces the duplicate image on paper; "Tested" means a method of authenticating the contents of a communication by placing a valid test key on it which has been agreed upon between the Insured and a customer, automated clearing house, or another financial institution for the purpose of protecting the integrity of the communication in the ordinary course of business; 2-14057 MNSCPT END 11

 


11 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by "Internet" means worldwide public network of computers, which are commonly referred to as the "internet". III. For the purpose of the coverage afforded by this Insuring Agreement, the following exclusions shall be added to the policy: A. loss resulting directly or indirectly from the assumption of liability by the Insured by contract unless the liability arises from a loss covered by the Computer Systems Insuring Agreement and would be imposed on the Insured regardless of the existence of the contract; B. loss resulting documents or altered directly orindirectly from negotiable instruments, securities, counterfeit, source other written instruments which bear a forged signature, or are or otherwisefraudulent and which are used as documentation in the preparation of Electronic Data or manually keyed into a data terminal; C. loss resulting directly or indirectlyfrom 1) mechanical failure, faulty construction, error in design, latent defect, fire, wear or tear, gradual deterioration, electrical disturbance or electrical surge which affects a Computer System, or 2) failure or breakdown of electronic data processing media, or 3) error or omission in programming or processing; D. loss resulting directly or indirectly from the input of Electronic Data into a Computer System terminal device either on the premises of a customer of the Insured or under the control of such a customer by a person who had authorized access to the customer's authenticationmechanism; E. loss resulting directly from the theft of confidential information 2-14057 MNSCPT END 11

 


11 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by IV. Solely with respect to the coverage afforded by this endorsement, all loss or series of losses involving the fraudulent acts of one individual, or involving fraudulent acts in which one individual is implicated, whether or not that individual is specifically identified, shall be deemed to be one loss and shall be limited to the applicable Limit of Liability stated in Item 3 of the Declarations of this bond irrespective of the total amount of such loss or losses and shall not be cumulative in amounts from year to year or from period to period. A series of losses involving unidentified individuals but arising from the same method of operation shall be deemed to involve the same individual and in that event shall be treated as a one loss and shall be limited to the applicable Limit of Liability as described above. V. Solely with respect tothecoverage afforded by this endorsement, Section 2. EXCLUSIONS (y) is deleted in its entirety. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 11 MNSCPT

 


 

12 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by VOICE IN ITIATED TRAN SFER FRAUD RIDER It is agreed that: 1. The INSURING AGREEMENTS Clause of the attached bond is amended by adding the following additional Insuring Agreement to the end thereof: VOICE INITIATED TRANSFER FRAUD Loss resulting directly from the Insured having, in good faith, transferred Funds from a Customer's account through a Computer System covered under the terms of the Computer System Fraud Insuring Agreement in reliance upon a fraudulent voice instruction transmitted by telephone which was purported to be from: (1) an officer, director, partner or employee of a Customer of the Insured who was authorized by the Customer to instruct the Insured to make suchtransfer; (2) an individual person who is a Customer of the Insured;or (3) an Employee of the Insured in another office of the Insured who was authorized by the Insured to instruct other Employees of the Insured to transfer Funds, and was received by an Employee of the Insured specifically designated to receive and act upon such instructions, but coverage as is afforded by this Insuring Agreement shall only apply if the voice instruction was not from a person described in (1), (2), or (3) above, provided that: (i) such voice instruction was electronically recorded by the Insured and required password(s) or code word(s) given; and (i) if the transfer was in excess of $50,000, call-back according to a prearranged procedure. the voice instruction was verified by a Proof of loss for claim(s) under this Insuring Agreement must include electronic recordings of such voice instructions and the verification call-back, if such call was required. Solely for the purpose of the coverage provided by the VOICE INITIATED TRANSFER FRAUD Insuring Agreement, the following definitions shall apply: 2-14057 MNSCPT END 12

 


12 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by "Customer" means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on voice instructions to make transfers and which has provided the Insured with the names of persons authorized to initiate such transfers and with which the Insured has established an instruction verification mechanism. "Funds" means Money on deposit in an account. 2. Solely for the purpose of the coverage provided bythis Insuring Agreement, Section 2. EXCLUSIONS of the CONDITIONS AND LIMITATIONS Clause is amended to include the following exclusion at the end thereof: loss alleging, arising out of, based upon or attributable to any actual or alleged contractual liability of any Insured under any express contract or agreement; provided, however, that this exclusion shall not apply to liability which would have attached in the absence of such express contract or agreement. 3. Nothing contained here shall be held to vary, alter, waive or extend anyof the limitations, conditions, or agreements of the attached bond other than as above stated. terms, ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 12 MNSCPT

 


13 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by CLAIMS EXPENSE IN SURING AGREEMENT In consideration of the premium charged, it is hereby understood and agreed that the bond is amended by adding Insuring Agreement (J) to the bond as follows: CLAIMS EXPENSE (J) Reasonable expenses (excluding the cost of services rendered by employees of the Insured) necessarily incurred and paid by the Insured in preparing any valid claim for loss, as defined in Insuring Agreements A, B, C, D, E, F, and G and any other valid coverage added by rider, which loss exceeds the Single Loss Deductible Amount of 50,000. established hereunder, then the Insured will bear all such expenses. Ifno lossis The Underwriter's maximum liability for such expenses paid by the Insured in preparing any one such claim shall be limited to $50,0000 which is part of, and not in addition to, the Aggregate Limit of Liability stated on the Declaration Page of this bond. There shall be no coverage hereunder for any expenses arising out of any legal dispute, suit or arbitration withthe Underwriter. coverage is subject to a deductible of $5,000 each and every loss. This Solely for the purpose of the coverage afforded by this rider, Section 2. EXCLUSIONS, paragraph (k) of the CONDITIONS AND LIMITATIONS section is hereby deleted in its entirety. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 13 MNSCPT

 


14 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by TELEFACSIMILE TRAN SFER FRAUD RIDER It is agreed that: 1. The INSURING AGREEMENTS Clause of the attached bond is amended by adding the following additional Insuring Agreement to the end thereof: TELEFACSIMILE TRANSFER FRAUD Loss resulting directly from the Insured having, in good faith, transferredor delivered Funds, Certificated Securities or Uncertificated Securities through a Computer System covered under the terms of the Computer Systems Fraud Insuring Agreement in reliance upon a fraudulent instruction received through a Telefacsimile Device, and which instruction: (1) purports and reasonably appears to have originated from (a) (b) (c) a Customer of theInsured, another financial institution, or another office of theInsured but, in fact, wasnotoriginated by theCustomer or entity whose identification it bears; (2) contains a valid test code which proves to have been used by a person who was not authorized to make use of it; and (3) contains the name of a person authorized to initiate suchtransfer, provided that, if the transfer was in excess of $50,000, the instruction was verified by a call-back according to a prearranged procedure. 2. Solely with respect to the TELEFACSIMILE TRANSFER FRAUD Insuring Agreement, the following Definitions are added to the bond: (i) Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on Telefacsimile Device instructions to initiate transfers and has provided the Insured with the names of persons authorized to initiate such transfers, and with which the Insured has established an instruction verification mechanism, and Funds means Money on deposit in an account. 2-14057 MNSCPT END 14

 


14 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by (i) Telefacsimile Device means a machine capable of sending or receiving a duplicate image of a document by means of electronic impulses transmitted through a telephone line and which reproduces the duplicate image on paper. 3. The TELEFACSIMILE TRANSFER FRAUD Insuring Agreement does not cover loss resulting directly or indirectly from the assumption of liability by the Insured by contract, unless the by liability arises from a loss otherwise covered the TELEFACSIMILE TRANSFER FRAUD Insuring Agreement and would be imposed on the Insured regardless of the existence of the contract. 4. Solely for the purpose of the TELEFACSIMILE TRANSFER FRAUD Insuring Agreement, proof of loss for a claim must include a copy of the document reproduced by the Telefacsimile Device. 5. Solely for the purpose of the TELEFACSIMILE TRANSFER FRAUD Insuring Agreement, exclusion (y) of Section 2. EXCLUSIONS of the CONDITIONS AND LIMITATIONS Clause is deleted in its entirety. 6. Nothing contained here shall be held to vary, alter, waive or extend anyof the limitations, conditions, or agreements of the attached bond other than as above stated. terms, ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 14 MNSCPT

 


15 EN DORSEMEN T# 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by FRAUDULENT TRAN SFER IN STRUCTIONS VIA EMAIL 1. It is agreed that the following Insuring Agreement is added to the above Bond: Loss resulting directly from the Insured having, in good faith, transferred Money on deposit in a Customer's account, or a Customer's Certificated Securities, in reliance upon a fraudulent instruction transmitted to the Insured via electronic mail; provided, however that (1) The fraudulent originated from: (a) such Customer, instruction purports, and reasonably appears, to have (b) an Employee acting on instructions of such Customer;or (c) another financial institution acting on behalf of such Customer with authority to make such instructions; and The sender of the fraudulent instruction verified the instruction with the password, PIN, or other security code of such Customer; and The sender was not, in fact, such Customer, was not authorized to act on behalf of such Customer, and was not an Employee of the Insured;and The instruction was received by an Employee of the Insured specifically authorized by the Insured to receive and act upon such instructions; and For any transfer exceeding the amount set forth in item 8 of this Rider, the Insured verified the instruction via a call back to a predetermined telephone number set forth in the Insured's Written agreement with such Customer or other verification procedure approved in writing by theUnderwriter; and The Insured preserved a contemporaneous record of the call back, if any, and of the instruction which verifies use of the authorized password, PIN or other security code of the Customer. (2) (3) (4) (5) (6) 2. As used in this Rider, the following terms shall have the following meanings: "Certificated Security" means a share, participation or other interest in property of or an enterprise of the issuer or an obligation of the issuer, which is: (1) (2) represented by a Written instrument issued in bearer or registeredform; of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and either one of a class or series or by its terms divisible into a class or series of shares, participations, interests orobligations. (3) 2-14057 MNSCPT END 15

 


15 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by "Customer" means a natural person or entity which has a Written agreement with the Insured authorizing the Insured to transfer Money on deposit in an account or Certificated Securities in reliance upon instructions transmitted to the Insured via the means utilized to transmit the fraudulentinstruction. "Money" means a medium of exchange in current use authorized or adopted by a domestic or foreign government as a part of its currency. "Written" means expressed through letters or marks placed upon paper and visible to the eye. 3. It shall be a condition precedent to coverage under this Insuring Agreement that the Insured assert any available claims, offsets or defenses against such Customer, any financial institution or any other party to the transaction. The following additional Exclusions are added to the Bond applicable only to this Insuring Agreement: 4. (a) loss resulting directly or indirectly from a fraudulent instruction if the sender, or anyone acting in collusion with the sender, ever had authorized access to such Customer's password, PIN or other security code; and (b) loss resulting directly or indirectly from the fraudulent alteration of an instruction to initiate an automated clearing house (ACH) entry, or group of ACH entries, transmitted as an electronic message, or as an attachment to an electronic message, sent via the Internet, unless: (1) each ACH entry was individually verified via the call back procedure without regard to the amount of the entry; or (2) the instruction was formatted, encoded or encrypted so that any alteration in the ACH entry or group of ACH entries would be apparent to the Insured. 5. Liability of the Underwriter under this Insuring Agreement shall be a part of, not in addition to, the Aggregate Limit of Liability of this Bond. 2-14057 MNSCPT END 15

 


15 EN DORSEMEN T# (Continued) 12:01 am January 16, 2018 This endorsem ent, effective form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by 6. For purposes of this Insuring Agreement, all loss or losses involving one natural person or entity, or one group of natural persons or entities acting together, shall be a Single Loss without regard to the number of transfers or the number of instructions involved. A series of losses involving unidentified natural persons or entities but arising from the same method of operation shall be deemed to involve the same natural person or entity and shall be treated as SingleLoss. 7. The Single Loss Limit of Liability applicable to loss under this Insuring Agreement is: $1,000,000, and the Single Loss Deductible applicable to loss under this Insuring Agreement is $50,000. 8. The amount of any single transfer for which verification via a call back will be required is: $50,000 9. This rider shall become effective as of 12:01 a.m. on 01/16/2016 2-14057 AUTHORIZED REPRESENTATIVE © All rights reserved. END 15 MNSCPT

 


ENDORSEM EN T# 16 This endorsem ent,effective 12:01 am January 16, 2018 form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. by N EW YORK AMENDATORY ENDORSEMENT - N Y STATUTE 3420 Wherever used in this endorsem ent: 1) "we", "us", "our" and "Insurer" m ean the insurance com pany which issued this policy; 2) "you", "your", "Insured" and "first Nam ed Insured" m ean the Nam ed Corporation, Nam ed Entity, Nam ed Organization, Nam ed Sponsor, Nam ed Insured, or Insured stated in the declarations page; 3) "other insured(s)" m eans all other persons or entities afforded coverage under the policy; 4) "Discovery Period" m eans Discovery Period or Extended Reporting Period, as defined in the policy; and 5) "Claim " m eans Claim or Suit as defined in the policy. It is hereby understood and agreed that the policy is amended as follows: A. The following provisions are hereby added to the policy: FAILURE TO GIVE N OTICE WITHIN PRESCRIB ED TIME: Failure to give any notice required to be given by this policy, or any policy of which this is a renewal, within the prescribed tim e shall not invalidate any Claim m ade against an Insured if: (a) it shall be shown not to have been reasonably possible to give notice within the prescribed tim e and that notice was given as soon as was reasonably possible thereafter; or the failure to provide tim ely notice has not prejudiced the Insurer. (b) Any such Claim shall be deem ed to have been first m ade against the Insured and noticed to the Insurer within the Policy Period or Discovery Period of the policy issued by the Insurer (the "Noticed Policy") in which the Insurer received notice of the Claim ; provided that the coverage afforded with respect to the Noticed Policy shall be in an am ount not greater than the am ount of coverage afforded with respect to the Policy Period of the policy issued by the Insurer (the "Form er Policy") in which the Claim was actually first m ade against the Insured. The foregoing sentence m ay result in (but not be lim ited to): (1) reducing the lim it of liability available for such a Claim to the available lim it of liability applicable to the Form er Policy; (2) increasing the applicable retention am ount to that retention am ount applicable to the Form er Policy; or (3) reducing or elim inating coverage due to exclusions or other restrictions appearing in the Form er Policy but elim inated, in part or in whole, in the Noticed Policy. No coverage shall be afforded under this endorsem ent if there was not in existence a Form er Policy at the tim e the Claim was actually first m ade against the Insured. With respect to subsection (b) above, any such Claim m ust be noticed during the Policy Period or Discovery Period of a Noticed Policy which is a renewal or extension of the Form er Policy. Nothing in this endorsem ent shall be construed to provide coverage for a Claim under m ore than one Policy Period or Discovery Period. PREJUDICE: All rights reserved. END 016 Page 1 of 2 2-14057 83231 (1/09)

 


ENDORSEM EN T# 16 (continued) In the event that the Insurer alleges that it was prejudiced as a result of a failure to give notice within the tim e required under the policy, the burden of proof shall be on: (a) the Insurer to prove that it has been prejudiced, if the notice was provided within two years of the tim e required under the policy; or the Insured to prove that the Insurer has not been prejudiced, if the notice was provided m ore than two years after the tim e required under the policy. (b) The Insurer's rights shall not be deem ed prejudiced unless the failure to tim ely provide notice m aterially im pairs the ability of the Insurer to investigate or defend the Claim. Notwithstanding the above, an irrebuttable presum ption of prejudice shall apply if, prior to the notice, the Insured's liability has been determ ined by a court of com petent jurisdiction or by a binding arbitration; or if the Insured has resolved the Claim by settlem ent or other com prom ise. N OTICE TO AGEN T: Notice given by or on behalf of the Insured, or written notice by or on behalf of the injured party or any other claim ant, to any licensed agent of the Insurer in the state of New York, with particulars sufficient to identify the Insured, shall be deem ed notice to the Insurer. IN SOLVENCY/ B AN KRUPTCY OF IN SURED: The insolvency or bankruptcy of the Insured shall not relieve the Insurer of its obligations under this policy as long as all policy requirem ents are m et by Insured, its trustee or receiver in bankruptcy. Should a covered judgm ent be rendered against an insolvent or bankrupt Insured, the Insurer shall be liable for the am ount of such judgm ent not to exceed the applicable lim it of liability under this policy. B. The Clause entitled, "Action Aga inst Us " or "Action Against Company" is deleted in its entirety and replaced with the following: No one m ay bring an action against us unless there has been full com pliance with all the term s of this policy and the am ount of the Insured's obligation to pay has been finally determ ined either by: 1. judgm ent against the Insured which rem ains unsatisfied at the expiration of thirty (30) days from the service of notice of entry of the judgm ent upon the Insured and upon us; or written agreem ent of the Insured, the claim ant and us. 2. Any person or organization or legal representative thereof who has secured such judgm ent or written agreem ent shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. We m ay not be im pleaded by the Insured or its legal representative in any legal action brought against the Insured by any person or organization. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED REPRESENTATIVE All rights reserved. END 016 Page 2 of 2 2-14057 83231 (1/09)

 


ENDORSEM EN T# 17 12:01 am January 16, 2018 This endorsem ent, effective at Policy number 01-112-98-65 form s a part of Issued to: AMERICAN CAPITAL SENIOR FLOATING, LTD. By: National Union Fire Insurance Company of Pittsburgh, Pa. NEW YORK PUNITIVE DAMAGES AMENDATORY ENDORSEMENT It is hereby understood and agreed that notwithstanding anything to the contrary herein, any coverage for punitive, exemplary and multiplied damages shall not apply if uninsurable under the law pursuant to which this policy shall be construed. This policy shall be construed under the laws of the state where: (1) the act or occurrence giving rise to such punitive, exemplary or multiple damages actually or allegedly occurred; (2) the claim seeking such punitive, exemplary or multiplied damages was brought; (3) the judgment or damages were awarded; or (4) the individual subject to such punitive, exemplary or multiple damages resides, or where an entity that is subject to such punitive, exemplary or multiple damages is incorporated or has its principal place of business. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED REPRESENTATIVE All rights reserved. END 017 Page 1 of 1 2-14057 127071 (9/ 17)

 


ENDORSEM EN T# 18 This endorsem ent, effective 12:01 am January 16, 2018 form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. FORMS INDEX ENDORSEMENT by The contents of the Policy is comprised of the following forms: All rights reserved. END 018 2-14057 78859 (10/ 01) Page 1 of 2 FORM NUMBER EDITION DATE FORM TITLE 41205 41206 69898 99758 101929 119679 101787 101907 MNSCPT 113011 101036 MNSCPT MNSCPT MNSCPT MNSCPT MNSCPT MNSCPT 83231 127071 78859 04/95 09/84 09/06 08/08 06/09 09/15 06/09 06/09 10/12 04/09 01/09 09/17 10/01 INVESTMENT COMPANY BLANKET BOND - DEC PAGE Investment Company Blanket Bond guts NEW YORK AMENDATORY - CANCELLATION/NONRENEWAL NOTICE OF CLAIM (REPORTING BY E-MAIL) ERISA RIDER ECONOMIC SANCTIONS ENDORSEMENT NAMED INSURED AMENDED RIDER TERMINATION OR CANCELATION SECTION AMENDED RIDER DISCOVER AND NOTICE AMENDED RIDER PROTECTED INFORMATION EXCLUSION CANCELLATION AMENDATORY (RETURN PRO RATA) NAMED INSURED AMENDED RIDER COMPUTER SYSTEMS FRAUD VOICE INITIATED TRANSFER FRAUD RIDER CLAIMS EXPENSE INSURING AGREEMENT TELEFACSIMILE TRANSFER FRAUD RIDER FRAUDULENT TRANSFER INSTRUCTIONS VIA EMAIL NEW YORK LAW 3420 AMENDATORY ENDORSEMENT NEW YORK PUNITIVE DAMAGES AMENDATORY ENDORSEMENT FORMS INDEX ENDORSEMENT

 


ENDORSEM EN T# 18 This endorsem ent, effective 12:01 am January 16, 2018 form s a part of 01-112-98-65 policy number issued to AMERICAN CAPITAL SENIOR FLOATING, LTD. National Union Fire Insurance Company of Pittsburgh, Pa. FORMS INDEX ENDORSEMENT by The contents of the Policy is comprised of the following forms: ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED REPRESENTATIVE 2-14057 78859 (10/ 01) END 018 Page 2 of 2 FORM NUMBER EDITION DATE FORM TITLE

 


 

CLAIM REPORTING FORM National Union Fire Insurance Company Of Pittsburgh, Pa. Issuing Company: 01-112-98-65 Reported under Policy/Bond Number: Date: D&O E&O Fidelity (complete the Fidelity Supplemental on Type of Coverage: the next page) Insured's Name, as given on Policy Declarations (Face Page): AMERICAN CAPITAL SENIOR FLOATING, LTD. Contact Person: Title: Phone: ( ) - Ext eMail: @ Case or Claimant Name: If the party involved is different from "Insured" Name (as given on Policy Declarations) state relationship: AON RISK SERVICES NORTHEAST INC Insurance Broker/Agent: Address:199 WATER ST, NEW YORK, NY 10038-3526 Address: Contact:Kelso Davis Phone: Ext eMail: Kelso.Davis@aon.com Send Notice of Claims to: Phone: Fax: Email: (888) 602-5246 (866) 227-1750 c-Claim@AIG.com AIG Financial Lines Claims P.O. Box 25947 Shawnee Mission, KS 66225

 


CLAIM REPORTING FORM FIDELITY SUPPLEMENTAL (Only complete this supplemental if the Claim is being reported under Fidelity Coverage) National Union Fire Insurance Company Of Pittsburgh, Pa. Issuing Company: 01-112-95-68 Reported under Policy/Bond Number: Date of Discovery: Estimated Amount of loss: Cause of Loss: Computer Fraud Employee Dishonesty Funds Transfer Robbery/Burglary ID Theft Forgery Client Property In Transit ERISA Credit Card Forgery Other if Other, describe: Send Notice Of Claims To: AIG Financial Lines Claims P.O. Box 25947 Shawnee Mission, KS 66225 Phone: Fax: Email: (888) 602-5246 (866) 227-1750 c-Claim@AIG.com

 


 

CERTIFICATE OF SECRETARY

 

The undersigned, Ian P. Fitzgerald, Vice President, General Counsel and Secretary of American Capital Senior Floating, Ltd., a Maryland corporation (the “Corporation”), does hereby certify that:

 

1.                                      This certificate is being delivered to the Securities and Exchange Commission (the “SEC”) in connection with the filing of the Corporation’s fidelity bond (the “Bond”) pursuant to Rule 17g-1 of the Investment Company Act of 1940, as amended (the “1940 Act”), and the SEC is entitled to rely on this certificate for purposes of the filing.

 

2.                                      The undersigned is the duly elected, qualified and acting Vice President, General Counsel and Secretary of the Corporation, has custody of the corporate records of the Corporation and is a proper officer to make this certification.

 

3.                                      Attached hereto as Exhibit A is a copy of the resolutions approved by a majority of the Board of the Directors who are not “interested persons” of the Corporation within the meaning of Section 2(a)(19) of the 1940 Act, approving the amount, type, form and coverage of the Bond.

 

4.                                      Premiums have been paid for the period January 16, 2018 to January 16, 2019.

 

IN WITNESS WHEREOF, the undersigned has caused this certificate to be executed this 13th day of February, 2018.

 

 

 

/s/ Ian P. Fitzgerald

 

Ian P. Fitzgerald

 

Vice President, General Counsel and Secretary

 



 

EXHIBIT A

 

Approval Fidelity Bond

 

WHEREAS, the Corporation desires to renew its existing Bond;

 

WHEREAS, the Board has reviewed and discussed the proposed renewal of the Bond;

 

WHEREAS, in accordance with the Corporation’s Fidelity Bond Coverage Policy (the “Coverage Policy”), the Corporation’s Chief Financial Officer has recommended certain levels of fidelity bond coverage to satisfy Rule 17g-1 of the 1940 Act; and

 

WHEREAS, Board approval is being sought in accordance with the Coverage Policy.

 

NOW, THEREFORE, BE IT RESOLVED, that the Officers be, and each of them hereby is, authorized to renew the Bond, having an aggregate coverage of at least $1,000,000 issued by reputable insurance companies, against larceny and embezzlement and such other types of losses as are included in standard fidelity bonds, covering the officers and the other employees of the Corporation from time to time, and containing such provisions as may be required by the rules promulgated under the 1940 Act;

 

RESOLVED FURTHER, that the Corporation’s participation in the Bond is in the best interests of the Corporation;

 

RESOLVED FURTHER, that the proposed form and amount of the Bond be, and the same hereby are, approved by the Board, and separately, a majority of the directors who are not “interested persons” of the Corporation within the meaning of the 1940 Act, based on factors including, but not limited to, the amount of the Bond, the expected value of the assets of the Corporation to which any person covered under the Bond may have access, the estimated amount of the premium for the Bond, the type and terms of the arrangements made for the custody and safekeeping of the Corporation’s assets and the nature of the securities in the Corporation’s portfolio;

 

RESOLVED FURTHER, that Officers be, and each of them hereby is, authorized to obtain the Bond and direct the Corporation to pay the premium therefor;

 

RESOLVED FURTHER, that the Secretary or any Assistant Secretary of the Corporation be, and hereby is, designated as the party responsible for making the necessary filings and giving the notices with respect to the Bond required by paragraph (g) of Rule 17g-1 under the 1940 Act; and

 

RESOLVED FURTHER, that the Officers be, and each of them hereby is, authorized, empowered and directed, in the name and on behalf of the Corporation, to prepare and execute any further agreements and documents and take any actions that such Officer determines to be necessary, advisable or appropriate to effect the foregoing resolutions, any such determination to be conclusively evidenced by the taking of any such action.