91222
(7/06)
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A capital stock
company
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POLICY
NUMBER: 01-571-44-64
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REPLACEMENT
OF POLICY NUMBER:
00-010-77-39
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ITEM 1.
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Name of
Insured (herein called Insured):
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MVC
Capital, Inc.
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Principal
Address:
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287
BOWMAN AVENUE
2ND
FLOOR
PURCHASE,
NY
10577
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ITEM
2.
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Bond
Period: from 12:0l a.m. February 14, 2009 to February 14, 2010 the
effective date of the termination or cancellation of this bond, standard
time at the Principal Address as to each of said dates.
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ITEM
3.
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Limit
of Liability -
Subject to Sections 9, 10 and 12
hereof,
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Single
Loss
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Single
Loss
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||
Limit
of Liability
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Deductible
|
||
lnsuring
Agreement A (Fidelity) -
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$5,000,000
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$ Nil
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lnsuring
Agreement B (Audit Expense) -
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$25,000
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$5,000
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lnsuring
Agreement C (On Premises)-
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$5,000,000
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$100,000
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lnsuring
Agreement D (In Transit) -
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$5,000,000
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$100,000
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lnsuring
Agreement E (Forgery or Alteration) -
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$5,000,000
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$100,000
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lnsuring
Agreement I (Uncollectible Items of Deposit) -
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$100,000
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$5,000
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Additional
Coverages:
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|||
lnsuring
Agreement (J)
Computer Systems
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$5,000,000
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$100,000
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lnsuring
Agreement (M) Unauthorized :Signatures
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$100,000
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$5,000
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If "Not Covered" is inserted above opposite any specified lnsuring Agreement or Coverage, such lnsuring Agreement or Coverage and any other reference thereto in this bond shall be deemed to be deleted therefrom. |
2-14057
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ITEM 4.
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Offices or Premises
Covered-Offices acquired or established subsequent to the effective date
of this bond are covered according to the terms of General Agreement A.
All the 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: No Exceptions
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ITEM
5.
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The liability of the Underwriter
is subject to the terms of the following riders attached thereto: :
Endorsement #1,
#2, #3, #4, #5, #6, #7,
#8,
#9.
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ITEM 6.
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The
Insured by the acceptance of this bond gives to the Underwriter
terminating or canceling prior bond(s) or policy(ies) No.(s) 00-010-77-39
such termination or cancellation to be effective as of the time this bond
becomes effective.
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2-14057
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2-14057
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A capital stock
company
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(a)
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to
cause the Insured to sustain such loss;
and
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(b)
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to
obtain financial benefit for the Employee or for any other person or
organization intended by the Employee to receive such benefit, other than
salaries, commissions, fees, bonuses, promotions, awards, profit sharing,
pensions or other employee benefits earned in the normal course of
employment.
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(1)
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Loss
of or damage to, furnishings, fixtures, stationery, supplies or equipment,
within any of the insured’s offices covered under this bond caused by
Larceny or theft in , or by burglary, robbery or holdup of such office, or
attempt thereat, or by vandalism or malicious mischief;
or
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(2)
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loss
through damage to any such office by larceny or theft in, or by burglary,
robbery or hold-up of such office or attempt thereat, or to the interior
of any such office by vandalism or malicious mischief provided, in any
event, that the Insured is the owner of such offices, furnishings,
fixtures, stationery, supplies or equipment or is legally liable for such
loss or damage, - always excepting, however, all loss or damage through
fire.
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(1)
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through
the Insured’s having, in good faith an din the course of business, whether
for its own account or for the account of others, in any representative,
fiduciary, agency or any other capacity, either gratuitously or otherwise,
purchased or otherwise acquired, accepted or received, or sold or
delivered, or given any value, extended any credit or assumed any
liability, on the faith of, or otherwise acted upon, any securities,
documents or other written instruments which prove to have
been
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(a)
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counterfeited,
or
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(b)
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forged
as to the signature of any maker, drawer, issuer, endorser, assignor,
lessee, transfer agent or registrar, acceptor, surety or guarantor or as
to the signature of any person signing in any other capacity,
or
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(c)
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raised
or otherwise altered, or lost, or stolen,
or
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(2)
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through
the Insured’s having, in good faith and in the course of business,
guaranteed in writing or witnessed any signatures whether for valuable
consideration or not and whether or not such guaranteeing or witnessing is
ultra vires the Insured, upon any transfers, assignments, bills of sale,
powers of attorney, guarantees, endorsements or other obligations upon or
in connection with any securities, documents or other written instruments
and which pass or purport to pass title to such securities, documents or
other written instruments; EXCLUDING, losses caused by FORGERY or
ALTERATION of, on or in those instruments covered under Insuring Agreement
(E) hereof.
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Securities, documents or other written instruments shall be deemed to mean original (including original counterparts) negotiable or non-negotiable agreements which in and of themselves represent an equitable interest, ownership, or debt, including an assignment thereof which instruments are in the ordinary course of business, transferable by delivery of such agreements with any necessary endorsement or assignment. | |
The word “counterfeited” as used in this Insuring Agreement shall be deemed to mean any security, document or other written instrument which is intended to deceive and to be taken for an original. | |
Mechanically reproduced facsimile signatures are treated the same as handwritten signatures. |
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For
having either complied wit or failed to comply with any written notice of
any customer, shareholder or subscriber of the Insured or any Authorized
Representative of such customer, shareholder or subscriber to stop payment
of any check or draft made or drawn by such customer, shareholder or
subscriber or any Authorized Representative of such customer, shareholder
or subscriber, or
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For
having refused to pay any check or draft made or drawn by any customer,
shareholder or subscriber of the Insured or any Authorized Representative
of such customer, shareholder or
subscriber.
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1.
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If
the Insured shall, while this bond is in force, establish any additional
office or offices, such office or offices shall be automatically covered
hereunder from the dated of their establishment,
respectively. No notice to the Underwriter or an increase
during any premium period in the number of offices or in the number of
Employees at any of the offices covered hereunder need be given and no
additional premium need be paid for the remainder of such premium
period.
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2.
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If
an Investment Company, named as Insured herein, shall, while this bond is
in force, merge or consolidate with, or purchase the assets of another
institution, coverage for such acquisition shall apply automatically from
the date of acquisition. The Insured shall notify the
Underwriter of such acquisition within 60 days of said date, and an
additional premium shall be computed only if such acquisition involves
additional offices or employees.
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(1)
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an
Employee admits to being guilty of any dishonest or fraudulent act(s),
including Larceny or Embezzlement; or
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(2) | an Employee is adjudicated to be guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement; | |
(3) | in the absence of (1) or (2) above an arbitration panel agrees, after a review of an agreed statement of facts, that an Employee would be found guilty of dishonesty if such Employee were prosecuted. |
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(1)
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any
of the Insured’s officers, partners, or employees,
and
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(2)
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any
of the officers or employees of any predecessor of the Insured whose
principal assets are acquired by the Insured by consolidation or merger
with, or purchase of assets or capital stock of such predecessor,
and
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(3)
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attorneys
retained by the Insured to perform legal services for the Insured and the
employees of such attorneys while such attorneys or the employees of such
attorneys are performing such services for the Insured,
and
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(4)
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guest
students pursuing their studies or duties in any of the Insured’s offices,
and
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(5)
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directors
or trustees of the Insured, the investment advisor, underwriter
(distributor), transfer agent, or shareholder accounting record keeper, or
administrator authorized by written agreement to keep financial and/or
other required records, but only while performing acts coming within the
scope of the usual duties of an officer or employee or while acting as a
member of any committee duly elected or appointed to examine or audit or
have custody of or access to the Property of the Insured,
and
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(6)
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any
individual or individuals assigned to perform the usual duties of an
employee within the premises of the Insured, by contract, or by any agency
furnishing temporary personnel on a contingent or part-time basis,
and
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(7)
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each
natural person, partnership or corporation authorized by written agreement
with the Insured to perform services as electronic data processor of
checks or other accounting records of the Insured, but excluding any such
processor who acts as transfer agent or in any other agency capacity in
issuing checks, drafts or securities for the Insured, unless included
under Sub-section (9) hereof, and
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(8)
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those
persons so designated in Section 15, Central Handling of Securities
and
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(9)
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any
officer, partner or Employee of
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a)
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an
investment advisor
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b)
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an
underwriter (distributor)
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c)
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a
transfer agent or shareholder accounting record-keeper,
or
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d)
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an
administrator authorized by written agreement to keep financial and/or
other required records,
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Brokers,
or other agents under contract or representatives of the same general
character shall not be considered
Employees.
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(b)
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“Property”
means money (i.e., currency, coin, bank notes, Federal Reserve notes),
postage and revenue stamps, U.S. Savings Stamps, bullion, precious metals
of all kinds and in any form and articles made therefrom , jewelry,
watches, necklaces, bracelets, gems, precious and semi-precious stones,
bonds, securities, evidences of debs, debentures, scrip, certificates,
interim receipts, warrants, rights, puts, calls, straddles, spreads,
transfers, coupons, drafts, bills of exchange, acceptances, notes, checks,
withdrawal orders, money orders, warehouse receipts, bills of lading,
conditional sales contracts, abstracts of title insurance policies, deeds,
mortgages, and instruments, and other valuable papers, including books of
accounting and other records used by the Insured in the conduct of its
business, and all other instruments similar to or in the nature of the
foregoing including Electronic Representations of such Instruments
enumerated above (but excluding al data processing records) in which the
Insured has an interest or in which the Insured acquired or should have
acquired an interest by reason of a predecessor’s declared financial
condition at the time of the Insured’s consolidation or merger with, or
purchase of the principal assets of, such predecessor or which are held by
the Insured for any purpose or in any capacity and whether so held by the
Insured for any purpose or in any capacity and whether so held
gratuitously or not and whether or not the Insured is liable
therefor.
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(c)
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“Forgery”
means the signing of the name of another with intent to deceive; it does
not include the signing of one’s own name with or without authority, in
any capacity, for any purpose.
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(d)
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“Larceny
and Embezzlement” as it applies to any named Insured means those acts as
set forth in Section 37 of the Investment Company Act of
1940.
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(e)
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“Items
of Deposit” means any one or more checks and drafts. Items of
Deposit shall not be deemed uncollectible until the Insured’s collection
procedures have failed.
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(a)
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loss
effected directly or indirectly by means of forgery or alteration of, on
or in any instrument, except when covered by Insuring Agreement (A), (E),
(F) or (G).
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(b)
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loss
due to riot or civil commotion outside the United States of America and
Canada; or loss due to military, naval or usurped power, war or
insurrection unless such loss occurs in transit in the circumstances
recited in Insuring Agreement (D), and unless, when such transit was
initiated, there was no knowledge of such riot, civil commotion, military,
naval or usurped power, war or insurrection on the part of any person
acting for the insured in initiating such
transit.
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(c)
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loss,
in time of peace or war, directly or indirectly caused by or resulting
from the effects of nuclear fission or fusion or radioactivity; provided,
however, that this paragraph shall not apply to loss resulting from
Industrial uses of nuclear energy.
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(d)
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loss
resulting from any wrongful act or acts of any person who is a member of
the Board of Directors of the Insured or a member of any equivalent body
by whatsoever name known unless such person is also an Employee or an
elected official, partial owner or partner of the Insured in some other
capacity, nor, in any event, loss resulting from the act or acts of any
person while acting in the capacity of a member of such Board or
equivalent body.
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(e)
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loss
resulting from the complete or partial non-payment of, or default upon,
any loan or transaction in the nature of, or amounting to, a loan made by
or obtained from the Insured or any of its partners, directors or
Employees, whether authorized or unauthorized and whether procured in good
faith or through trick, artifice, fraud or false pretenses, unless such
loss is covered under Insuring Agreement (A), (E) or
(F).
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(f)
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loss
resulting from any violation by the Insured or by any
Employee
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(1)
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of
law regulating (a) the issuance, purchase or sale of securities, (b)
securities transactions upon Security Exchanges or over the counter
market, (c) Investment Companies, or (d) Investment Advisors,
or
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(2) | of any rule or regulation made pursuant to any such law, unless such loss, in the absence of such laws, rules or regulations would be covered under Insuring Agreements (A) or (E). |
(g)
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loss
of Property or loss of privileges through the misplacement or loss of
Property as set forth in Insuring Agreement (C) or (D) while the Property
is in the custody of any armored vehicle company, unless such loss shall
be in excess of the amount recovered or received by the Insured under (a)
the Insured’s contract with said armored motor vehicle company, (b)
insurance carried by said armored motor vehicle company for the benefit of
users of its service, and (c) all other insurance and indemnity in force
in whatsoever form carried by or for the benefit of users of said armored
motor vehicle company’s service, and then this bond shall cover only such
excess.
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(h)
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potential
income, including but not limited to interest and dividends, not realized
by the Insured because of a loss covered under this bond, except as
included under Insuring Agreement (I).
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(i)
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all
damages of any type for which the Insured is legally liable, except direct
compensatory damages arising from a loss covered under this
bond.
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(j)
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loss
through the surrender of Property away from an office of the Insured as a
result of a threat
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(1)
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to
do bodily harm to any person, except loss of Property in transit in the
custody of any person acting as messenger provided that when such transit
was initiated there was no knowledge by the Insured of any such threat,
or
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(2)
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to
do damage to the premises or Property of the insured, except when covered
under Insuring Agreement (A).
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(k)
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all
costs, fees and other expenses incurred by the Insured in establishing the
existence of or amount of loss covered under this bond unless such
indemnity is provided for under Insuring Agreement
(B).
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(l)
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loss
resulting from payments made or withdrawals from the account of a customer
of the Insured, shareholder or subscriber to shares involving funds
erroneously credited to such account, unless such payments are made to or
withdrawn by such depositor or representative of such person, who is
within the premises of the drawee bank of the Insured or within the office
of the Insured at the time of such payment or withdrawal or unless such
payment is covered under Insuring Agreement
(A).
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(m)
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any
loss resulting from Uncollectible Items of Deposit which are drawn from a
financial Institution outside the fifty states of the United States of
America, District of Columbia, and territories and possessions of the
United States of America, and
Canada.
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(a)
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becomes
aware of facts, or
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(b)
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receives
written notice of an actual or potential claim by a third party which
alleges that the Insured is liable under
circumstance.
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(a)
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any
one act of burglary, robbery, hold-up, or attempt thereat, in which no
Partner or Employee is concerned or implicated shall be deemed to be one
loss, or
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(b)
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any
one unintentional or negligent act on the part of any one person resulting
in damage to or destruction or misplacement of Property, shall be deemed
to be one loss, or
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(c)
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all
wrongful acts, other than those specified in (a) above, or any one person
shall be deemed to be one loss, or
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(d)
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all
wrongful acts, other than those specified in (a) above, of one or more
persons (which dishonest act(s) or act(s) of Larceny or Embezzlement
include, but are not limited to, the failure of an Employee to report such
acts of others) whose dishonest act or acts intentionally or
unintentionally, directly or indirectly, aid or aids in any way, or
permits the continuation of, the dishonest act or acts of any other person
or persons shall be deemed to be one loss with the act or acts of the
persons aided, or
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(e)
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any
one casualty or event other than those specified in (a), (b), (c) or (d)
preceding, shall be deemed to be one loss,
and
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(a)
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as
to any Employee as soon as any partner, officer or supervisory Employee of
the Insured, who is not in collusion with such Employee, shall learn of
any dishonest or fraudulent act(s), including Larceny or Embezzlement on
the part of such Employee without prejudice to the loss of any Property
then in transit in the custody of such Employee (See Section 16 [d]),
or
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(b)
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as
to any Employee 60 days after receipt by each Insured and by the
Securities and Exchange Commission of a written notice from the
Underwriter of its desire to terminate this bond as to such Employee,
or
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(c)
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as
to any person, who is a partner, officer or employee of any Electronic
Data Processor covered under this bond, from and after the time that the
Insured or any partner or officer thereof not in collusion with such
person shall have knowledge or information that such person has committed
any dishonest or fraudulent act(s), including Larceny or Embezzlement in
the service of the Insured or otherwise, whether such act be committed
before or after the time this bond is
effective.
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(a)
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on
the effective date of any other insurance obtained by the Insured, its
successor in business or any other party, replacing in whole or in part
the insurance afforded by this bond, whether or not such other insurance
provides coverage for loss sustained prior to its effective date,
or
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(b)
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upon
takeover of the Insured’s business by any State or Federal official or
agency, or bay any receiver or liquidator, acting or appointed for this
purpose
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(a)
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the
total liability of the Underwriter hereunder for loss or losses sustained
by any one or more or all of them shall not exceed the limit for which the
Underwriter would be liable hereunder if all such loss were sustained by
any one of them,
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(b)
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the
one first named herein shall be deemed authorized to make, adjust and
receive and enforce payment of all claims hereunder and shall be deemed to
be the agent of the others for such purposes and for the giving or
receiving of any notice required or permitted to be given by the terms
hereof, provided that the Underwriter shall furnish each named Investment
Company with a copy of the bond and with any amendment thereto, together
with a copy of each formal filing of the settlement of each such claim to
the execution of such settlement,
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(c)
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the
Underwriter shall not be responsible for the proper application of any
payment made hereunder to said first named
Insured,
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(d)
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knowledge
possessed or discovery made by any partner, officer or supervisory
Employee of any Insured shall for the purposes of Section 4 and Section 13
of this bond constitute knowledge or discovery by all the Insured,
and
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(e)
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if
the first name Insured ceases for any reason to be covered under this
bond, then the Insured next named shall thereafter be considered as the
first named Insured for the purposes of this
bond.
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(a)
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the
names of the transferors and transferees (or the names of the beneficial
owners if the voting securities are requested in another name),
and
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(b)
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the
total number of voting securities owned by the transferors and the
transferees (or the beneficial owners), both immediately before and after
the transfer, and
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(c)
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the
total number of outstanding voting
securities.
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1.
|
Insuring
Agreement (A)
FIDELITY is hereby deleted in its entirety and replaced with the
following:
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(A)
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Loss
resulting from any dishonest or fraudulent act(s), including Larceny or
Embezzlement committed by an Employee, committed anywhere and whether
committed alone or in collusion with others, including loss of Property
resulting from such acts of an Employee, which Property is held by the
Insured for any purpose or in any capacity and whether so held
gratuitously or not and whether or not the Insured is liable therefor.
Dishonest or fraudulent act(s) as used in this Insuring Agreement shall
mean only dishonest or fraudulent act(s) committed by such Employee with
the manifest intent:
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|
(a)
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to
cause the Insured to sustain such loss;
or
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(b)
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to
obtain financial benefit for the Employee, or for any other person or
organization intended by the Employee to receive such benefit, other than
salaries, commissions, fees, bonuses, promotions, awards, profit sharing,
pensions or other employee benefits earned in the normal course of
employment.
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2-14057
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2.
|
Nothing
herein contained shall be held to vary, alter, waive or extend any of the
terms, limitations conditions or agreements of the attached policy other
than as above stated.
|
2-14057
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1.
|
General
Agreement (B) WARRANTY
- is hereby deleted
and replaced by the following:
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|
(B)
|
The
Insured represents that the information furnished in the application for
this bond is complete, true and correct. Such application constitutes part
of this policy.
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|
Any
intentional misrepresentation, omission, concealment or any incorrect
statement of a material fact, in the application or otherwise, shall be
grounds for the rescission of this
policy.
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2.
|
Nothing
herein contained shall be held to vary, alter, waive or extend any of the
terms, limitations, conditions or agreements of the attached policy other
than as above stated.
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2-14057
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1.
|
SECTION
1. DEFINITIONS,
Subsection (a) "Employee", is amended by adding the
following:
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any employee of The Tokarz Group (including a leased employee of The Tokarz Group) while performing services for MVC Capital, Inc. |
2.
|
Nothing
herein contained shall be held to vary, alter, waive or extend any of the
terms, limitations, conditions or agreements of the attached bond other
than as above stated.
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2-14057
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1.
|
The
attached bond is amended by adding the following lnsuring Agreement L as
follows:
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UNCOLLECTIBLE ITEMS OF DEPOSIT | |
Loss resulting directly from payments of dividends or funds shares, or withdrawals from a customer's account as direct result of Items of Deposit which are not paid for any reason, including but not limited to Forgery or any other fraud, except when covered under Insuring Agreement (A). | |
"Items of Deposit" means anyone or more checks and drafts. Items of Deposit shall not be deemed uncollectible until the Insured's collection procedures have failed. |
2.
|
The
following exclusion applies to Insuring Agreement L: any loss resulting
from uncollectible items of deposit which are drawn from a Financial
Institution outside the fifty states of the United States of America,
District of Columbia, Puerto Rico, Territories and possessions of the
United States of America, or
Canada.
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3.
|
The
Single Loss Limit of Liability applicable to this Insuring Agreement is
limited to the sum of One Hundred Thousand Dollars ($100,000) and a single
loss deductible amount of Twenty Five Thousand Dollars
($5,000).
|
2-14057
|
1.
|
The
attached bond is amended by adding an additional insuring agreement as
follows:
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(1)
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entry
of data into, or
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(2)
|
change
of data or programs within
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(a)
|
Property
to be transferred, paid or
delivered,
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|
(b)
|
an
account of the Insured, or of its customer, to be added, deleted, debited
or credited:
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|
(c)
|
an
unauthorized account of a fictitious account to be debited or
credited;
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(3)
|
voice
instructions or advices having been transmitted to the Insured or its
agent(s) by telephone;
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|
(i)
|
cause
the Insured or its agent(s) to sustain a loss,
and
|
|
(ii)
|
obtain
financial benefit for that individual or for other persons intended by
that individual to receive financial
benefit,
|
|
(iii)
|
and
further provided such voice instruction or
advices:
|
|
(a)
|
were
made by a person who purported to represent an individual authorized to
make such voice instruction or advices;
and
|
|
(b)
|
were
electronically recorded by the Insured or its
agent(s).
|
2-14057
|
|
(4)
|
It
shall be a condition to recovery under the Computer Systems Rider that the
Insured or its agent(s) shall to the best of their ability electronically
record all voice instructions or advices received over telephone, The
Insured or its agent(s) warrant that they shall make their best efforts to
maintain the electronic recording system on a continuous basis. Nothing,
however, in this Rider shall bar the Insured from recovery where no
recording is available because of mechanical failure of the device used in
making such recording, or because of failure of the media used to record
conversation from any cause, or error or omission of any Employee(s) or
agent(s) of the Insured.
|
2.
|
As
used in this Rider, Computer System
means:
|
|
(a)
|
computers
with related peripheral components, including storage components, wherever
located,
|
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(b)
|
systems
and application software,
|
|
(c)
|
terminal
devices,
|
|
(d)
|
related
communication networks or customer communication systems to include the
Internet, and
|
|
(e)
|
related
Electronic Funds Transfer Systems,
|
3.
|
In
addition to the exclusions in the attached bond, the following exclusions
are applicable to this Insuring
Agreement:
|
|
(a)
|
loss
resulting directly or indirectly from the theft of confidential
information, material or data; and
|
|
(b)
|
loss
resulting directly or indirectly from entries or changes made by an
individual authorized to have access to a Computer System who acts in good
faith on instructions, unless such instructions are given to
that
|
2-14057
|
4.
|
The
following portions of the attached bond are not applicable to this
Rider:
|
|
(a)
|
the
initial paragraph of the bond preceding the Insuring Agreements which
reads "...at any time but discovered during the Bond
Period."
|
|
(b)
|
Section
9-NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL
LIABILITY
|
|
(c)
|
Section
10-LIMIT OF LIABILITY
|
5.
|
The
Coverage afforded by this rider applies only to loss discovered by the
Insured during the period this Rider is in
force.
|
6.
|
All
loss or series of losses involving the fraudulent activity of one
individual, or involving fraudulent activity in which one individual is
implicated, whether or not that individual is specifically identified,
shall be treated as one loss. A Series of losses involving unidentified
individuals but arising from the same method of operation may be deemed by
the Underwriter to involve the same individual and in that event shall be
treated as one loss.
|
7.
|
The Limit of Liability for the
coverage provided by this Rider shall be $5,000,000 X t being understood however, that
such liability shall be part of and not in addition to the Limit of Liability stated in
Item 3 of the Declarations of the
attached bond.
|
8.
|
The
Underwriter shall be liable hereunder for the amount by which one loss
shall be in excess of $100,000 X herein called the
Deductible amount) but not in excess of the Limit of Liability stated
above.
|
9.
|
If
any loss is covered under this Insuring Agreement and any other Insuring
Agreement or Coverage, the maximum amount payable for such loss shall not
exceed the largest amount available under any one Insuring Agreement or
Coverage.
|
2-14057
|
10.
|
Coverage
under this Rider shall terminate upon termination or cancellation of the
bond to which this Rider is attached. Coverage under this rider may also
be terminated or cancelled without cancelling the bond as an
entirety:
|
|
(a)
|
60
days after receipt by the Insured of written notice from the Underwriter
of its desire to terminate or cancel coverage under this Rider,
or
|
|
(b)
|
immediately
upon receipt by the Underwriter of a written request from the Insured to
terminate or cancel coverage under this
Rider.
|
11.
|
Section
4-LOSS-NOTICE-PROOF-LEGAL PROCEEDING of the Conditions and Limitations of
this bond is amended by adding the following
sentence:
|
12.
|
Not
withstanding the foregoing, however, coverage afforded by this Rider is
not designed to provide protection against loss covered under a separate
Electronic and Computer Crime Policy by whatever title assigned or by
whatever Underwriter written. Any loss which is covered under such
separate Policy is excluded from coverage under this bond; and the Insured
agrees to make claim for such loss under its separate
Policy.
|
2-14057
|
1.
|
The
attached bond is amended to include the following insuring
agreement:
|
2.
|
The
Limit of Liability on the Agreement is $100,000 subject to a deductible of
$5,000.
|
3.
|
Nothing
herein contained shall be held to vary, alter, waive or extend any of the
terms, limitations, conditions or agreements of the attached policy other
than as above stated.
|
2-14057
|
1.
|
Email
Reporting of Claims: In addition to the postal address set forth for any
Notice of Claim Reporting under this policy, such notice may also be given
in writing pursuant to the policy's other terms and conditions to the
Insurer by email at the following email
address:
|
2.
|
Definitions:
For this endorsement only, the following definitions shall
apply:
|
|
(a)
|
"Insurer"
means the "Insurer," "Underwriter" or "Company" or other name specifically
ascribed in this policy as the insurance company or underwriter for this
policy.
|
|
(b)
|
"Notice
of Claim Reporting" means "notice of claim/circumstance," "notice of loss"
or other reference in the policy designated for reporting of claims, loss
or occurrences or situations that may give rise or result in loss under
this policy.
|
|
(c)
|
"Policy"
means the policy, bond or other insurance product to which this
endorsement is attached.
|
3.
|
This
endorsement does not apply to any Kidnap & Ransom/Extortion
Coverage Section, if any, provided by this
policy.
|
2-14057
99758 (8/08)
|
2-14057
89644
(7/05)
|
FORM
NUMBER
|
EDITION
DATE
|
FORM
TITLE
|
INVESTMENT
COMPANY BLANKET BOND DEC PAGE
|
||
41206
|
09/84
|
INVESTMENT
COMPANY BLANKET BOND GUTS
|
AMENDED
FIDELITY
|
||
REPRESENTATION
OF INSURED
|
||
AMEND
DEFINITION OF EMPLOYEE
|
||
UNCOLLECTABLE
ITEMS OF DEPOSIT
|
||
INSURING
AGREEMENT J - COMPUTER
SYSTEMS
|
||
UNAUTHORIZED
SIGNATURES
|
||
99758
|
08/08
|
NOTICE
OF CLAIM (REPORTING BY E-MAIL)
|
89644
|
07/05
|
COVERAGE
TERRITORY ENDORSEMENT (OFAC)
|
78859
|
10/01
|
FORMS
INDEX
ENDORSEMENT
|
2-14057
788599 (10/01)
|