91222 (12/9)
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National Union Fire Insurance Company of Pittsburgh, Pa.
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A capital stock company
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POLICY NUMBER: 04-381-25-25
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REPLACEMENT OF POLICY NUMBER: 02-910-88-02
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INVESTMENT COMPANY BLANKET BOND
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DECLARATIONS: | |||
ITEM 1. | Name of Insured (herein called Insured): |
MVC Capital, Inc.
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Principal Address:
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287 BOWMAN AVENUE
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2ND FLOOR
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PURCHASE, NY 10577
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ITEM 2.
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Bond Period: from 12:01 a.m. August 14, 2012 to August 14, 2013 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 | Single Loss | ||
Limit of Liability
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Deductible
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Insuring Agreement A (Fidelity)
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$5,000,000
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$ Nil
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Insuring Agreement B (Audit Expense)
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$100,000 | $5,000 | |
Insuring Agreement C (On Premises)
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$5,000,000
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$100,000
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Insuring Agreement D (In Transit)
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$5,000,000
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$100,000
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Insuring Agreement E (Forgery or Alteration)
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$5,000,000
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$100,000
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Insuring Agreement F (Securities)
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$5,000,000
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$100,000
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Insuring Agreement G (Counterfeit Currency)
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$5,000,000
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$100,000
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Insuring Agreement H (Stop Payment)
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$100,000
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$5,000
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Insuring 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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Insuring Agreement (J) Computer Systems
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$5,000,000
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$100,000
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Insuring Agreement (K) 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 Insuring Agreement or Coverage, such Insuring Agreement or Coverage and any other reference thereto in this bond shall be deemed to be deleted therefrom.
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41205 (04/95)
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1 |
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© Chartis Inc. All rights reserved.
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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, #10 #11.
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ITEM 6. |
The Insured by the acceptance of this bond gives to the Underwriter terminating or canceling prior bond(s) or policy(ies) No.(s) 02-910-88-02 such termination or cancellation to be effective as of the time this bond becomes effective.
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41205 (04/95)
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2 |
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© Chartis Inc. All rights reserved.
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41205 (04/95)
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3 |
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© Chartis Inc, All rights reserved.
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National Union Fire Insurance Company of Pittsburgh, Pa. ® | |||
A capital stock company |
(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. |
(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 dam age to any such office by Larceny or theft in, or by burglary, robbery or holdup of such office or attempt thereat, or to the 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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41206 (9/84)
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1 |
©All rights reserved.
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(1)
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through the Insured's having, in good faith and in the course of business, whether for its own account or for the account of others, in any representative, fiduciary, agency or any other capacity, either gratuitously or otherwise, purchased or otherwise acquired, accepted or received, or sold or delivered, or given any value, extended any credit or assumed any liability, on the faith of, or otherwise acted upon, any securities, documents or other written instruments which prove to have been
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(a)
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counterfeited, or
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(b)
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forged as to the signature of any maker, drawer, issuer, endorser, assignor, lessee, transfer agent or registrar, acceptor, surety or guarantor or as to the signature of any person signing in any other capacity, or
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(c)
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raised or otherwise altered, or lost, or stolen, or
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41206 (9/84)
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2 |
©All rights reserved.
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(2)
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through the Insured's having, in good 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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41206 (9/84)
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3 |
©All rights reserved.
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A.
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ADDITIONAL OFFICES OR EMPLOYEES-CONSOLIDATION OR MERGER- NOTICE
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1.
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If the Insured shall, while this bond is in force, establish any additional office or offices, such office or offices shall be automatically covered hereunder from the dates of their establishment, respectively. No notice to the Underwriter of an increase during any premium period in the number of offices or in the number of Employees at any of the offices covered hereunder need be given and no additional premium need be paid for the remainder of such premium period.
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2.
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If an Investment Company, named as Insured herein, shall, while this bond is in force, merge or consolidate with, or purchase the assets of another institution, coverage for such acquisition shall apply automatically 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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B.
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WARRANTY
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C.
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COURT COSTS AND ATTORNEYS' FEES (Applicable to all Insuring Agreements or Coverages now or hereafter forming part of this bond)
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(1)
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an Employee admits to being guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement; or
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(2)
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an Employee is adjudicated to be guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement;
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(3)
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in the absence of (1) or (2) above an arbitration panel agrees, after a review of an agreed statement of facts, that an Employee would be found guilty of dishonesty if such Employee were prosecuted.
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D.
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FORMER EMPLOYEE
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41206 (9/84)
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4 |
©All rights reserved.
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(a)
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"Employee means:
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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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41206 (9/84)
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5 |
©All rights reserved.
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(b)
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"Property" means money (i.e. currency, coin, bank notes, Federal Reserve notes), postage and revenue stamps, U.S. Savings Stamps, bullion, precious metals of all kinds and in any form and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semi- precious stones, bonds, securities, evidences of debts, debentures, scrip, certificates, interim receipts, warrants, rights, puts, calls, straddles, spreads, transfers, coupons, drafts, bills of exchange, acceptances, notes, checks, withdrawal orders, money orders, warehouse receipts, bills of lading, conditional sales contracts, abstracts of title, insurance policies, deeds, mortgages under real estate and/or chattels and upon interests therein, and assignments of such policies, mortgages and instruments, and other valuable papers, including books of account and other records used by the Insured in the conduct of its business, and all other instruments similar to or in the nature of the foregoing including Electronic Representations of such instruments enumerated above (but excluding all data processing records) in which the Insured has an interest or in which the Insured acquired or should have acquired an interest by reason of a 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 anyone 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 ininitiating 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 loss is covered under Insuring Agreement (A), (E) OR (F).
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41206 (9/84)
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6 |
©All rights reserved.
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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 over the Investment Security Exchanges or counter market, (c) Companies, or (d) Investment Advisors, or
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(2)
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of any rule or regulation made pursuant to any such law, 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 motor 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 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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(I)
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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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41206 (9/84)
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7 |
©All rights reserved.
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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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41206 (9/84)
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8 |
©All rights reserved.
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(a)
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anyone act of burglary, robbery or holdup, or attempt thereat, in which no Partner or Employee is concerned or implicated shall be deemed to be one loss, or
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(b)
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anyone unintentional or negligent act on the part of anyone 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, of anyone 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, knowingly or unknowingly, directly or indirectly, aid or aids in any way, or permits the continuation of, the dishonest act or acts of any other person or persons shall be deemed to be one loss with the act or acts of the persons aided, or
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(e)
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anyone 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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41206 (9/84)
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9 |
©All rights reserved.
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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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41206 (9/84)
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10 |
©All rights reserved.
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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 by any receiver or liquidator, acting or appointed for this purpose
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41206 (9/84)
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11 |
©All rights reserved.
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(a)
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the total liability of the Underwriter hereunder for loss or losses sustained by anyone 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 prior 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 named Insured ceases for any reason to be covered under this bond, then the Insured next named shall thereafter be considered as the first named Insured for the purposes of this bond.
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41206 (9/84)
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12 |
©All rights reserved.
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41206 (9/84)
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13 |
©All rights reserved.
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ENDORSEMENT# 1
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This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
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issued to
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MVC Capital Inc.
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by
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National Union Fire Insurance Company of Pittsburgh. Pa. |
A.
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The following provisions are hereby added to the policy:
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(a)
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it shall be shown not to have been reasonably possible to give notice within the prescribed time and that notice was given as soon as was reasonably possible thereafter; or
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(b)
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the failure to provide timely notice has not prejudiced the Insurer.
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©All rights reserved. |
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END 001
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83231 (1/09) |
Page 1 of 2
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(a)
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the Insurer to prove that it has been prejudiced, if the notice was provided within two years of the time required under the policy; or
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(b)
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the Insured to prove that the Insurer has not been prejudiced, if the notice was provided more than two years after the time required under the policy.
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B.
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The Clause entitled, "Action Against Us" or "Action Against Company" is deleted in its entirety and replaced with the following:
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1.
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judgment against the Insured which remains unsatisfied at the expiration of thirty (30) days from the service of notice of entry of the judgment upon the Insured and upon us; or
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2.
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written agreement of the Insured, the claimant and us.
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©All rights reserved. |
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END 001
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83231 (1/09) |
Page 2 of 2
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ENDORSEMENT# 2
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This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
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issued to
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MVC Capital Inc.
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by
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National Union Fire Insurance Company of Pittsburgh. Pa. |
1.
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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.
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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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MNSCPT
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END 2
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ENDORSEMENT# 2 (Continued)
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This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
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issued to
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MVC Capital Inc.
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by
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National Union Fire Insurance Company of Pittsburgh. Pa. |
2.
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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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© Chartis Inc. All rights reserved. |
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END 2
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MNSCPT
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Page 2 of 2
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ENDORSEMENT# 3
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This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
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issued to
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MVC Capital Inc.
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by
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National Union Fire Insurance Company of Pittsburgh. Pa. |
1.
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General Agreement(8) WARRANTY - is hereby deleted and replaced by the following:
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(B)
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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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2.
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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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© Chartis Inc. All rights reserved. |
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MNSCPT |
END 3
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ENDORSEMENT# 4
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This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
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issued to
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MVC Capital Inc.
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by
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National Union Fire Insurance Company of Pittsburgh. Pa. |
1.
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SECTION 1. DEFINITIONS, Subsection (a) "Employee", is amended by adding the following:
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2.
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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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© Chartis Inc. All rights reserved. |
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MNSCPT |
END 4
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ENDORSEMENT# 5
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This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
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issued to
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MVC Capital Inc.
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by
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National Union Fire Insurance Company of Pittsburgh. Pa. |
1.
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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:
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2.
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Definitions:For this endorsement only, the following definitions shall apply:
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(a)
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"Insurer" means the "Insurer," "Underwriter" or "Company" or other name specifically ascribed in this policy as the insurance company or underwriter for this policy.
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(b)
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"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.
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(c)
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"Policy" means the policy, bond or other insurance product to which this endorsement is attached.
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3.
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This endorsement does not apply to any Kidnap & Ransom/Extortion Coverage Section, if any, provided by this policy.
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© Chartis Inc. All rights reserved. |
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MNSCPT |
END 005
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99758 (8/08) | Page 1 of 1 |
ENDORSEMENT# 6
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This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
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issued to
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MVC Capital Inc.
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by
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National Union Fire Insurance Company of Pittsburgh. Pa. |
1.
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The attached bond is amended by adding the following Insuring Agreement L as follows:
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2.
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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.
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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).
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© Chartis Inc. All rights reserved. |
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MNSCPT |
END 6
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ENDORSEMENT# 7
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This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
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issued to
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MVC Capital Inc.
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by
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National Union Fire Insurance Company of Pittsburgh. Pa. |
1.
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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
|
(a)
|
Property to be transferred, paid or delivered,
|
(b)
|
an account of the Insured, or of its customer, to be added, deleted, debited or credited:
|
(c)
|
an unauthorized account of a fictitious account to be debited or credited;
|
(3)
|
voice instructions or advices having been transmitted to the Insured or its agent(s) by telephone; and provided further, the fraudulent entry or change is made or caused by an individual acting with the intent to:
|
(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).
|
MNSCPT
|
END 7 |
|
ENDORSEMENT# 7 (Continued)
|
|||
This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
|
||
issued to
|
MVC Capital Inc.
|
||
by
|
National Union Fire Insurance Company of Pittsburgh. Pa. |
(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,
|
(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, by which data are electronically collected, transmitted, processed, stored, and retrieved.
|
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 individual by a software contractor (or by a partner, officer or employee thereof) authorized by the Insured to design, develop, prepare, supply service, write or implement programs for the Insured's Computer System.
|
MNSCPT
|
END 7 |
|
ENDORSEMENT# 7 (Continued)
|
|||
This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
|
||
issued to
|
MVC Capital Inc.
|
||
by
|
National Union Fire Insurance Company of Pittsburgh. Pa. |
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 1 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 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 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 anyone Insuring Agreement or Coverage.
|
MNSCPT
|
END 7 |
|
ENDORSEMENT# 7 (Continued)
|
|||
This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
|
||
issued to
|
MVC Capital Inc.
|
||
by
|
National Union Fire Insurance Company of Pittsburgh. Pa. |
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.
|
© Chartis Inc. All rights reserved. |
|
|||
MNSCPT |
END 7
|
ENDORSEMENT# 8
|
|||
This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
|
||
issued to
|
MVC Capital Inc.
|
||
by
|
National Union Fire Insurance Company of Pittsburgh. Pa. |
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.
|
© Chartis Inc. All rights reserved. |
|
|||
MNSCPT |
END 8
|
ENDORSEMENT# 9
|
|||
This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
|
||
issued to
|
MVC Capital Inc.
|
||
by
|
National Union Fire Insurance Company of Pittsburgh. Pa. |
© All rights reserved. |
|
|||
END 009
|
||||
89644(7/05) | Page 1 of 1 |
ENDORSEMENT# 10
|
|||
This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
|
||
issued to
|
MVC Capital Inc.
|
||
by
|
National Union Fire Insurance Company of Pittsburgh. Pa. |
1.
|
Item 1 of the Declarations, "Name of Insured (herein called Insured)," is amended to include the following entity as an additional Insured under the attached bond: |
Additional Insured: | MVC Private Equity Fund, L.P. | |
Principal Address: | 287 Bowman Avenue | |
2nd Floor | ||
Purchase, NY 10577 |
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. |
© Chartis Inc. All rights reserved. |
|
|||
MNSCPT |
END 10
|
ENDORSEMENT# 11
|
|||
This endorsement, effective 12:01 AM August 14. 2012 forms a part of | |||
policy number |
04-381-25-25
|
||
issued to
|
MVC Capital Inc.
|
||
by
|
National Union Fire Insurance Company of Pittsburgh. Pa. |
FORMS INDEX ENDORSEMENT | ||||
The contents of the Policy is comprised of the following forms: | ||||
EDITION | ||||
FORM NUMBER
|
DATE
|
FORM TITLE
|
||
41205
|
04/95 |
INVESTMENT COMPANY BLANKET BOND DEC PAGE
|
||
41206
|
09/84
|
INVESTMENT COMPANY BLANKET BOND GUTS
|
||
83231
|
01/09 |
NEW YORK LAW 3420 AMENDATORY ENDORSEMENT
|
||
MNSCPT
|
AMENDED FIDELITY
|
|||
MNSCPT
|
REPRESENTATION OF INSURED
|
|||
MNSCPT
|
AMEND DEFINITION OF EMPLOYEE
|
|||
99758
|
08/08
|
NOTICE OF CLAIM (REPORTING BY E-MAIL)
|
||
MNSCPT
|
UNCOLLECTABLE ITEMS OF DEPOSIT
|
|||
MNSCPT
|
INSURING AGREEMENT J - COMPUTER SYSTEMS
|
|||
MNSCPT
|
UNAUTHORIZED SIGNATURES
|
|||
89644
|
07/05
|
COVERAGE TERRITORY ENDORSEMENT (OFAC)
|
||
MNSCPT
|
ADDITIONAL INSURED RIDER
|
|||
78859
|
10/01
|
FORMS INDEX ENDORSEMENT
|
END 011
|
||||
78859 (10/01) | Page 1 of 1 |