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Name | Symbol | Market | Type |
---|---|---|---|
Global X Funds Global X NASDAQ 100 Covered Call ETF | NASDAQ:QYLD | NASDAQ | Exchange Traded Fund |
Price Change | % Change | Price | Bid Price | Offer Price | High Price | Low Price | Open Price | Traded | Last Trade | |
---|---|---|---|---|---|---|---|---|---|---|
-0.1301 | -0.71% | 18.2499 | 18.22 | 18.25 | 18.34 | 18.1001 | 18.34 | 15,259,208 | 00:55:17 |
FRANK CRYSTAL & CO., INC. | |
ATTN: TYLER ENTWISTLE | |
32 OLD SLIP - 17TH FL. | |
NEW YORK, NY 10005 | |
INSURED: | ETF SERIES TRUST |
PRODUCT: | DFIBond |
POLICY NO: | 82341517 |
TRANSACTION: | RENL |
Chubb Group of Insurance Companies | DECLARATIONS | |||||||||
FINANCIAL INSTITUTION INVESTMENT | ||||||||||
15 Mountain View Road, Warren, New Jersey 07059 | COMPANY ASSET PROTECTION BOND | |||||||||
NAME OF ASSURED (including its Subsidiaries ): | Bond Number: 82341517 | |||||||||
ETF SERIES TRUST | ||||||||||
FEDERAL INSURANCE COMPANY | ||||||||||
66 PALMER AVENUE, SUITE 49B | Incorporated under the laws of Indiana | |||||||||
BRONXVILLE, NY 10708 | a stock insurance company herein called the COMPANY | |||||||||
Capital Center, 251 North Illinois, Suite 1100 | ||||||||||
Indianapolis, IN 46204-1927 | ||||||||||
ITEM 1. | BOND PERIOD: | from | 12:01 a.m. on | April 11, 2014 | ||||||
to | 12:01 a.m. on | April 11, 2015 | ||||||||
ITEM 2. | LIMITS OF LIABILITY--DEDUCTIBLE AMOUNTS: | |||||||||
If Not Covered is inserted below opposite any specified INSURING CLAUSE, such INSURING CLAUSE | ||||||||||
and any other reference shall be deemed to be deleted. There shall be no deductible applicable to any | ||||||||||
loss under INSURING CLAUSE 1. sustained by any Investment Company. |
DEDUCTIBLE | |||||||||||
INSURING CLAUSE | LIMIT OF LIABILITY | AMOUNT | |||||||||
1 | . | Employee | $ | 125,000 | $ | 0 | |||||
2 | . | On Premises | $ | 125,000 | $ | 10,000 | |||||
3 | . | In Transit | $ | 125,000 | $ | 10,000 | |||||
4 | . | Forgery or Alteration | $ | 125,000 | $ | 10,000 | |||||
5 | . | Extended Forgery | $ | 125,000 | $ | 10,000 | |||||
6 | . | Counterfeit Money | $ | 125,000 | $ | 10,000 | |||||
7 | . | Threats to Person | $ | Not Covered | $ | N/A | |||||
8 | . | Computer System | $ | 125,000 | $ | 10,000 | |||||
9 | . | Voice Initiated Funds Transfer Instruction | $ | 125,000 | $ | 10,000 | |||||
10 | . | Uncollectible Items of Deposit | $ | 50,000 | $ | 5,000 | |||||
11 | . | Audit Expense | $ | 50,000 | $ | 5,000 | |||||
ITEM 3. | THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING | |||||||||
ENDORSEMENTS EXECUTED SIMULTANEOUSLY HEREWITH: | ||||||||||
Endorsements 1- 6 | ||||||||||
IN WITNESS WHEREOF, THE COMPANY has caused this Bond to be signed by its authorized officers, but it shall not be |
valid unless also signed by an authorized representative of the Company. |
ICAP Bond (5-98) - Federal | |
Form 17-02-1421 (Ed. 5-98) | Page 1 of 1 |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 1 of 19 |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 2 of 19 |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 3 of 19 |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 4 of 19 |
General Agreements | ||||
Additional Companies | A. | If more than one corporation, or Investment Company , or any combination of | ||
Included As Assured | them is included as the ASSURED herein: | |||
(1) | The total liability of the COMPANY under this Bond for loss or losses | |||
sustained by any one or more or all of them shall not exceed the limit for | ||||
which the COMPANY would be liable under this Bond if all such loss were | ||||
sustained by any one of them. | ||||
(2) | Only the first named ASSURED shall be deemed to be the sole agent of the | |||
others for all purposes under this Bond, including but not limited to the giving | ||||
or receiving of any notice or proof required to be given and for the purpose of | ||||
effecting or accepting any amendments to or termination of this Bond. The | ||||
COMPANY shall furnish each Investment Company with a copy of the | ||||
Bond and with any amendment thereto, together with a copy of each formal | ||||
filing of claim by any other named ASSURED and notification of the terms of | ||||
the settlement of each such claim prior to the execution of such settlement. | ||||
(3) | The COMPANY shall not be responsible for the proper application of any | |||
payment made hereunder to the first named ASSURED. | ||||
(4) | Knowledge possessed or discovery made by any partner, director, trustee, | |||
officer or supervisory employee of any ASSURED shall constitute knowledge | ||||
or discovery by all the ASSUREDS for the purposes of this Bond. | ||||
(5) | If the first named ASSURED ceases for any reason to be covered under this | |||
Bond, then the ASSURED next named on the APPLICATION shall thereafter | ||||
be considered as the first named ASSURED for the purposes of this Bond. | ||||
Representation Made By | B. | The ASSURED represents that all information it has furnished in the | ||
Assured | APPLICATION for this Bond or otherwise is complete, true and correct. Such | |||
APPLICATION and other information constitute part of this Bond. | ||||
The ASSURED must promptly notify the COMPANY of any change in any fact or | ||||
circumstance which materially affects the risk assumed by the COMPANY under | ||||
this Bond. | ||||
Any intentional misrepresentation, omission, concealment or incorrect statement of | ||||
a material fact, in the APPLICATION or otherwise, shall be grounds for recision of | ||||
this Bond. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 5 of 19 |
General Agreements | ||||
(continued) | ||||
Additional Offices Or | C. | If the ASSURED, other than an Investment Company , while this Bond is in force, | ||
Employees - Consolidation, | merges or consolidates with, or purchases or acquires assets or liabilities of | |||
Merger Or Purchase Or | another institution, the ASSURED shall not have the coverage afforded under this | |||
Acquisition Of Assets Or
Liabilities - Notice To |
Bond for loss which has: | |||
Company | (1) | occurred or will occur on premises, or | ||
(2) | been caused or will be caused by an employee, or | |||
(3) | arisen or will arise out of the assets or liabilities, of such institution, unless the ASSURED: | |||
a. | gives the COMPANY written notice of the proposed consolidation, merger or | |||
purchase or acquisition of assets or liabilities prior to the proposed effective | ||||
date of such action, and | ||||
b. | obtains the written consent of the COMPANY to extend some or all of the | |||
coverage provided by this Bond to such additional exposure, and | ||||
c. | on obtaining such consent, pays to the COMPANY an additional premium. | |||
Change Of Control - | D. | When the ASSURED learns of a change in control (other than in an Investment | ||
Notice To Company | Company ), as set forth in Section 2(a) (9) of the Investment Company Act of | |||
1940, | the ASSURED shall within sixty (60) days give written notice to the | |||
COMPANY setting forth: | ||||
(1) | the names of the transferors and transferees (or the names of the beneficial | |||
owners if the voting securities are registered in another name), | ||||
(2) | the total number of voting securities owned by the transferors and the | |||
transferees (or the beneficial owners), both immediately before and after the | ||||
transfer, and | ||||
(3) | the total number of outstanding voting securities. | |||
Failure to give the required notice shall result in termination of coverage for any | ||||
loss involving a transferee, to be effective on the date of such change in control. | ||||
Court Costs And | E. | The COMPANY will indemnify the ASSURED for court costs and reasonable | ||
Attorneys Fees | attorneys' fees incurred and paid by the ASSURED in defense, whether or not | |||
successful, whether or not fully litigated on the merits and whether or not settled, | ||||
of any claim, suit or legal proceeding with respect to which the ASSURED would | ||||
be entitled to recovery under this Bond. However, with respect to INSURING | ||||
CLAUSE 1., this Section shall only apply in the event that: | ||||
(1) | an Employee admits to being guilty of Larceny or Embezzlement , | |||
(2) | an Employee is adjudicated to be guilty of Larceny or Embezzlement , or |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 6 of 19 |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 7 of 19 |
Conditions And | ||||||
Limitations | ||||||
Definitions | 1. | As used in this Bond: | ||||
a. | Computer System means a computer and all input, output, processing, | |||||
storage, off-line media libraries, and communication facilities which are | ||||||
connected to the computer and which are under the control and supervision | ||||||
of the operating system(s) or application(s) software used by the ASSURED. | ||||||
b. | Counterfeit means an imitation of an actual valid original which is intended | |||||
to deceive and be taken as the original. | ||||||
c. | Custodian means the institution designated by an Investment Company to | |||||
maintain possession and control of its assets. | ||||||
d. | Customer means an individual, corporate, partnership, trust customer, | |||||
shareholder or subscriber of an Investment Company which has a written | ||||||
agreement with the ASSURED for Voice Initiated Funds Transfer | ||||||
Instruction . | ||||||
e. | Employee means: | |||||
(1) | an officer of the ASSURED, | |||||
(2) | a natural person while in the regular service of the ASSURED at any of | |||||
the ASSURED'S premises and compensated directly by the ASSURED | ||||||
through its payroll system and subject to the United States Internal | ||||||
Revenue Service Form W-2 or equivalent income reporting plans of | ||||||
other countries, and whom the ASSURED has the right to control and | ||||||
direct both as to the result to be accomplished and details and means | ||||||
by which such result is accomplished in the performance of such | ||||||
service, | ||||||
(3) | a guest student pursuing studies or performing duties in any of the ASSURED'S premises, | |||||
(4) | an attorney retained by the ASSURED and an employee of such | |||||
attorney while either is performing legal services for the ASSURED, | ||||||
(5) | a natural person provided by an employment contractor to perform | |||||
employee duties for the ASSURED under the ASSURED'S supervision | ||||||
at any of the ASSURED'S premises, | ||||||
(6) | an employee of an institution merged or consolidated with the | |||||
ASSURED prior to the effective date of this Bond, | ||||||
(7) | a director or trustee of the ASSURED, but only while performing acts | |||||
within the scope of the customary and usual duties of any officer or | ||||||
other employee of the ASSURED or while acting as a member of any | ||||||
committee duly elected or appointed to examine or audit or have | ||||||
custody of or access to Property of the ASSURED, or |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 8 of 19 |
Conditions And | ||||
Limitations | ||||
Definitions | (8) | each natural person, partnership or corporation authorized by written | ||
(continued) | agreement with the ASSURED to perform services as electronic data | |||
processor of checks or other accounting records related to such checks but | ||||
only while such person, partnership or corporation is actually performing | ||||
such services and not: | ||||
a. | creating, preparing, modifying or maintaining the ASSURED'S | |||
computer software or programs, or | ||||
b. | acting as transfer agent or in any other agency capacity in issuing | |||
checks, drafts or securities for the ASSURED, | ||||
(9) | any partner, officer or employee of an investment advisor, an underwriter | |||
(distributor), a transfer agent or shareholder accounting recordkeeper, or an | ||||
administrator, for an Investment Company while performing acts coming | ||||
within the scope of the customary and usual duties of an officer or employee | ||||
of an Investment Company or acting as a member of any committee duly | ||||
elected or appointed to examine, audit or have custody of or access to | ||||
Property of an Investment Company . | ||||
The term Employee shall not include any partner, officer or employee of a | ||||
transfer agent, shareholder accounting recordkeeper or administrator: | ||||
a. | which is not an "affiliated person" (as defined in Section 2(a) of the | |||
Investment Company Act of 1940) of an Investment Company or of | ||||
the investment advisor or underwriter (distributor) of such Investment | ||||
Company , or | ||||
b. | which is a "bank" (as defined in Section 2(a) of the Investment Company Act of 1940). | |||
This Bond does not afford coverage in favor of the employers of | ||||
persons as set forth in e. (4), (5) and (8) above, and upon payment to | ||||
the ASSURED by the COMPANY resulting directly from Larceny or | ||||
Embezzlement committed by any of the partners, officers or | ||||
employees of such employers, whether acting alone or in collusion with | ||||
others, an assignment of such of the ASSURED'S rights and causes of | ||||
action as it may have against such employers by reason of such acts | ||||
so committed shall, to the extent of such payment, be given by the | ||||
ASSURED to the COMPANY, and the ASSURED shall execute all | ||||
papers necessary to secure to the COMPANY the rights provided for | ||||
herein. | ||||
Each employer of persons as set forth in e.(4), (5) and (8) above and the | ||||
partners, officers and other employees of such employers shall collectively | ||||
be deemed to be one person for all the purposes of this Bond; excepting, | ||||
however, the fifth paragraph of Section 13. | ||||
Independent contractors not specified in e.(4), (5) or (8) above, | ||||
intermediaries, agents, brokers or other representatives of the same general | ||||
character shall not be considered Employees . |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 9 of 19 |
Conditions And | ||
Limitations | ||
Definitions | f. | Forgery means the signing of the name of another natural person with the |
(continued) | intent to deceive but does not mean a signature which consists in whole or in | |
part of one's own name, with or without authority, in any capacity for any | ||
purpose. | ||
g. | Investment Company means any investment company registered under the | |
Investment Company Act of 1940 and listed under the NAME OF ASSURED | ||
on the DECLARATIONS. | ||
h. | Items of Deposit means one or more checks or drafts drawn upon a | |
financial institution in the United States of America. | ||
i. | Larceny or Embezzlement means larceny or embezzlement as defined in | |
Section 37 of the Investment Company Act of 1940. | ||
j. | Property means money, revenue and other stamps; securities; including any | |
note, stock, treasury stock, bond, debenture, evidence of indebtedness, | ||
certificate of deposit, certificate of interest or participation in any profit- | ||
sharing agreement, collateral trust certificate, preorganization certificate or | ||
subscription, transferable share, investment contract, voting trust certificate, | ||
certificate of deposit for a security, fractional undivided interest in oil, gas, or | ||
other mineral rights, any interest or instruments commonly known as a | ||
security under the Investment Company Act of 1940, any other certificate of | ||
interest or participation in, temporary or interim certificate for, receipt for, | ||
guarantee of, or warrant or right to subscribe to or purchase any of the | ||
foregoing; bills of exchange; acceptances; checks; withdrawal orders; money | ||
orders; travelers' letters of credit; bills of lading; abstracts of title; insurance | ||
policies, deeds, mortgages on real estate and/or upon chattels and interests | ||
therein; assignments of such policies, deeds or mortgages; other valuable | ||
papers, including books of accounts and other records used by the | ||
ASSURED in the conduct of its business (but excluding all electronic data | ||
processing records); and, all other instruments similar to or in the nature of | ||
the foregoing in which the ASSURED acquired an interest at the time of the | ||
ASSURED'S consolidation or merger with, or purchase of the principal | ||
assets of, a predecessor or which are held by the ASSURED for any | ||
purpose or in any capacity and whether so held gratuitously or not and | ||
whether or not the ASSURED is liable therefor. | ||
k. | Relative means the spouse of an Employee or partner of the ASSURED | |
and any unmarried child supported wholly by, or living in the home of, such | ||
Employee or partner and being related to them by blood, marriage or legal | ||
guardianship. | ||
l. | Securities, documents or other written instruments means original | |
(including original counterparts) negotiable or non-negotiable instruments, or | ||
assignments thereof, which in and of themselves represent an equitable | ||
interest, ownership, or debt and which are in the ordinary course of business | ||
transferable by delivery of such instruments with any necessary | ||
endorsements or assignments. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 10 of 19 |
Conditions And | ||||
Limitations | ||||
Definitions | m. | Subsidiary means any organization that, at the inception date of this Bond, | ||
(continued) | is named in the APPLICATION or is created during the BOND PERIOD and | |||
of which more than fifty percent (50%) of the outstanding securities or voting | ||||
rights representing the present right to vote for election of directors is owned | ||||
or controlled by the ASSURED either directly or through one or more of its | ||||
subsidiaries. | ||||
n. | Transportation Company means any organization which provides its own | |||
or its leased vehicles for transportation or which provides freight forwarding | ||||
or air express services. | ||||
o. | Voice Initiated Election means any election concerning dividend options | |||
available to Investment Company shareholders or subscribers which is | ||||
requested by voice over the telephone. | ||||
p. | Voice Initiated Redemption means any redemption of shares issued by an | |||
Investment Company which is requested by voice over the telephone. | ||||
q. | Voice Initiated Funds Transfer Instruction means any Voice Initiated | |||
Redemption or Voice Initiated Election . | ||||
For the purposes of these definitions, the singular includes the plural and the | ||||
plural includes the singular, unless otherwise indicated. | ||||
General Exclusions - | 2 | . | This bond does not directly or indirectly cover: | |
Applicable to All Insuring
Clauses |
a. | loss not reported to the COMPANY in writing within sixty (60) days after | ||
termination of this Bond as an entirety; | ||||
b. | loss due to riot or civil commotion outside the United States of America and | |||
Canada, or any loss due to military, naval or usurped power, war or | ||||
insurrection. This Section 2.b., however, shall not apply to loss which occurs | ||||
in transit in the circumstances recited in INSURING CLAUSE 3., provided | ||||
that when such transit was initiated there was no knowledge on the part of | ||||
any person acting for the ASSURED of such riot, civil commotion, military, | ||||
naval or usurped power, war or insurrection; | ||||
c. | loss resulting from the effects of nuclear fission or fusion or radioactivity; | |||
d. | loss of potential income including, but not limited to, interest and dividends | |||
not realized by the ASSURED or by any customer of the ASSURED; | ||||
e. | damages of any type for which the ASSURED is legally liable, except | |||
compensatory damages, but not multiples thereof, arising from a loss | ||||
covered under this Bond; | ||||
f. | costs, fees and expenses incurred by the ASSURED in establishing the | |||
existence of or amount of loss under this Bond, except to the extent covered | ||||
under INSURING CLAUSE 11.; | ||||
g. | loss resulting from indirect or consequential loss of any nature; |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 11 of 19 |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 12 of 19 |
Conditions And | ||||
Limitations | ||||
Specific Exclusions - | f. | loss resulting from the failure for any reason of a financial or depository | ||
Applicable To All Insuring | institution, its receiver or other liquidator to pay or deliver funds or other | |||
Clauses Except Insuring | Property to the ASSURED provided further that this Section 3.f. shall not | |||
Clause 1. | apply to loss of Property resulting directly from robbery, burglary, | |||
(continued) | misplacement, mysterious unexplainable disappearance, damage, | |||
destruction or removal from the possession, custody or control of the | ||||
ASSURED. | ||||
g. | loss of Property while in the custody of a Transportation Company , | |||
provided however, that this Section 3.g. shall not apply to INSURING | ||||
CLAUSE 3.; | ||||
h. | loss resulting from entries or changes made by a natural person with | |||
authorized access to a Computer System who acts in good faith on | ||||
instructions, unless such instructions are given to that person by a software | ||||
contractor or its partner, officer, or employee authorized by the ASSURED to | ||||
design, develop, prepare, supply, service, write or implement programs for | ||||
the ASSURED's Computer System ; or | ||||
i. | loss resulting directly or indirectly from the input of data into a Computer | |||
System terminal, either on the premises of the customer of the ASSURED | ||||
or under the control of such a customer, by a customer or other person who | ||||
had authorized access to the customer's authentication mechanism. | ||||
Specific Exclusions -
Applicable To All Insuring |
4 | . | This bond does not directly or indirectly cover: | |
Clauses Except Insuring | a. | loss resulting from the complete or partial non-payment of or default on any | ||
Clauses 1., 4., And 5. | loan whether such loan was procured in good faith or through trick, artifice, | |||
fraud or false pretenses; provided, however, this Section 4.a. shall not apply | ||||
to INSURING CLAUSE 8.; | ||||
b. | loss resulting from forgery or any alteration; | |||
c. | loss involving a counterfeit provided, however, this Section 4.c. shall not | |||
apply to INSURING CLAUSE 5. or 6. | ||||
Limit Of Liability/Non- | 5 | . | At all times prior to termination of this Bond, this Bond shall continue in force for | |
Reduction And Non- | the limit stated in the applicable sections of ITEM 2. of the DECLARATIONS, | |||
Accumulation Of Liability | notwithstanding any previous loss for which the COMPANY may have paid or be | |||
liable to pay under this Bond provided, however, that the liability of the COMPANY | ||||
under this Bond with respect to all loss resulting from: | ||||
a. | any one act of burglary, robbery or hold-up, or attempt thereat, in which no | |||
Employee is concerned or implicated, or | ||||
b. | any one unintentional or negligent act on the part of any one person | |||
resulting in damage to or destruction or misplacement of Property , or | ||||
c. | all acts, other than those specified in a. above, of any one person, or |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 13 of 19 |
Conditions And | ||||
Limitations | ||||
Limit Of Liability/Non- | d. | any one casualty or event other than those specified in a., b., or c. above, | ||
Reduction And Non- | shall be deemed to be one loss and shall be limited to the applicable LIMIT OF | |||
Accumulation Of Liability | LIABILITY stated in ITEM 2. of the DECLARATIONS of this Bond irrespective of | |||
(continued) | the total amount of such loss or losses and shall not be cumulative in amounts | |||
from year to year or from period to period. | ||||
All acts, as specified in c. above, of any one person which | ||||
i. | directly or indirectly aid in any way wrongful acts of any other person or | |||
persons, or | ||||
ii. | permit the continuation of wrongful acts of any other person or persons | |||
whether such acts are committed with or without the knowledge of the wrongful | ||||
acts of the person so aided, and whether such acts are committed with or without | ||||
the intent to aid such other person, shall be deemed to be one loss with the | ||||
wrongful acts of all persons so aided. | ||||
Discovery | 6 | . | This Bond applies only to loss first discovered by an officer of the ASSURED | |
during the BOND PERIOD. Discovery occurs at the earlier of an officer of the | ||||
ASSURED being aware of: | ||||
a. | facts which may subsequently result in a loss of a type covered by this Bond, | |||
or | ||||
b. | an actual or potential claim in which it is alleged that the ASSURED is liable | |||
to a third party, | ||||
regardless of when the act or acts causing or contributing to such loss occurred, | ||||
even though the amount of loss does not exceed the applicable DEDUCTIBLE | ||||
AMOUNT, or the exact amount or details of loss may not then be known. | ||||
Notice To Company - | 7 | . | a. | The ASSURED shall give the COMPANY notice thereof at the earliest |
Proof - Legal Proceedings | practicable moment, not to exceed sixty (60) days after discovery of loss, in | |||
Against Company | an amount that is in excess of 50% of the applicable DEDUCTIBLE | |||
AMOUNT, as stated in ITEM 2. of the DECLARATIONS. | ||||
b. | The ASSURED shall furnish to the COMPANY proof of loss, duly sworn to, | |||
with full particulars within six (6) months after such discovery. | ||||
c. | Securities listed in a proof of loss shall be identified by certificate or bond | |||
numbers, if issued with them. | ||||
d. | Legal proceedings for the recovery of any loss under this Bond shall not be | |||
brought prior to the expiration of sixty (60) days after the proof of loss is filed | ||||
with the COMPANY or after the expiration of twenty-four (24) months from | ||||
the discovery of such loss. | ||||
e. | This Bond affords coverage only in favor of the ASSURED. No claim, suit, | |||
action or legal proceedings shall be brought under this Bond by anyone | ||||
other than the ASSURED. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 14 of 19 |
Conditions And | ||||
Limitations | ||||
Notice To Company - | f. | Proof of loss involving Voice Initiated Funds Transfer Instruction shall | ||
Proof - Legal Proceedings | include electronic recordings of such instructions. | |||
Against Company | ||||
(continued) | ||||
Deductible Amount | 8. | The COMPANY shall not be liable under any INSURING CLAUSES of this Bond | ||
on account of loss unless the amount of such loss, after deducting the net amount | ||||
of all reimbursement and/or recovery obtained or made by the ASSURED, other | ||||
than from any Bond or policy of insurance issued by an insurance company and | ||||
covering such loss, or by the COMPANY on account thereof prior to payment by | ||||
the COMPANY of such loss, shall exceed the DEDUCTIBLE AMOUNT set forth in | ||||
ITEM 3. of the DECLARATIONS, and then for such excess only, but in no event | ||||
for more than the applicable LIMITS OF LIABILITY stated in ITEM 2. of the | ||||
DECLARATIONS. | ||||
There shall be no deductible applicable to any loss under INSURING CLAUSE 1. | ||||
sustained by any Investment Company . | ||||
Valuation | 9. | BOOKS OF ACCOUNT OR OTHER RECORDS | ||
The value of any loss of Property consisting of books of account or other records | ||||
used by the ASSURED in the conduct of its business shall be the amount paid by | ||||
the ASSURED for blank books, blank pages, or other materials which replace the | ||||
lost books of account or other records, plus the cost of labor paid by the | ||||
ASSURED for the actual transcription or copying of data to reproduce such books | ||||
of account or other records. | ||||
The value of any loss of Property other than books of account or other records | ||||
used by the ASSURED in the conduct of its business, for which a claim is made | ||||
shall be determined by the average market value of such Property on the | ||||
business day immediately preceding discovery of such loss provided, however, | ||||
that the value of any Property replaced by the ASSURED with the consent of the | ||||
COMPANY and prior to the settlement of any claim for such Property shall be the actual market value at the time of replacement. | ||||
In the case of a loss of interim certificates, warrants, rights or other securities, the | ||||
production of which is necessary to the exercise of subscription, conversion, | ||||
redemption or deposit privileges, the value of them shall be the market value of | ||||
such privileges immediately preceding their expiration if said loss is not discovered | ||||
until after their expiration. If no market price is quoted for such Property or for | ||||
such privileges, the value shall be fixed by agreement between the parties. | ||||
OTHER PROPERTY | ||||
The value of any loss of Property , other than as stated above, shall be the actual | ||||
cash value or the cost of repairing or replacing such Property with Property of | ||||
like quality and value, whichever is less. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 15 of 19 |
Conditions And | ||||
Limitations | ||||
(continued) | ||||
Securities Settlement | 10. | In the event of a loss of securities covered under this Bond, the COMPANY may, | ||
at its sole discretion, purchase replacement securities, tender the value of the | ||||
securities in money, or issue its indemnity to effect replacement securities. | ||||
The indemnity required from the ASSURED under the terms of this Section | ||||
against all loss, cost or expense arising from the replacement of securities by the | ||||
COMPANY'S indemnity shall be: | ||||
a. | for securities having a value less than or equal to the applicable | |||
DEDUCTIBLE AMOUNT - one hundred (100%) percent; | ||||
b. | for securities having a value in excess of the DEDUCTIBLE AMOUNT but | |||
within the applicable LIMIT OF LIABILITY - the percentage that the | ||||
DEDUCTIBLE AMOUNT bears to the value of the securities; | ||||
c. | for securities having a value greater than the applicable LIMIT OF LIABILITY | |||
- the percentage that the DEDUCTIBLE AMOUNT and portion in excess of | ||||
the applicable LIMIT OF LIABILITY bears to the value of the securities. | ||||
The value referred to in Section 10.a., b., and c. is the value in accordance with | ||||
Section 9, VALUATION, regardless of the value of such securities at the time the | ||||
loss under the COMPANY'S indemnity is sustained. | ||||
The COMPANY is not required to issue its indemnity for any portion of a loss of | ||||
securities which is not covered by this Bond; however, the COMPANY may do so | ||||
as a courtesy to the ASSURED and at its sole discretion. | ||||
The ASSURED shall pay the proportion of the Company's premium charge for the | ||||
Company's indemnity as set forth in Section 10.a., b., and c. No portion of the | ||||
LIMIT OF LIABILITY shall be used as payment of premium for any indemnity | ||||
purchased by the ASSURED to obtain replacement securities. | ||||
Subrogation - Assignment - 11. | In the event of a payment under this Bond, the COMPANY shall be subrogated to | |||
Recovery | all of the ASSURED'S rights of recovery against any person or entity to the extent | |||
of such payment. On request, the ASSURED shall deliver to the COMPANY an | ||||
assignment of the ASSURED'S rights, title and interest and causes of action | ||||
against any person or entity to the extent of such payment. | ||||
Recoveries, whether effected by the COMPANY or by the ASSURED, shall be | ||||
applied net of the expense of such recovery in the following order: | ||||
a. | first, to the satisfaction of the ASSURED'S loss which would otherwise have | |||
been paid but for the fact that it is in excess of the applicable LIMIT OF | ||||
LIABILITY, | ||||
b. | second, to the COMPANY in satisfaction of amounts paid in settlement of | |||
the ASSURED'S claim, | ||||
c. | third, to the ASSURED in satisfaction of the applicable DEDUCTIBLE | |||
AMOUNT, and |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 16 of 19 |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 17 of 19 |
Conditions And | ||||
Limitations | ||||
Termination | If any partner, director, trustee, or officer or supervisory employee of an | |||
(continued) | ASSURED not acting in collusion with an Employee learns of any dishonest act | |||
committed by such Employee at any time, whether in the employment of the | ||||
ASSURED or otherwise, whether or not such act is of the type covered under this | ||||
Bond, and whether against the ASSURED or any other person or entity, the | ||||
ASSURED: | ||||
a. | shall immediately remove such Employee from a position that would enable | |||
such Employee to cause the ASSURED to suffer a loss covered by this | ||||
Bond; and | ||||
b. | within forty-eight (48) hours of learning that an Employee has committed | |||
any dishonest act, shall notify the COMPANY, of such action and provide full particulars of such dishonest act. | ||||
The COMPANY may terminate coverage as respects any Employee sixty (60) | ||||
days after written notice is received by each ASSURED Investment Company | ||||
and the Securities and Exchange Commission, Washington, D.C. of its desire to | ||||
terminate this Bond as to such Employee . | ||||
Other Insurance | 14. | Coverage under this Bond shall apply only as excess over any valid and collectible | ||
insurance, indemnity or suretyship obtained by or on behalf of: | ||||
a. | the ASSURED, | |||
b. | a Transportation Company , or | |||
c. | another entity on whose premises the loss occurred or which employed the | |||
person causing the loss or engaged the messenger conveying the Property | ||||
involved. | ||||
Conformity | 15. | If any limitation within this Bond is prohibited by any law controlling this Bond's | ||
construction, such limitation shall be deemed to be amended so as to equal the | ||||
minimum period of limitation provided by such law. | ||||
Change or Modification | 16. | This Bond or any instrument amending or affecting this Bond may not be changed | ||
or modified orally. No change in or modification of this Bond shall be effective | ||||
except when made by written endorsement to this Bond signed by an authorized | ||||
representative of the COMPANY. | ||||
If this Bond is for a sole ASSURED, no change or modification which would | ||||
adversely affect the rights of the ASSURED shall be effective prior to sixty (60) | ||||
days after written notice has been furnished to the Securities and Exchange | ||||
Commission, Washington, D.C., by the acting party. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 18 of 19 |
Conditions And | |
Limitations | |
Change or Modification | If this Bond is for a joint ASSURED, no charge or modification which would |
(continued) | adversely affect the rights of the ASSURED shall be effective prior to sixty (60) |
days after written notice has been furnished to all insured Investment Companies | |
and to the Securities and Exchange Commission, Washington, D.C., by the | |
COMPANY. |
ICAP Bond (5-98) | |
Form 17-02-1421 (Ed. 5-98) | Page 19 of 19 |
14-02-9228 (2/2010) |
Page 1 |
SINGLE LOSS | DEDUCTIBLE | |||||
INSURING CLAUSE | LIMIT OF LIABILITY | AMOUNT | ||||
1 | . | Employee | $ | 125,000 | $ | 0 |
2 | . | On Premises | $ | 125,000 | $ | 10,000 |
3 | . | In Transit | $ | 125,000 | $ | 10,000 |
4 | . | Forgery or Alteration | $ | 125,000 | $ | 10,000 |
5 | . | Extended Forgery | $ | 125,000 | $ | 10,000 |
6 | . | Counterfeit Money | $ | 125,000 | $ | 10,000 |
7 | . | Threats to Person | $ | Not Covered | $ | N/A |
8 | . | Computer System | $ | 125,000 | $ | 10,000 |
9 | . | Voice Initiated Funds Transfer Instruction | $ | 125,000 | $ | 10,000 |
10 | . | Uncollectible Items of Deposit | $ | 50,000 | $ | 5,000 |
11 | . | Audit Expense | $ | 50,000 | $ | 5,000 |
12 | . | Stop Payment Order or Refusal | $ | 50,000 | $ | 5,000 |
This Endorsement applies to loss discovered after 12:01 a.m. on April 11, 2014. | ||||||
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED. |
Date: April 3, 2014 |
|
ICAP Bond | |
Form 17-02-1582 (Ed. 5-98) | Page 1 |
ICAP Bond | |
Form 17-02-2372 (Ed. 10-00) | Page 1 |
2 | . | By deleting in its entirety from Section 1., Definitions, the definition of Customer and Voice Initiated | |||
Funds Transfer Instruction and substituting the following: | |||||
d. | Customer means any corporation, partnership, proprietor, trust or individual having an account | ||||
with the ASSURED and which has a written agreement with the ASSURED for Voice Initiated | |||||
Funds Transfer Instructions . | |||||
q. | Voice Initiated Funds Transfer Instruction means those oral instructions authorizing the | ||||
transfer of funds in a Customer's account to a financial institution for credit to accounts | |||||
designated by the Customer : | |||||
(1) | made over the telephone; | ||||
(2) | directed to those Employees specifically authorized by the ASSURED to receive such | ||||
instructions by telephone at the ASSURED's offices; | |||||
(3) | which were electronically recorded. | ||||
This Endorsement applies to loss discovered after 12:01 a.m. on April 11, 2014. | |||||
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED. |
Date: April 3, 2014 |
|
ICAP Bond | |
Form 17-02-2372 (Ed. 10-00) | Page 2 |
Date: April 3, 2014 |
|
ICAP Bond
Form 17-02-2365 (Ed. 10-00)
ICAP Bond - New York | |
Form 17-02-2863 (Rev. 7-03) | Page 1 |
6. | A determination by the Superintendent of Insurance that continuation of the present premium | ||||
volume of the COMPANY would jeopardize the COMPANY's policyholders, creditors or the public, | |||||
or continuing the Bond itself would place the COMPANY in violation of any provision of the New | |||||
York Insurance Code; or | |||||
7. | Where the COMPANY has reason to believe, in good faith and with sufficient cause, that there is | ||||
a probable risk or danger that the Property will be destroyed by the ASSURED for the purpose of | |||||
collecting the insurance proceeds. | |||||
Notice Of Termination | |||||
Notice of termination under this SECTION shall be mailed to the ASSURED and to the authorized agent | |||||
or broker, if any, at the address shown on the DECLARATIONS of this Bond. The COMPANY, | |||||
however, may deliver any notice instead of mailing it. | |||||
Return Premium Calculations | |||||
The COMPANY shall refund the unearned premium computed pro rata if this Bond is terminated by the | |||||
COMPANY." | |||||
2. | By adding a new Section reading as follows: | ||||
"Section 17. Election To Conditionally Renew / Nonrenew This Bond | |||||
Conditional Renewal | |||||
If the COMPANY conditionally renews this Bond subject to: | |||||
1. | Change of limits of liability ; | ||||
2. | Change in type of coverage; | ||||
3. | Reduction of coverage; | ||||
4. | Increased deductible; | ||||
5. | Addition of exclusion; or | ||||
6. | Increased premiums in excess of 10%, exclusive of any premium increase due to and | ||||
commensurate with insured value added; or as a result of experience rating, retrospective rating | |||||
or audit; the COMPANY shall send notice as provided in Notices Of Nonrenewal And Conditional | |||||
Renewal immediately below. | |||||
Notices Of Nonrenewal And Conditional Renewal | |||||
1. | If the COMPANY elects not to renew this Bond, or to conditionally renew this Bond as provided | ||||
herein, the COMPANY shall mail or deliver written notice to the ASSURED at least sixty (60) but | |||||
not more than one hundred twenty (120) days before: | |||||
a. | The expiration date; or | ||||
b. | The anniversary date if this Bond has been written for a term of more than one year. |
ICAP Bond - New York | |
Form 17-02-2863 (Rev. 7-03) | Page 2 |
2. | Notice shall be mailed or delivered to the ASSURED at the address shown on the | |||
DECLARATIONS of this Bond and the authorized agent or broker, if any. If notice is mailed, proof | ||||
of mailing shall be sufficient proof of notice. | ||||
3. | Paragraphs 1. and 2. immediately above shall not apply when the ASSURED, authorized agent or | |||
broker, or another insurer has mailed or delivered written notice to the COMPANY that the Bond | ||||
has been replaced or is no longer desired. | ||||
3. | By adding to General Agreement B., Representations Made By Assured, the following: | |||
No misrepresentation shall be deemed material unless knowledge by the COMPANY would have lead | ||||
to the COMPANY'S refusal to write this Bond. | ||||
This Endorsement applies to loss discovered after 12:01 a.m. on April 11, 2014. | ||||
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED. |
Date: April 3, 2014 |
|
ICAP Bond - New York | |
Form 17-02-2863 (Rev. 7-03) | Page 3 |
14-02-19952 (05/2013) |
Page 1 |
Important Notice: |
The SEC Requires Proof of Your Fidelity Insurance Policy |
Your company is now required to file an electronic copy of your fidelity insurance coverage |
(Chubb’s ICAP Bond policy) to the Securities and Exchange Commission (SEC), according to |
rules adopted by the SEC on June 12, 2006. |
Chubb is in the process of providing your agent/broker with an electronic copy of your insurance |
policy as well as instructions on how to submit this proof of fidelity insurance coverage to the |
SEC. You can expect to receive this information from your agent/broker shortly. |
The electronic copy of your policy is provided by Chubb solely as a convenience and does not |
affect the terms and conditions of coverage as set forth in the paper policy you receive by mail. |
The terms and conditions of the policy mailed to you, which are the same as those set forth in |
the electronic copy, constitute the entire agreement between your company and Chubb. |
If you have any questions, please contact your agent or broker. |
Form 14-02-12160 (ed. 7/2006)
IMPORTANT NOTICE TO POLICYHOLDERS |
All of the members of the Chubb Group of Insurance companies doing business in the United |
States (hereinafter “Chubb”) distribute their products through licensed insurance brokers and agents |
(“producers”). Detailed information regarding the types of compensation paid by Chubb to producers on |
US insurance transactions is available under the Producer Compensation link located at the bottom of the |
page at www.chubb.com, or by calling 1-866-588-9478. Additional information may be available from |
your producer. |
Thank you for choosing Chubb. |
10-02-1295 (ed. 6/2007)
POLICYHOLDER |
DISCLOSURE NOTICE OF |
TERRORISM INSURANCE COVERAGE |
(for policies with no terrorism exclusion or sublimit) |
You are hereby notified that, under the Terrorism Risk Insurance Act (the “Act”), effective |
December 26, 2007, this policy makes available to you insurance for losses arising out of |
certain acts of terrorism. Terrorism is defined as any act certified by the Secretary of the |
Treasury, in concurrence with the Secretary of State and the Attorney General of the |
United States, to be an act of terrorism; to be a violent act or an act that is dangerous to |
human life, property or infrastructure; to have resulted in damage within the United |
States, or outside the United States in the case of an air carrier or vessel or the premises |
of a United States Mission; and to have been committed by an individual or individuals as |
part of an effort to coerce the civilian population of the United States or to influence the |
policy or affect the conduct of the United States Government by coercion. |
You should know that the insurance provided by your policy for losses caused by acts of |
terrorism is partially reimbursed by the United States under the formula set forth in the |
Act. Under this formula, the United States pays 85% of covered terrorism losses that |
exceed the statutorily established deductible to be paid by the insurance company |
providing the coverage. |
However, if aggregate insured losses attributable to terrorist acts certified under the Act |
exceed $100 billion in a Program Year (January 1 through December 31), the Treasury |
shall not make any payment for any portion of the amount of such losses that exceeds |
$100 billion. |
10-02-1281 (Ed. 1/2003)
If aggregate insured losses attributable to terrorist acts certified under the Act exceed |
$100 billion in a Program Year (January 1 through December 31) and we have met our |
insurer deductible under the Act, we shall not be liable for the payment of any portion of |
the amount of such losses that exceeds $100 billion, and in such case insured losses up |
to that amount are subject to pro rata allocation in accordance with procedures |
established by the Secretary of the Treasury. |
The portion of your policy’s annual premium that is attributable to insurance for such acts |
of terrorism is: $ -0-. |
If you have any questions about this notice, please contact your agent or broker. |
10-02-1281 (Ed. 1/2003)
|
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