August 22, 2011
|
Sincerely,
|
||
/s/ Michael I. Wirth
|
||
Michael I. Wirth
|
||
Chief Financial Officer
|
||
and Secretary
|
POLICY NUMBER: 03-582-80-18
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REPLACEMENT OF POLICY NUMBER: 04-189-40-26
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ITEM 1.
|
Name of Insured (herein called Insured):
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KOHLBERG CAPITAL CORPORATION
|
||
Principal Address:
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295 MADISON AVE FL6
|
|||
NEW YORK, NY 10017-7731
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||||
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|
|
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ITEM 2.
|
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Bond Period: from 12:01 a.m. August 19, 2011 to July 01, 2012 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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||
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|
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ITEM 3.
|
Limit of Liability - Subject to Sections 9, 10 and 12 hereof,
|
Single Loss
|
Single Loss
|
|||||||
Limit of Liability
|
Deductible
|
|||||||
Insuring Agreement A (Fidelity)
|
$ | 1,000,000 | $ |
Nil
|
||||
Insuring Agreement B (Audit Expense)
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$ | 50,000 | $ | 5,000 | ||||
Insuring Agreement C (On Premises)
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$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement D (In Transit)
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$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement E (Forgery or Alteration)
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement F (Securities)
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement G (Counterfeit Currency)
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement H (Stop Payment)
|
$ | 25,000 | $ | 5,000 | ||||
Insuring Agreement I (Uncollectible Items of Deposit)-
|
$ | 100,000 | $ | 5,000 | ||||
Additional Coverages:
|
||||||||
Insuring Agreement (J) Computer Systems
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement (K) Data Processing Service Operations
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement (L) Voice Initiated Transfer Fraud
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement (M) Telefacsimile Transfer Fraud
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement (N) Destruction of Data or Program by Hacker
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement (O) Destruction of Data or Program by Virusr
|
$ | 1,000,000 | $ | 100,000 | ||||
Insuring Agreement (P) Voice Computer Systems Fraud
|
$ | 1,000,000 | $ | 100,000 |
If "Not Covered" is inserted above opposite any specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage and any other reference thereto in this bond shall be deemed to be deleted therefrom.
|
||
ITEM 4.
|
Offices or Premises Covered-Offices acquired or established subsequent to the effective date of this bond are covered according to the terms of General Agreement A. All the Insured's offices or premises in existence at the time this bond becomes effective are covered under this bond except the offices or premises located as follows: No Exceptions
|
|
ITEM 5.
|
The liability of the Underwriter is subject to the terms of the following riders attached thereto: : Endorsement #1, #2, #3, #4, #5, #6, #7
|
|
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) 04-189-40-26 such termination or cancellation to be effective as of the time this bond becomes effective.
|
PREMIUM:
|
$ 10,392
|
PRESIDENT
|
SECRETARY
|
|||
National Union Fire Insurance
|
National Union Fire Insurance
|
|||
Company of Pittsburgh, Pa.
|
Company of Pittsburgh, Pa.
|
|||
AUTHORIZED REPRESENTATIVE
|
||||
|
|
|
||
COUNTERSIGNED AT
|
|
DATE
|
|
COUNTERSIGNATURE
|
(A)
|
FIDELITY
|
(a)
|
to cause the Insured to sustain such loss; and
|
(b)
|
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.
|
(B)
|
AUDIT EXPENSE
|
(C)
|
ON PREMISES
|
(1)
|
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
|
(2)
|
loss through damage to any such office by Larceny or theft in, or by burglary, robbery or holdup of such office or attempt thereat, or to the interior of any such office by vandalism or malicious mischief provided, in any event, that the Insured is the owner of such offices, furnishings, fixtures, stationery, supplies or equipment or is legally liable for such loss or damage, always excepting, however, all loss or damage through fire.
|
(D)
|
IN TRANSIT
|
(E)
|
FORGERY OR ALTERATION
|
(F)
|
SECURITIES
|
(1)
|
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
|
(a)
|
counterfeited, or
|
(b)
|
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
|
(c)
|
raised or otherwise altered, or lost, or stolen, or
|
(2)
|
through the Insured's having, in good faith and in the course of business, guaranteed in writing or witnessed any signatures whether for valuable consideration or not and whether or not such guaranteeing or witnessing is ultra vires the Insured, upon any transfers, assignments, bills of sale, powers of attorney, guarantees, endorsements or other obligations upon or in connection with any securities, documents or other written instruments and which pass or purport to pass title to such securities, documents or other written instruments; EXCLUDING, losses caused by FORGERY or ALTERATION of, on or in those instruments covered under Insuring Agreement (E) hereof.
Securities, documents or other written instruments shall be deemed to mean original (including original counterparts) negotiable or non-negotiable agreements which in and of themselves represent an equitable interest, ownership, or debt, including an assignment thereof which instruments are in the ordinary course of business, transferable by delivery of such agreements with any necessary endorsement or assignment.
|
(G)
|
COUNTERFEIT CURRENCY
|
(H)
|
STOP PAYMENT
|
(I)
|
UNCOLLECTIBLE ITEMS OF DEPOSIT
|
A.
|
ADDITIONAL OFFICES OR EMPLOYEES-CONSOLIDATION OR MERGER-NOTICE
|
|
1.
|
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.
|
|
2.
|
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.
|
B.
|
WARRANTY
|
C.
|
COURT COSTS AND ATTORNEYS' FEES
(Applicable to all Insuring Agreements or Coverages now or hereafter forming part of this bond)
|
(1)
|
an Employee admits to being guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement; or
|
(2)
|
an Employee is adjudicated to be guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement;
|
(3)
|
in the absence of (1) or (2) above an arbitration panel agrees, after a review of an agreed statement of facts, that an Employee would be found guilty of dishonesty if such Employee were prosecuted.
|
D.
|
FORMER EMPLOYEE
|
(a)
|
"Employee" means:
|
(1)
|
any of the Insured's officers, partners, or employees, and
|
(2)
|
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)
|
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
|
(4)
|
guest students pursuing their studies or duties in any of the Insured's offices, and
|
(5)
|
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
|
(6)
|
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
|
(7)
|
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
|
(8)
|
those persons so designated in Section 15, Central Handling of Securities, and
|
(9)
|
any officer, partner or Employee of
|
a)
|
an investment advisor,
|
b)
|
an underwriter (distributor),
|
c)
|
a transfer agent or shareholder accounting record-keeper, or
|
d)
|
an administrator authorized by written agreement to keep financial and/or other required records,
|
(b)
|
"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.
|
(c)
|
"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.
|
(d)
|
"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.
|
(e)
|
"Items of Deposit" means any one or more checks and drafts. Items of Deposit shall not be deemed uncollectible until the Insured's collection procedures have failed.
|
(a)
|
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).
|
(b)
|
loss due to riot or civil commotion outside the United States of America and Canada; or loss due to military, naval or usurped power, war or insurrection unless such loss occurs in transit in the circumstances recited in Insuring Agreement (D), and unless, when such transit was initiated, there was no knowledge of such riot, civil commotion, military, naval or usurped power, war or insurrection on the part of any person acting for the Insured in initiating such transit.
|
(c)
|
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.
|
(d)
|
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.
|
(e)
|
loss resulting from the complete or partial non-payment of, or default upon, any loan or transaction in the nature of, or amounting to, a loan made by or obtained from the Insured or any of its partners, directors or Employees, whether authorized or unauthorized and whether procured in good faith or through trick, artifice, fraud or false pretenses. unless such loss is covered under Insuring Agreement (A), (E) or (F).
|
(f)
|
loss resulting from any violation by the Insured or by any Employee
|
(1)
|
of law regulating (a) the issuance, purchase or sale of securities, (b) securities transactions upon Security Exchanges or over the counter market, (c) Investment Companies, or (d) Investment Advisors, or
|
(2)
|
of any rule or regulation made pursuant to any such law, unless such loss, in the absence of such laws, rules or regulations, would be covered under Insuring Agreements (A) or (E).
|
(g)
|
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.
|
(h)
|
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).
|
(i)
|
all damages of any type for which the Insured is legally liable, except direct compensatory damages arising from a loss covered under this bond.
|
(j)
|
loss through the surrender of Property away from an office of the Insured as a result of a threat
|
(1)
|
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
|
(2)
|
to do damage to the premises or Property of the Insured, except when covered under Insuring Agreement (A).
|
(k)
|
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).
|
(l)
|
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).
|
(m)
|
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.
|
(a)
|
becomes aware of facts, or
|
(b)
|
receives written notice of an actual or potential claim by a third party which alleges that the Insured is liable under circumstance
|
(a)
|
any one 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
|
(b)
|
any one unintentional or negligent act on the part of any one person resulting in damage to or destruction or misplacement of Property, shall be deemed to be one loss, or
|
(c)
|
all wrongful acts, other than those specified in (a) above, of any one person shall be deemed to be one loss, or
|
(d)
|
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
|
(e)
|
any one casualty or event other than those specified in (a), (b), (c) or (d) preceding, shall be deemed to be one loss, and
|
(a)
|
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
|
(b)
|
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
|
(c)
|
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.
|
(a)
|
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
|
(b)
|
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
|
(a)
|
the total liability of the Underwriter hereunder for loss or losses sustained by any one or more or all of them shall not exceed the limit for which the Underwriter would be liable hereunder if all such loss were sustained by any one of them,
|
(b)
|
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,
|
(c)
|
the Underwriter shall not be responsible for the proper application of any payment made hereunder to said first named Insured,
|
(d)
|
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
|
(e)
|
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.
|
(a)
|
the names of the transferors and transferees (or the names of the beneficial owners if the voting securities are requested in another name), and
|
(b)
|
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
|
(c)
|
the total number of outstanding voting securities.
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
1.
|
All the terms and conditions of bond form 41206 (9/84) shall apply to coverage as is afforded by this endorsement unless specifically stated otherwise herein or in any endorsement attached hereto.
|
2.
|
The Optional Insuring Agreements and Coverages section of Items 3 of the Declarations is hereby deleted in its entirety and is replaced with the following:
|
Single Loss
|
Single Loss
|
|||||||
Limit of Liability
|
Deductible
|
|||||||
Computer Systems Fraud
|
$ | 1,000,000 | $ | 100,000 | ||||
Data Processing Service Operations
|
$ | 1,000,000 | $ | 100,000 | ||||
Voice Initiated Transfer Fraud
|
$ | 1,000,000 | $ | 100,000 | ||||
Telefacsimile Transfer Fraud
|
$ | 1,000,000 | $ | 100,000 | ||||
Destruction of Data or Programs by Hacker
|
$ | 1,000,000 | $ | 100,000 | ||||
Destruction of Data or Programs by Virus
|
$ | 1,000,000 | $ | 100,000 | ||||
Voice Computer Systems Fraud
|
$ | 1,000,000 | $ | 100,000 |
3.
|
The Declarations page is hereby amended by adding the following paragraph to the end thereof:
|
4.
|
The Insuring Agreements are hereby amended by adding the following Insuring Agreements to the Bond:
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
(J)
|
Loss resulting directly from a fraudulent:
|
|
(1)
|
entry of Electronic Data or Computer Program into, or
|
|
(2)
|
change of Electronic Data or Computer Program within
|
|
(i)
|
Property to be transferred, paid or delivered,
|
|
(ii)
|
an account of the Insured, or of its customer, to be added, deleted, debited or credited, or
|
(iii)
|
an unauthorized account or a fictitious account to be debited or credited.
|
|
(a)
|
on an instruction from a software contractor who has a written agreement with the Insured to design, implement or service programs for a Computer System covered by this Insuring Agreement, or
|
|
(b)
|
on an instruction transmitted by Tested telex or similar means of Tested communication identified in the application for this bond purportedly sent by a customer, financial institution or automated clearing house.
|
(K)
|
Loss sustained by a Client of the Insured resulting directly from a fraudulent:
|
|
(1)
|
entry of Electronic Data or a Computer Program into, or
|
|
(2)
|
change of Electronic Data or a Computer Program within
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(3)
|
entry or change of Electronic Data during electronic transmission or physical transit from the Insured to its Client, provided that the entry or change causes:
|
|
(i)
|
Property to be transferred, paid or delivered,
|
|
(ii)
|
an account of the Client, or a customer of the Client, to be added, deleted, debited or credited, or
|
|
(iii)
|
an unauthorized account or a fictitious account to be debited or credited,
|
|
(a)
|
on an instruction from a software contractor who has a written agreement with the Insured to design, implement or service programs for a Computer System covered by this Insuring Agreement, or
|
|
(b)
|
on an instruction transmitted by Tested telex or similar means of Tested communication identified in the application for this bond purportedly sent by a customer, financial institution or automated clearing house.
|
(L)
|
Loss resulting directly from the Insured having, in good faith, transferred Funds from a Customer's account through a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement in reliance upon a fraudulent voice instruction transmitted by telephone which was purported to be from:
|
(1)
|
an officer, director, partner or employee of a Customer of the Insured who was authorized by the Customer to instruct the Insured to make such transfer,
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
(2)
|
an individual person who is a Customer of the Insured, or
|
|
(3)
|
an Employee of the Insured in another office of the Insured who was authorized by the Insured to instruct other Employees of the Insured to transfer Funds,
|
|
(i)
|
such voice instruction was electronically recorded by the Insured and required password(s) or code word(s) given; and
|
|
(ii)
|
if the transfer was in excess of the amount shown on the Declarations Page as the verification call-back amount for this Insuring Agreement, the voice instruction was verified by a call-back according to a prearranged procedure.
|
(M)
|
Loss resulting directly from the Insured having, in good faith, transferred or delivered Funds, Certificated Securities or Uncertificated Securities through a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement in reliance upon a fraudulent instruction received through a Telefacsimile Device, and which instruction:
|
|
(1)
|
purports and reasonably appears to have originated from:
|
|
(a)
|
a Customer of the Insured,
|
|
(b)
|
another financial institution, or
|
|
(c)
|
another office of the Insured
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(2)
|
contains a valid test code which proves to have been used by a person who was not authorized to make use of it, and
|
(3)
|
contains the name of a person authorized to initiate such transfer;
|
(N)
|
Loss resulting directly from the malicious destruction of, or damage to, Electronic Data or Computer Programs owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement.
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
(O)
|
Loss resulting directly from the malicious destruction of, or damage to, Electronic Data or Computer Programs owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement if such destruction or damage was caused by a computer program or similar instruction which was written or altered to incorporate a hidden instruction designed to destroy or damage Electronic Data or Computer Programs in the Computer System in which the computer program or instruction so written or so altered is used.
|
(P)
|
Loss resulting directly from charges for voice telephone long-distance toll calls which were incurred due to the fraudulent use or fraudulent manipulation of an Account Code or System Password required to obtain access to a Voice Computer System owned or leased by the Insured, installed on the Insured's premises, whose System Administration is performed and controlled by the Insured; provided, however, that the unauthorized access was not made possible by
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(1)
|
failure to incorporate a System Password feature or failure to change the System Password at least once every 30 days thereafter, or
|
|
(2)
|
failure to have a call-disconnect feature in operation to automatically terminate a caller's access to the Voice Computer System after not more than three unsuccessful attempts to input an Account Code.
|
5.
|
GENERAL AGREEMENTS B. ADDITIONAL OFFICES OR EMPLOYEES-CONSOLIDATION OR MERGER-NOTICE is hereby deleted in its entirety and is replaced with the following:
|
|
B.
|
If the Insured shall, while this bond is in force, establish any additional offices, other than by consolidation or merger with, or purchase or acquisition of assets or liabilities or computer systems of, another institution, such offices and computer systems shall be automatically covered hereunder from the date of such establishment without the requirement of notice to the Underwriter or the payment of additional premium for the remainder of the premium period.
|
|
(a)
|
has occurred or will occur in offices or premises or computer systems, or
|
|
(b)
|
has been caused or will be caused by an employee or employees of such institution, or
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(c)
|
has arisen or will arise out of the assets or liabilities or computer systems acquired by the Insured as a result of such consolidation, merger or purchase of assets or liabilities or computer systems unless the Insured shall:
|
|
(i)
|
give the Underwriter written notice of the proposed consolidation, merger or purchase of assets or liabilities or computer systems prior to the proposed effective date of such action; and
|
|
(ii)
|
obtain the written consent of the Underwriter to extend the coverage provided by this bond to such additional offices or premises or computer systems, Employees and other exposures; and
|
|
(iii)
|
upon obtaining such consent, pay to the Underwriter an additional premium.
|
6.
|
Solely for the coverage provided by this rider, Section 1. DEFINITIONS (o) "Property" of the CONDITIONS AND LIMITATIONS section is hereby amended to include Electronic Data and Computer Programs.
|
7.
|
Solely for the coverage provided by this rider, Section 1. DEFINITIONS of the CONDITIONS AND LIMITATIONS section is hereby amended by adding the following definitions to the end thereof:
|
(i)
|
Account Code means a confidential and protected string of characters which identifies or authenticates a person and permits that person to gain access to a Voice Computer System for the purpose of making toll calls or utilizing voice mail box messaging capabilities or other similar functional features of the System;
|
(ii)
|
Computer Program means a set of related electronic instructions which direct the operations and functions of a computer or devices connected to it which enable the computer or devices to receive, process, store or send Electronic Data;
|
(iii)
|
Computer System means:
|
|
(1)
|
computers with related peripheral components, including storage components wherever located;
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(2)
|
systems and applications software;
|
(3)
|
terminal devices; and
|
(4)
|
related communication networks, including the internet
|
|
(iv)
|
Electronic Data means facts or information converted to a form usable in a Computer System by Computer Programs and which is stored on magnetic tapes or disks, or optical storage disks or other bulk media;
|
|
(v)
|
Funds means Money on deposit in an account;
|
|
(vi)
|
System Administration means the performance of security functions including but not limited to defining authorized persons to access a Voice Computer System and adding, changing and deleting Account Codes or passwords in connection therewith; and invoking or revoking a System option which directs telephone call routing or which adds, moves or drops telephone lines or which performs any other similar activity allowed by a hardware or software-based System option that has been incorporated by a manufacturer or vendor into a System or any component thereof provided said System option is not intended for the sole use of such manufacturer or vendor;
|
|
(vii)
|
System Maintenance means the performance of hardware and software installation, diagnostics and corrections and similar activities that are performed in the usual custom and practice by a manufacturer or vendor to establish or maintain the basic operational functionality of a Voice Computer System or any component thereof;
|
(viii)
|
System Password means a confidential and protected string of characters which identifies or authenticates a person and permits that person to gain access to a Voice Computer System or any portion thereof for the purpose of performing System Administration or System Maintenance activities;
|
|
(ix)
|
Telefacsimile Device means a machine capable of sending or receiving a duplicate image of a document by means of electronic impulses transmitted through a telephone line and which reproduces the duplicate image on paper;
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(x)
|
Tested means a method of authenticating the contents of a communication by placing a valid test key on it which has been agreed upon by the Insured and a customer, automated clearing house, or another financial institution for the purpose of protecting the integrity of the communication in the ordinary course of business;
|
|
(xi)
|
Uncertificated Security means a share, participation or other interest in property of, or an enterprise of, the issuer or an obligation of the issuer, which is:
|
|
1)
|
not represented by an instrument and the transfer of which is registered upon books maintained for that purpose by or on behalf of the issuer;
|
|
2)
|
of a type commonly dealt in securities, exchanges or markets; and
|
|
3)
|
either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations;
|
|
(xii)
|
Voice Computer System means a Computer System installed in one location which functions as a private branch exchange (PBX), voice mail processor, automated call attendant or provides a similar capability used for the direction or routing of telephone calls in a voice communications network.
|
8.
|
Solely for the coverage provided by this rider, Section 2. EXCLUSIONS of the CONDITIONS AND LIMITATIONS section is hereby amended by adding the following definitions to the end thereof:
|
|
(i)
|
any loss of the type or kind covered by any other Insuring Agreement provided in this financial institution bond, regardless of any deductible amount or limit of liability;
|
|
(ii)
|
loss caused by a director or Employee of the Insured or by a person in collusion with any director or Employee of the Insured; (Collusion shall include the willful withholding of knowledge from the Insured by any director or Employee that a fraudulent act by a person not an Employee has been or will be perpetrated against the Insured.);
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(iii)
|
loss resulting directly or indirectly from entry or change of Electronic Data or Computer Programs in a Computer System, unless covered under the COMPUTER SYSTEMS FRAUD or DATA PROCESSING SERVICE OPERATIONS Insuring Agreements;
|
|
(iv)
|
loss resulting directly or indirectly from the Insured having transferred Funds in reliance on the validity of a voice instruction, unless covered under the COMPUTER SYSTEMS FRAUD or VOICE INITIATED TRANSFER FRAUD Insuring Agreements;
|
|
(v)
|
loss resulting directly or indirectly by the Insured having transferred or delivered Funds, Certificated Securities or Uncertificated Securities in reliance on an instruction received through a Telefacsimile Device, unless covered under the TELEFACSIMILE TRANSFER FRAUD Insuring Agreement;
|
|
(vi)
|
loss resulting directly or indirectly from theft of confidential information;
|
|
(vii)
|
loss resulting directly or indirectly from the assumption of liability by the Insured by contract unless the liability arises from a loss covered by this rider and would be imposed on the Insured regardless of the existence of the contract;
|
(viii)
|
the cost of duplication of Electronic Data or Computer Programs, unless covered under the DESTRUCTION OF DATA OR PROGRAMS BY HACKER or DESTRUCTION OF DATA OR PROGRAMS BY VIRUS Insuring Agreements;
|
|
(ix)
|
loss involving a Voice Computer System, unless covered under the VOICE COMPUTER SYSTEM FRAUD Insuring Agreement;
|
|
(x)
|
loss resulting directly or indirectly from:
|
|
(1)
|
written instructions or advices, or
|
|
(2)
|
telegraphic or cable instructions or advices;
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(xi)
|
loss resulting directly or indirectly from negotiable instruments, securities, documents or other written instruments which bear a forged signature, or are counterfeit, altered or otherwise fraudulent and which are used as source documentation in the preparation of Electronic Data or manually keyed into a data terminal;
|
|
(xii)
|
loss resulting directly or indirectly from the fraudulent preparation, or fraudulent modification of Computer Programs unless covered under the COMPUTER SYSTEMS FRAUD or DATA PROCESSING SERVICE OPERATIONS Insuring Agreements;
|
(xiii)
|
loss resulting directly or indirectly from:
|
|
a.
|
mechanical failure, faulty construction, error in design, latent defect, fire, wear or tear, gradual deterioration, electrical disturbance or electrical surge which affects a Computer System; or
|
|
b.
|
failure or breakdown of electronic data processing media; or
|
|
c.
|
error or omission in programming or processing;
|
(xiv)
|
loss as a result of a threat to Computer System operations;
|
|
(xv)
|
loss resulting directly or indirectly from the use of a telephone credit, debit, charge, identification or similar card to gain access to the Insured's Voice Computer System;
|
|
(xvi)
|
loss resulting directly or indirectly from the input of Electronic Data into a Computer System terminal device either on the premises of a customer of the Insured or under the control of such customer by a person who had authorized access to the customer's authentication mechanism.
|
(xvii)
|
loss resulting directly or indirectly from payments made or withdrawals from a depositor's account involving items of deposit which are not finally paid for any reason;
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
(xviii)
|
loss of potential income, including but not limited to interest and dividends;
|
(xix)
|
loss of any type for which the Insured is legally liable, except compensatory damages, but not multiples thereof, arising directly from a loss covered under this policy;
|
|
(xx)
|
any fees, costs and expenses incurred by the Insured;
|
(xxi)
|
indirect or consequential loss of any nature;
|
(xxii)
|
loss involving automated mechanical devices which on behalf of the Insured, disburse money, accept deposits, cash checks, drafts or similar written instruments, or make credit card loans;
|
(xxiii)
|
loss due to riot or civil commotion or loss due to military, naval or usurped power, war or insurrection;
|
(xxiv)
|
loss resulting directly or indirectly from the effects of nuclear fission or fusion or radioactivity; provided, however, that this exclusion shall not apply to loss resulting from industrial uses of nuclear energy; and
|
(xxv)
|
loss as a result of a threat
|
1)
|
to do bodily harm to any person;
|
2)
|
to do damage to the premises or property of the Insured; or
|
3)
|
to Computer Systems operations;
|
9.
|
Solely for the coverage provided by this rider, Section 5. LOSS -NOTICE -PROOF- LEGAL PROCEEDINGS of the CONDITIONS AND LIMITATIONS section is hereby amended by adding the following section to the end thereof:
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
AUTHORIZED REPRESENTATIVE
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
policy number 03-582-80-18
|
||
issued to KOHLBERG CAPITAL CORPORATION |
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
1.
|
Insuring Agreement (A) FIDELITY of the INSURING AGREEMENTS Clause is deleted in its entirety and replaced with the following:
|
(A)
|
Loss resulting directly from dishonest or fraudulent acts committed by an Employee acting alone or in collusion with others.
|
(a)
|
to cause the Insured to sustain such loss; or
|
(b)
|
to obtain financial benefit for the Employee or another person or entity.
|
2.
|
Solely for the purpose of Insuring Agreement (A) FIDELITY (as amended by this rider), the following definitions are added to the attached bond:
|
|
"Loans" means all extensions of credit by the Insured and all transactions creating a creditor relationship in favor of the Insured and all transactions by which the Insured assumes an existing creditor relationship.
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
3.
|
Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated.
|
AUTHORIZED REPRESENTATIVE
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
I.
|
The Cancellation and When We Do Not Renew provisions are deleted and replaced by the following:
|
(a)
|
CANCELLATION BY THE INSURED
|
|
(b)
|
CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL BY THE INSURER
|
|
(i)
|
If this policy has been in effect for sixty (60) or fewer days when cancellation notice is mailed, and this policy is not a renewal of a policy issued by the Insurer, then this policy may be cancelled by the Insurer by mailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than twenty (20) days thereafter (fifteen (15) days thereafter if cancellation is because of one of the reasons for cancellation set forth in subsection (ii) below) the cancellation shall be effective. Notice of cancellation issued by the Insurer shall specify the grounds for cancellation.
|
|
(ii)
|
If this policy has been in effect for more than sixty (60) days when notice of cancellation is mailed, or if this policy is a renewal of a policy issued by the Insurer, then this policy may be cancelled by the Insurer by mailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than fifteen (15) days thereafter the cancellation shall be effective; however, such cancellation must be based on one or more of the following:
|
|
(A)
|
nonpayment of premium, provided, however, that a notice of cancellation on this ground shall inform the first Named Insured of the amount due;
|
|
(B)
|
conviction of a crime arising out of acts increasing the hazard insured against;
|
|
(C)
|
discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder;
|
|
(D)
|
after issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially increases the hazard insured against, and which occurred subsequent to inception of the current Policy Period;
|
(E)
|
material change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed;
|
(F)
|
required pursuant to a determination by the New York Superintendent of Insurance that continuation of the present premium volume of the Insurer would jeopardize the Insurer's solvency or be hazardous to the interests of Insureds of the Insurer, its creditors or the public;
|
(G)
|
a determination by the New York Superintendent of Insurance that the continuation of the policy would violate, or would place the Insurer in violation of, any provision of the New York Insurance Law;
|
(H)
|
revocation or suspension of an Insured's license to practice his profession; or
|
(I)
|
where the Insurer has reason to believe that there is a probable risk or danger that the Insured will destroy or permit the destruction of the insured property for the purpose of collecting the insurance proceeds, provided, however, that:
|
|
(1)
|
a notice of cancellation on this ground shall inform the Insured in plain language that the Insured must act within ten days if review by the department of the ground for cancellation is desired pursuant to item (3) of this subparagraph (I);
|
|
(2)
|
notice of cancellation on this ground shall be provided simultaneously by the Insurer to the department; and
|
|
(3)
|
upon written request of the Insured made to the department within ten days from the Insured's receipt of notice of cancellation on this ground, the department shall undertake a review of the ground for cancellation to determine whether or not the Insurer has satisfied the criteria for cancellation specified in this subparagraph; if after such review the department finds no sufficient cause for cancellation on this ground, the notice of cancellation on this ground shall be deemed null and void.
|
(A)
|
The Insurer shall mail to the Insured, and to his authorized insurance agent or broker, written notice indicating the Insurer's intention:
|
|
(1)
|
not to renew this policy;
|
|
(2)
|
to condition its renewal upon change of limits, change in type of coverage, reduction of coverage, increased deductible or addition of exclusions or upon increased premiums in excess of ten percent; (exclusive of any premium increase generated as a result of increased exposure units or as a result of experience rating, loss rating, or audit);
|
|
(3)
|
that the policy will not be renewed or will not be renewed upon the same terms, conditions or rates; such alternative renewal notice must be mailed or delivered on a timely basis and advise the Insured that a second notice shall be mailed at a later date indicating the Insurer's intention as specified in subparagraph (1) or (2) of this paragraph (A) and that coverage shall continue on the same terms, conditions and rates as expiring, until the later of the expiration date or sixty (60) days after the second notice is mailed or delivered; such alternative renewal notice also shall advise the insured of the availability of loss information and, upon written request, the request, the insurer shall furnish such loss information within ten (10) days to the insured.
|
(B)
|
A nonrenewal notice as specified in subparagraph (1), a conditional renewal notice as specified in subparagraph (2), and the second notice described in subparagraph (3) of paragraph (A) of this subsection (iii) shall contain the specific reason or reasons for nonrenewal or conditional renewal, and set forth the amount of any premium increase and nature of any other proposed changes.
|
(C)
|
The notice required by paragraph (A) of this subsection (iii) shall be mailed at least sixty (60) but not more than one hundred twenty (120) days in advance of the end of the Policy Period.
|
(1)
|
If the Insurer employs an alternative renewal notice as authorized by subparagraph (3) of paragraph (A) of this subsection (iii), the Insurer shall provide coverage on the same terms, conditions, and rates as the expiring policy, until the later of the expiration date or sixty (60) days after the mailing of the second notice described in such subparagraph.
|
(2)
|
Prior to the expiration date of the policy, in the event that an incomplete or late conditional renewal notice or a late nonrenewal notice is provided by the Insurer, the Policy Period shall be extended, at the same terms and conditions as the expiring policy, except that the annual aggregate limit of the expiring policy shall be increased in proportion to the policy extension, and at the lower of the current rates or the prior period's rates, until sixty (60) days after such notice is mailed, unless the Insured elects to cancel sooner.
|
(3)
|
In the event that a late conditional renewal notice or a late nonrenewal notice is provided by the insurer on or after the expiration date of the policy, coverage shall remain in effect on the same terms and conditions of the expiring policy for another required policy period, and at the lower of the current rates or the prior period's rates unless the insured during the additional required policy period has replaced the coverage or elects to cancel, in which event such cancellation shall be on a pro rata premium basis.
|
(iv)
|
Nothing herein shall be construed to limit the grounds for which the Insurer may lawfully rescind this policy or decline to pay a claim under this policy.
|
(v)
|
Notice required herein to be mailed to the Insured shall be mailed to the Insured at the address shown in Item 1 of the Declarations.
|
(vi)
|
If this policy shall be cancelled by the Insured, the Insurer shall retain the customary short rate proportion of the premium hereon.
|
AUTHORIZED REPRESENTATIVE
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
AUTHORIZED REPRESENTATIVE
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
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:
|
Katonah Debt Advisors, LLC
|
Principal Address:
|
295 MADISON AVE FL 6, NEW YORK, NY 10017-7731
|
Additional Insured:
|
Katonah Management Holdings LLC
|
Principal Address:
|
295 MADISON AVE FL 6, NEW YORK, NY 10017-7731
|
Additional Insured:
|
Kohlberg Capital Funding LLC I
|
Principal Address:
|
295 MADISON AVE FL 6, NEW YORK, NY 10017-7731
|
Additional Insured:
|
Katonah X Management LLC
|
Principal Address:
|
295 MADISON AVE FL 6, NEW YORK, NY 10017-7731
|
Additional Insured:
|
Katonah 2007-1 Management LLC
|
Principal Address:
|
295 MADISON AVE FL 6, NEW YORK, NY 10017-7731
|
Additional Insured:
|
Katonah 2008-II Management LLC
|
Principal Address:
|
295 MADISON AVE FL 6, NEW YORK, NY 10017-7731
|
Additional Insured:
|
Katonah Scotts Cove Capital Management LLC
|
Principal Address:
|
295 MADISON AVE FL 6, NEW YORK, NY 10017-7731
|
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.
|
AUTHORIZED REPRESENTATIVE
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
1.
|
Email Reporting of Claims: In addition to the postal address set forth for any Notice of Claim Reporting under this policy, such notice may also be given in writing pursuant to the policy's other terms and conditions to the Insurer by email at the following email address:
|
2.
|
Definitions: For this endorsement only, the following definitions shall apply:
|
|
(a)
|
"Insurer" means the "Insurer," "Underwriter" or "Company" or other name specifically ascribed in this policy as the insurance company or underwriter for this policy.
|
|
(b)
|
"Notice of Claim Reporting" means "notice of claim/circumstance," "notice of loss" or other reference in the policy designated for reporting of claims, loss or occurrences or situations that may give rise or result in loss under this policy.
|
|
(c)
|
"Policy" means the policy, bond or other insurance product to which this endorsement is attached.
|
3.
|
This endorsement does not apply to any Kidnap & Ransom/Extortion Coverage Section, if any, provided by this policy.
|
AUTHORIZED REPRESENTATIVE
|
This endorsement, effective 12:01 am
|
August 19, 2011
|
forms a part of
|
by
|
National Union Fire Insurance Company of Pittsburgh, Pa.
|
FORM NUMBER
|
EDITION
DATE
|
FORM TITLE
|
||
41205
|
04/95
|
INVESTMENT COMPANY BLANKET BOND DEC PAGE
|
||
41206
|
09/84
|
INVESTMENT COMPANY BLANKET BOND GUTS
|
||
MNSCPT
|
|
COMPUTER CRIME BOND RIDER
|
||
101800
|
06/09
|
INSURING AGREEMENT (A) FIDELITY AMENDED RIDER
|
||
69898
|
09/06
|
NEW YORK AMENDATORY - CANCELLATION/NONRENEWAL
|
||
89644
|
07/05
|
COVERAGE TERRITORY ENDORSEMENT (OFAC)
|
||
101906 | 06/09 | ADDITIONAL INSURED RIDER | ||
99758
|
08/08
|
NOTICE OF CLAIM (REPORTING BY E-MAIL)
|
||
78859
|
|
10/01
|
|
FORMS INDEX ENDORSEMENT
|
AUTHORIZED REPRESENTATIVE
|
Fidelity Bond
|
RESOLVED:
|
That, after considering all relevant factors, the action of the authorized Officers of the Company in obtaining a bond in order to maintain compliance with Rule 17g-1 promulgated under the Investment Company Act of 1940, as amended (“Rule 17g-1”), covering larceny and embezzlement and certain other acts, with a limit liability of $1,000,000, for an aggregate one-year premium not to exceed $15,000, be, and it hereby is, authorized and approved.
|
RESOLVED:
|
That pursuant to Rule 17g-1, Dayl Pearson, President and Chief Executive Officer, and Michael I. Wirth, Chief Financial Officer, Chief Compliance Officer, Treasurer and Secretary, are each hereby designated as an agent for the Company to make the filings and give the notices required by subparagraph (g) of Rule 17g-1.
|
RESOLVED:
|
That the form and amount of such bond, after consideration of all relevant factors including the Company’s assets to which persons covered by the bond have access, the type and terms of arrangements made for custody and safekeeping of assets, and the nature of the securities held, be and they hereby are authorized and approved.
|
Kohlberg Capital Corporation
|
|
By: /s/ Michael I. Wirth
|
|
Dated: August 22, 2011
|
Michael I. Wirth
|
Chief Financial Officer
|