Re:
|
Kohlberg
Capital Corporation
|
Sincerely,
|
|
/s/ Michael I.
Wirth
|
|
Michael I.
Wirth
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Chief Financial
Officer,
|
|
Chief Compliance
Officer
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|
and
Secretary
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POLICY
NUMBER: 04-189-40-26
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REPLACEMENT
OF POLICY NUMBER: N/A
|
ITEM 1.
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Name
of Insured (herein called Insured):
|
KOHLBERG
CAPITAL CORPORATION
|
||
Principal
Address:
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295
MADISON AVE FL6
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|||
NEW
YORK, NY 10017-7731
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||||
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ITEM 2.
|
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Bond Period: from 12:01 a.m.
August 19, 2010 to August 19, 2011 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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|
|||
ITEM 3.
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Limit
of Liability - Subject to Sections 9, 10 and 12
hereof,
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Single
Loss
|
Single
Loss
|
|||||||
Limit
of Liability
|
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)
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$ | 1,000,000 | $ | 100,000 | ||||
Insuring
Agreement H (Stop Payment)
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$ | 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
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$ | 1,000,000 | $ | 100,000 | ||||
Insuring
Agreement (L) Voice Initiated Transfer Fraud
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$ | 1,000,000 | $ | 100,000 | ||||
Insuring
Agreement (M) Telefacsimile Transfer Fraud
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$ | 1,000,000 | $ | 100,000 | ||||
Insuring
Agreement (N) Destruction of Data or Program by Hacker
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$ | 1,000,000 | $ | 100,000 | ||||
Insuring
Agreement (O) Destruction of Data or Program by Virusr
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$ | 1,000,000 | $ | 100,000 | ||||
Insuring
Agreement (P) Voice Computer Systems Fraud
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$ | 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.
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||
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ITEM
4.
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Offices
or Premises Covered-Offices acquired or established subsequent to the
effective date of this bond are covered according to the terms of General
Agreement A. All the Insured's offices or premises in existence at the
time this bond becomes effective are covered under this bond except the
offices or premises located as follows: No
Exceptions
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ITEM
5.
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The
liability of the Underwriter is subject to the terms of the following
riders attached thereto: : Endorsement #1, #2, #3, #4, #5,
#6,
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ITEM 6.
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The
Insured by the acceptance of this bond gives to the Underwriter
terminating or canceling prior bond(s) or policy(ies) No.(s) N/A such
termination or cancellation to be effective as of the time this bond
becomes effective.
|
|
|
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PREMIUM:
|
$
12,000
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PRESIDENT
|
SECRETARY
|
|||
National
Union Fire Insurance
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National
Union Fire Insurance
|
|||
Company
of Pittsburgh, Pa.
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Company
of Pittsburgh, Pa.
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|||
AUTHORIZED REPRESENTATIVE
|
||||
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|
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||
COUNTERSIGNED
AT
|
|
DATE
|
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COUNTERSIGNATURE
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(A)
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FIDELITY
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(a)
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to
cause the Insured to sustain such loss;
and
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(b)
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to
obtain financial benefit for the Employee, or for any other person or
organization intended by the Employee to receive such benefit, other than
salaries, commissions, fees, bonuses, promotions, awards, profit sharing,
pensions or other employee benefits earned in the normal course of
employment.
|
(B)
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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
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(2)
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loss through damage to any such
office by Larceny or theft in, or by burglary, robbery or 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.
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(D)
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IN
TRANSIT
|
(E)
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FORGERY
OR ALTERATION
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(F)
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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)
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counterfeited,
or
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(b)
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forged
as to the signature of any maker, drawer, issuer, endorser, assignor,
lessee, transfer agent or registrar, acceptor, surety or guarantor or as
to the signature of any person signing in any other capacity,
or
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(c)
|
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.
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(G)
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COUNTERFEIT
CURRENCY
|
(H)
|
STOP
PAYMENT
|
(I)
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UNCOLLECTIBLE
ITEMS OF DEPOSIT
|
A.
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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.
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|
2.
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If
an Investment Company, named as Insured herein, shall, while this bond is
in force, merge or consolidate with, or purchase the assets of another
institution, coverage for such acquisition shall apply automatically from
the date of acquisition. The Insured shall notify the Underwriter of such
acquisition within 60 days of said date, and an additional premium shall
be computed only if such acquisition involves additional offices or
employees.
|
B.
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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.
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D.
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FORMER
EMPLOYEE
|
(a)
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"Employee"
means:
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(1)
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any
of the Insured's officers, partners, or employees,
and
|
(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
|
(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)
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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)
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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)
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"Property"
means money (i.e.. currency, coin, bank notes, Federal Reserve notes),
postage and revenue stamps, U.S. Savings Stamps, bullion, precious metals
of all kinds and in any form and articles made therefrom, jewelry,
watches, necklaces, bracelets, gems, precious and semi-precious stones,
bonds, securities, evidences of debts, debentures, scrip, certificates,
interim receipts, warrants, rights, puts, calls, straddles, spreads,
transfers, coupons, drafts, bills of exchange, acceptances, notes, checks,
withdrawal orders, money orders, warehouse receipts, bills of lading,
conditional sales contracts, abstracts of title, insurance policies,
deeds, mortgages under real estate and/or chattels and upon interests
therein, and assignments of such policies, mortgages and instruments, and
other valuable papers, including books of account and other records used
by the Insured in the conduct of its business, and all other instruments
similar to or in the nature of the foregoing including Electronic
Representations of such instruments enumerated above (but excluding all
data processing records) in which the Insured has an interest or in which
the Insured acquired or should have acquired an interest by reason of a
predecessor's declared financial condition at the time of the Insured's
consolidation or merger with, or purchase of the principal assets of, such
predecessor or which are held by the Insured for any purpose or in any
capacity and whether so held by the Insured for any purpose or in any
capacity and whether so held gratuitously or not and whether or not the
Insured is liable therefor.
|
(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, 2010
|
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, 2010
|
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, 2010
|
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,
|
(2)
|
an
individual person who is a Customer of the Insured,
or
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(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
|
|
(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
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
(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.
|
(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.
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
(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
|
|
(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.
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
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
|
|
(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.
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
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;
|
|
(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;
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(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;
|
|
(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
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
|
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.);
|
|
(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;
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
|
(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;
|
|
(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;
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
(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;
|
|
(xv)
|
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;
|
(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
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
issued
to KOHLBERG
CAPITAL CORPORATION
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
(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:
|
AUTHORIZED
REPRESENTATIVE
|
This endorsement, effective
12:01
am
|
August
19, 2010
|
forms
a part of
|
policy
number 04-189-40-26
|
||
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)
|
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, 2010
|
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,
2010
|
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,
2010
|
forms
a part of
|
by
|
National
Union Fire Insurance Company of
Pittsburgh, Pa.
|
AUTHORIZED
REPRESENTATIVE
|
This endorsement,
effective 12:01
am
|
August 19,
2010
|
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,
2010
|
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 ("AND" TO "OR"
EXCEPT
FOR LOANS AND/OR TRADING)
|
||
69898
|
09/06
|
NEW
YORK AMENDATORY - CANCELLATION/NONRENEWAL
|
||
89644
|
07/05
|
COVERAGE
TERRITORY ENDORSEMENT (OFAC)
|
||
99758
|
08/08
|
NOTICE
OF CLAIM (REPORTING BY E-MAIL)
|
||
78859
|
|
10/01
|
|
FORMS
INDEX
ENDORSEMENT
|
AUTHORIZED
REPRESENTATIVE
|
Reported under
Policy/Bond Number: 04-189-40-26
|
Date:__________________
|
Type of Coverage: D&O ________ E&O ________ Fidelity
________
|
(complete the Fidelity Supplemental on
the
next page)
|
KOHLBERG
CAPITAL CORPORATION
|
Contact
Person:
|
||
Title:
|
Case
or Claimant Name:
|
|
Send
Notice of Claims to:
|
Chartis
|
Phone:
|
(888) 602-5246 | |
Financial
Lines Claims
|
Fax:
|
(866) 227-1750 | ||
P.O.
Box 25947
|
Email:
|
c-Claim@chartisinsurance.com
|
||
Shawnee
Mission, KS 66225
|
Cause
of Loss:
|
Employee
Dishonesty
|
_________ |
Computer
Fraud
|
_________ | ||||||
Funds
Transfer
|
_________ |
Robbery/Burglary
|
_________ | |||||||
ID
Theft
|
_________ |
Forgery
|
_________ | |||||||
Client
Property
|
_________ |
In
Transit
|
_________ | |||||||
ERISA
|
_________ |
Credit
Card Forgery
|
_________ | |||||||
|
Other
|
_________
|
|
if
Other, describe:
|
______________________
|
Send
Notice Of Claims To:
|
Chartis
|
Phone: (888 ) 602-5246
|
Financial
Lines Claims
|
Fax:
(866 ) 227-1750
|
|
P.O.
Box 25947
|
Email:
c-Claim@chartisinsurance.com
|
|
Shawnee
Mission, KS 66225
|
|
Exhibit
99.2
|
Fidelity
Bond
|
RESOLVED:
|
That,
after considering all relevant factors, the action of the authorized
Officers of the Company in obtaining a bond issued by Federal Insurance
Company, covering larceny and embezzlement and certain other acts, with a
limit liability of $1,000,000, for an aggregate one-year premium of
$12,000, be, and it hereby is, authorized and
approved.
|
RESOLVED:
|
That
pursuant to Rule 17g-1 under the 1940 Act, as amended, Dayl Pearson,
President and Chief Executive Officer, and Michael I. Wirth, Chief
Financial Officer, Chief Compliance Officer 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 said
Rule.
|
RESOLVED:
|
That
the form and amount of the bond issued by the Federal Insurance Company,
after consideration of all relevant factors including the Company’s
aggregate 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 25, 2010
|
Michael
I. Wirth
|
|
Chief
Financial Officer
|