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BANCROFT FUND LTD — Regulatory Filings 2012
May 25, 2012
34020_rns_2012-05-25_988dba9c-dcdd-4142-a66f-0bee5ab7b919.zip
Regulatory Filings
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40-17G 1 bcvfidbond2012.htm FIDELITY BOND bcvfidbond2012.htm - Generated by SEC Publisher for SEC Filing $$/page=
| Chubb Group of Insurance Companies | ||||||
|---|---|---|---|---|---|---|
| FINANCIAL INSTITUTION INVESTMENT | ||||||
| 15 Mountain View Road, Warren, New Jersey 07059 | COMPANY ASSET PROTECTION BOND | |||||
| NAME OF ASSURED (including its Subsidiaries ): | Bond Number: 82126582 | |||||
| BANCROFT FUND LTD. | ||||||
| FEDERAL INSURANCE COMPANY | ||||||
| 65 MADISON AVENUE, SUITE 550 | Incorporated under the laws of Indiana | |||||
| MORRISTOWN, NJ 07960 | a stock insurance company herein called the COMPANY | |||||
| Capital Center, 251 North Illinois, Suite 1100 | ||||||
| Indianapolis, IN 46204-1927 | ||||||
| ITEM 1. | BOND PERIOD: | from | 12:01 a.m. on | May 1, 2012 | ||
| to | 12:01 a.m. on | May 1, 2013 | ||||
| ITEM 2. | LIMITS OF LIABILITY--DEDUCTIBLE AMOUNTS: | |||||
| If Not Covered is inserted below opposite any specified INSURING CLAUSE, such INSURING CLAUSE | ||||||
| and any other reference shall be deemed to be deleted. There shall be no deductible applicable to any | ||||||
| loss under INSURING CLAUSE 1. sustained by any Investment Company. | ||||||
| DEDUCTIBLE | ||||||
| INSURING CLAUSE | LIMIT OF LIABILITY | AMOUNT | ||||
| 1 | . | Employee | $ 1,050,00 | $ 0 | ||
| 2 | . | On Premises | $ 1,050,00 | $ 50,000 | ||
| 3 | . | In Transit | $ 1,050,00 | $ 50,000 | ||
| 4 | . | Forgery or Alteration | $ 1,050,00 | $ 50,000 | ||
| 5 | . | Extended Forgery | $ 1,050,00 | $ 50,000 | ||
| 6 | . | Counterfeit Money | $ 1,050,00 | $ 50,000 | ||
| 7 | . | Threats to Person | $ 1,050,00 | $ 50,000 | ||
| 8 | . | Computer System | $ 1,050,00 | $ 50,000 | ||
| 9 | . | Voice Initiated Funds Transfer Instruction | $ 1,050,00 | $ 50,000 | ||
| 10 | . | Uncollectible Items of Deposit | $ 250,000 | $ 5,000 | ||
| 11 | . | Audit Expense | $ 250,000 | $ 5,000 | ||
| ITEM 3. | THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING | |||||
| ENDORSEMENTS EXECUTED SIMULTANEOUSLY HEREWITH: | ||||||
| Endorsement Nos. 1 - 5 | ||||||
| IN WITNESS WHEREOF, THE COMPANY has caused this Bond to be signed by its authorized officers, but it shall not be | ||||||
| valid unless also signed by an authorized representative of the Company. |
| ICAP Bond (5-98) - Federal | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 1 of 1 |
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| The COMPANY, in consideration of payment of the required premium, and in reliance | ||||||
|---|---|---|---|---|---|---|
| on the APPLICATION and all other statements made and information furnished to the | ||||||
| COMPANY by the ASSURED, and subject to the DECLARATIONS made a part of this | ||||||
| Bond and to all other terms and conditions of this Bond, agrees to pay the ASSURED | ||||||
| for: | ||||||
| Insuring Clauses | ||||||
| Employee | 1 | . | Loss resulting directly from Larceny or Embezzlement committed by any | |||
| Employee , alone or in collusion with others. | ||||||
| On Premises | 2 | . | Loss of Property resulting directly from robbery, burglary, false pretenses, | |||
| common law or statutory larceny, misplacement, mysterious unexplainable | ||||||
| disappearance, damage, destruction or removal, from the possession, custody or | ||||||
| control of the ASSURED, while such Property is lodged or deposited at premises | ||||||
| located anywhere. | ||||||
| In Transit | 3 | . | Loss of Property resulting directly from common law or statutory larceny, | |||
| misplacement, mysterious unexplainable disappearance, damage or destruction, | ||||||
| while the Property is in transit anywhere: | ||||||
| a. | in an armored motor vehicle, including loading and unloading thereof, | |||||
| b. | in the custody of a natural person acting as a messenger of the ASSURED, | |||||
| or | ||||||
| c. | in the custody of a Transportation Company and being transported in a | |||||
| conveyance other than an armored motor vehicle provided, however, that | ||||||
| covered Property transported in such manner is limited to the following: | ||||||
| (1 | ) | written records, | ||||
| (2 | ) | securities issued in registered form, which are not endorsed or are | ||||
| restrictively endorsed, or | ||||||
| (3 | ) | negotiable instruments not payable to bearer, which are not endorsed | ||||
| or are restrictively endorsed. | ||||||
| Coverage under this INSURING CLAUSE begins immediately on the receipt of | ||||||
| such Property by the natural person or Transportation Company and ends | ||||||
| immediately on delivery to the premises of the addressee or to any representative | ||||||
| of the addressee located anywhere. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 1 of 19 |
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| Insuring Clauses | |||||
|---|---|---|---|---|---|
| (continued) | |||||
| Forgery Or Alteration | 4 | . | Loss resulting directly from: | ||
| a. | Forgery on, or fraudulent material alteration of, any bills of exchange, | ||||
| checks, drafts, acceptances, certificates of deposits, promissory notes, due | |||||
| bills, money orders, orders upon public treasuries, letters of credit, other | |||||
| written promises, orders or directions to pay sums certain in money, or | |||||
| receipts for the withdrawal of Property , or | |||||
| b. | transferring, paying or delivering any funds or other Property , or establishing | ||||
| any credit or giving any value in reliance on any written instructions, advices | |||||
| or applications directed to the ASSURED authorizing or acknowledging the | |||||
| transfer, payment, delivery or receipt of funds or other Property , which | |||||
| instructions, advices or applications fraudulently purport to bear the | |||||
| handwritten signature of any customer of the ASSURED, or shareholder or | |||||
| subscriber to shares of an Investment Company , or of any financial | |||||
| institution or Employee but which instructions, advices or applications either | |||||
| bear a Forgery or have been fraudulently materially altered without the | |||||
| knowledge and consent of such customer, shareholder, subscriber, financial | |||||
| institution or Employee ; | |||||
| excluding, however, under this INSURING CLAUSE any loss covered under | |||||
| INSURING CLAUSE 5. of this Bond, whether or not coverage for INSURING | |||||
| CLAUSE 5. is provided for in the DECLARATIONS of this Bond. | |||||
| For the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile | |||||
| signature is treated the same as a handwritten signature. | |||||
| Extended Forgery | 5 | . | Loss resulting directly from the ASSURED having, in good faith, and in the | ||
| ordinary course of business, for its own account or the account of others in any | |||||
| capacity: | |||||
| a. | acquired, accepted or received, accepted or received, sold or delivered, or | ||||
| given value, extended credit or assumed liability, in reliance on any original | |||||
| Securities, documents or other written instruments which prove to: | |||||
| (1) | bear a Forgery or a fraudulently material alteration, | ||||
| (2) | have been lost or stolen, or | ||||
| (3) | be Counterfeit , or | ||||
| b. | guaranteed in writing or witnessed any signatures on any transfer, | ||||
| assignment, bill of sale, power of attorney, guarantee, endorsement or other | |||||
| obligation upon or in connection with any Securities, documents or other | |||||
| written instruments . | |||||
| Actual physical possession, and continued actual physical possession if taken as | |||||
| collateral, of such Securities, documents or other written instruments by an | |||||
| Employee, Custodian , or a Federal or State chartered deposit institution of the | |||||
| ASSURED is a condition precedent to the ASSURED having relied on such items. | |||||
| Release or return of such collateral is an acknowledgment by the ASSURED that it | |||||
| no longer relies on such collateral. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 2 of 19 |
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| Insuring Clauses | ||||||
|---|---|---|---|---|---|---|
| Extended Forgery | For the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile | |||||
| (continued) | signature is treated the same as a handwritten signature. | |||||
| Counterfeit Money | 6 | . | Loss resulting directly from the receipt by the ASSURED in good faith of any | |||
| Counterfeit money. | ||||||
| Threats To Person | 7 | . | Loss resulting directly from surrender of Property away from an office of the | |||
| ASSURED as a result of a threat communicated to the ASSURED to do bodily | ||||||
| harm to an Employee as defined in Section 1.e. (1), (2) and (5), a Relative or | ||||||
| invitee of such Employee , or a resident of the household of such Employee , who | ||||||
| is, or allegedly is, being held captive provided, however, that prior to the surrender | ||||||
| of such Property : | ||||||
| a. | the Employee who receives the threat has made a reasonable effort to | |||||
| notify an officer of the ASSURED who is not involved in such threat, and | ||||||
| b. | the ASSURED has made a reasonable effort to notify the Federal Bureau of | |||||
| Investigation and local law enforcement authorities concerning such threat. | ||||||
| It is agreed that for purposes of this INSURING CLAUSE, any Employee of the | ||||||
| ASSURED, as set forth in the preceding paragraph, shall be deemed to be an | ||||||
| ASSURED hereunder, but only with respect to the surrender of money, securities | ||||||
| and other tangible personal property in which such Employee has a legal or | ||||||
| equitable interest. | ||||||
| Computer System | 8 | . | Loss resulting directly from fraudulent: | |||
| a. | entries of data into, or | |||||
| b. | changes of data elements or programs within, | |||||
| a Computer System , provided the fraudulent entry or change causes: | ||||||
| (1 | ) | funds or other property to be transferred, paid or delivered, | ||||
| (2 | ) | an account of the ASSURED or of its customer to be added, deleted, | ||||
| debited or credited, or | ||||||
| (3 | ) | an unauthorized account or a fictitious account to be debited or | ||||
| credited. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 3 of 19 |
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| Insuring Clauses | ||||
|---|---|---|---|---|
| (continued) | ||||
| Voice Initiated Funds | 9 | . | Loss resulting directly from Voice Initiated Funds Transfer Instruction directed | |
| Transfer Instruction | to the ASSURED authorizing the transfer of dividends or redemption proceeds of | |||
| Investment Company shares from a Customer's account, provided such Voice | ||||
| Initiated Funds Transfer Instruction was: | ||||
| a. | received at the ASSURED'S offices by those Employees of the ASSURED | |||
| specifically authorized to receive the Voice Initiated Funds Transfer | ||||
| Instruction , | ||||
| b. | made by a person purporting to be a Customer , and | |||
| c. | made by said person for the purpose of causing the ASSURED or Customer | |||
| to sustain a loss or making an improper personal financial gain for such | ||||
| person or any other person. | ||||
| In order for coverage to apply under this INSURING CLAUSE, all Voice Initiated | ||||
| Funds Transfer Instructions must be received and processed in accordance with | ||||
| the Designated Procedures outlined in the APPLICATION furnished to the | ||||
| COMPANY. | ||||
| Uncollectible Items of | 10 | . | Loss resulting directly from the ASSURED having credited an account of a | |
| Deposit | customer, shareholder or subscriber on the faith of any Items of Deposit which | |||
| prove to be uncollectible, provided that the crediting of such account causes: | ||||
| a. | redemptions or withdrawals to be permitted, | |||
| b. | shares to be issued, or | |||
| c. | dividends to be paid, | |||
| from an account of an Investment Company . | ||||
| In order for coverage to apply under this INSURING CLAUSE, the ASSURED | ||||
| must hold Items of Deposit for the minimum number of days stated in the | ||||
| APPLICATION before permitting any redemptions or withdrawals, issuing any | ||||
| shares or paying any dividends with respect to such Items of Deposit . | ||||
| Items of Deposit shall not be deemed uncollectible until the ASSURED'S | ||||
| standard collection procedures have failed. | ||||
| Audit Expense | 11 | . | Expense incurred by the ASSURED for that part of the cost of audits or | |
| examinations required by any governmental regulatory authority or self-regulatory | ||||
| organization to be conducted by such authority, organization or their appointee by | ||||
| reason of the discovery of loss sustained by the ASSURED and covered by this | ||||
| Bond. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 4 of 19 |
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| General Agreements — Additional Companies | A. | If more than one corporation, or Investment Company , or any combination of | ||
|---|---|---|---|---|
| Included As Assured | them is included as the ASSURED herein: | |||
| (1 | ) | The total liability of the COMPANY under this Bond for loss or losses | ||
| sustained by any one or more or all of them shall not exceed the limit for | ||||
| which the COMPANY would be liable under this Bond if all such loss were | ||||
| sustained by any one of them. | ||||
| (2 | ) | Only the first named ASSURED shall be deemed to be the sole agent of the | ||
| others for all purposes under this Bond, including but not limited to the giving | ||||
| or receiving of any notice or proof required to be given and for the purpose of | ||||
| effecting or accepting any amendments to or termination of this Bond. The | ||||
| COMPANY shall furnish each Investment Company with a copy of the | ||||
| Bond and with any amendment thereto, together with a copy of each formal | ||||
| filing of claim by any other named ASSURED and notification of the terms of | ||||
| the settlement of each such claim prior to the execution of such settlement. | ||||
| (3 | ) | The COMPANY shall not be responsible for the proper application of any | ||
| payment made hereunder to the first named ASSURED. | ||||
| (4 | ) | Knowledge possessed or discovery made by any partner, director, trustee, | ||
| officer or supervisory employee of any ASSURED shall constitute knowledge | ||||
| or discovery by all the ASSUREDS for the purposes of this Bond. | ||||
| (5 | ) | If the first named ASSURED ceases for any reason to be covered under this | ||
| Bond, then the ASSURED next named on the APPLICATION shall thereafter | ||||
| be considered as the first named ASSURED for the purposes of this Bond. | ||||
| Representation Made By | B. | The ASSURED represents that all information it has furnished in the | ||
| Assured | APPLICATION for this Bond or otherwise is complete, true and correct. Such | |||
| APPLICATION and other information constitute part of this Bond. | ||||
| The ASSURED must promptly notify the COMPANY of any change in any fact or | ||||
| circumstance which materially affects the risk assumed by the COMPANY under | ||||
| this Bond. | ||||
| Any intentional misrepresentation, omission, concealment or incorrect statement of | ||||
| a material fact, in the APPLICATION or otherwise, shall be grounds for recision of | ||||
| this Bond. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 5 of 19 |
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| General Agreements | ||||
|---|---|---|---|---|
| (continued) | ||||
| Additional Offices Or | C. | If the ASSURED, other than an Investment Company , while this Bond is in force, | ||
| Employees - Consolidation, | merges or consolidates with, or purchases or acquires assets or liabilities of | |||
| Merger Or Purchase Or | another institution, the ASSURED shall not have the coverage afforded under this | |||
| Acquisition Of Assets Or | Bond for loss which has: | |||
| Liabilities - Notice To | (1 | ) | occurred or will occur on premises, or | |
| Company | ||||
| (2 | ) | been caused or will be caused by an employee, or | ||
| (3 | ) | arisen or will arise out of the assets or liabilities, | ||
| of such institution, unless the ASSURED: | ||||
| a. | gives the COMPANY written notice of the proposed consolidation, merger or | |||
| purchase or acquisition of assets or liabilities prior to the proposed effective | ||||
| date of such action, and | ||||
| b. | obtains the written consent of the COMPANY to extend some or all of the | |||
| coverage provided by this Bond to such additional exposure, and | ||||
| c. | on obtaining such consent, pays to the COMPANY an additional premium. | |||
| Change Of Control - | D. | When the ASSURED learns of a change in control (other than in an Investment | ||
| Notice To Company | Company ), as set forth in Section 2(a) (9) of the Investment Company Act of | |||
| 1940, | the ASSURED shall within sixty (60) days give written notice to the | |||
| COMPANY setting forth: | ||||
| (1 | ) | the names of the transferors and transferees (or the names of the beneficial | ||
| owners if the voting securities are registered in another name), | ||||
| (2 | ) | the total number of voting securities owned by the transferors and the | ||
| transferees (or the beneficial owners), both immediately before and after the | ||||
| transfer, and | ||||
| (3 | ) | the total number of outstanding voting securities. | ||
| Failure to give the required notice shall result in termination of coverage for any | ||||
| loss involving a transferee, to be effective on the date of such change in control. | ||||
| Court Costs And | E. | The COMPANY will indemnify the ASSURED for court costs and reasonable | ||
| Attorneys Fees | attorneys' fees incurred and paid by the ASSURED in defense, whether or not | |||
| successful, whether or not fully litigated on the merits and whether or not settled, | ||||
| of any claim, suit or legal proceeding with respect to which the ASSURED would | ||||
| be entitled to recovery under this Bond. However, with respect to INSURING | ||||
| CLAUSE 1., this Section shall only apply in the event that: | ||||
| (1 | ) | an Employee admits to being guilty of Larceny or Embezzlement , | ||
| (2 | ) | an Employee is adjudicated to be guilty of Larceny or Embezzlement , or |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 6 of 19 |
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| General Agreements — Court Costs And | (3) | in the absence of 1 or 2 above, an arbitration panel agrees, after a review of |
|---|---|---|
| Attorneys Fees | an agreed statement of facts between the COMPANY and the ASSURED, | |
| (continued) | that an Employee would be found guilty of Larceny or Embezzlement if | |
| such Employee were prosecuted. | ||
| The ASSURED shall promptly give notice to the COMPANY of any such suit or | ||
| legal proceeding and at the request of the COMPANY shall furnish copies of all | ||
| pleadings and pertinent papers to the COMPANY. The COMPANY may, at its | ||
| sole option, elect to conduct the defense of all or part of such legal proceeding. | ||
| The defense by the COMPANY shall be in the name of the ASSURED through | ||
| attorneys selected by the COMPANY. The ASSURED shall provide all reasonable | ||
| information and assistance as required by the COMPANY for such defense. | ||
| If the COMPANY declines to defend the ASSURED, no settlement without the | ||
| prior written consent of the COMPANY nor judgment against the ASSURED shall | ||
| determine the existence, extent or amount of coverage under this Bond. | ||
| If the amount demanded in any such suit or legal proceeding is within the | ||
| DEDUCTIBLE AMOUNT, if any, the COMPANY shall have no liability for court | ||
| costs and attorney's fees incurred in defending all or part of such suit or legal | ||
| proceeding. | ||
| If the amount demanded in any such suit or legal proceeding is in excess of the | ||
| LIMIT OF LIABILITY stated in ITEM 2. of the DECLARATIONS for the applicable | ||
| INSURING CLAUSE, the COMPANY'S liability for court costs and attorney's fees | ||
| incurred in defending all or part of such suit or legal proceedings is limited to the | ||
| proportion of such court costs and attorney's fees incurred that the LIMIT OF | ||
| LIABILITY stated in ITEM 2. of the DECLARATIONS for the applicable INSURING | ||
| CLAUSE bears to the total of the amount demanded in such suit or legal | ||
| proceeding. | ||
| If the amount demanded is any such suit or legal proceeding is in excess of the | ||
| DEDUCTIBLE AMOUNT, if any, but within the LIMIT OF LIABILITY stated in ITEM | ||
| 2. | of the DECLARATIONS for the applicable INSURING CLAUSE, the | |
| COMPANY'S liability for court costs and attorney's fees incurred in defending all or | ||
| part of such suit or legal proceedings shall be limited to the proportion of such | ||
| court costs or attorney's fees that the amount demanded that would be payable | ||
| under this Bond after application of the DEDUCTIBLE AMOUNT, bears to the total | ||
| amount demanded. | ||
| Amounts paid by the COMPANY for court costs and attorneys' fees shall be in | ||
| addition to the LIMIT OF LIABILITY stated in ITEM 2. of the DECLARATIONS. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 7 of 19 |
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| Conditions And | ||||||
|---|---|---|---|---|---|---|
| Limitations | ||||||
| Definitions | 1 | . | As used in this Bond: | |||
| a. | Computer System means a computer and all input, output, processing, | |||||
| storage, off-line media libraries, and communication facilities which are | ||||||
| connected to the computer and which are under the control and supervision | ||||||
| of the operating system(s) or application(s) software used by the ASSURED. | ||||||
| b. | Counterfeit means an imitation of an actual valid original which is intended | |||||
| to deceive and be taken as the original. | ||||||
| c. | Custodian means the institution designated by an Investment Company to | |||||
| maintain possession and control of its assets. | ||||||
| d. | Customer means an individual, corporate, partnership, trust customer, | |||||
| shareholder or subscriber of an Investment Company which has a written | ||||||
| agreement with the ASSURED for Voice Initiated Funds Transfer | ||||||
| Instruction . | ||||||
| e. | Employee means: | |||||
| (1 | ) | an officer of the ASSURED, | ||||
| (2 | ) | a natural person while in the regular service of the ASSURED at any of | ||||
| the ASSURED'S premises and compensated directly by the ASSURED | ||||||
| through its payroll system and subject to the United States Internal | ||||||
| Revenue Service Form W-2 or equivalent income reporting plans of | ||||||
| other countries, and whom the ASSURED has the right to control and | ||||||
| direct both as to the result to be accomplished and details and means | ||||||
| by which such result is accomplished in the performance of such | ||||||
| service, | ||||||
| (3 | ) | a guest student pursuing studies or performing duties in any of the | ||||
| ASSURED'S premises, | ||||||
| (4 | ) | an attorney retained by the ASSURED and an employee of such | ||||
| attorney while either is performing legal services for the ASSURED, | ||||||
| (5 | ) | a natural person provided by an employment contractor to perform | ||||
| employee duties for the ASSURED under the ASSURED'S supervision | ||||||
| at any of the ASSURED'S premises, | ||||||
| (6 | ) | an employee of an institution merged or consolidated with the | ||||
| ASSURED prior to the effective date of this Bond, | ||||||
| (7 | ) | a director or trustee of the ASSURED, but only while performing acts | ||||
| within the scope of the customary and usual duties of any officer or | ||||||
| other employee of the ASSURED or while acting as a member of any | ||||||
| committee duly elected or appointed to examine or audit or have | ||||||
| custody of or access to Property of the ASSURED, or |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 8 of 19 |
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| Conditions And | ||||
|---|---|---|---|---|
| Limitations | ||||
| Definitions | (8 | ) | each natural person, partnership or corporation authorized by written | |
| (continued) | agreement with the ASSURED to perform services as electronic data | |||
| processor of checks or other accounting records related to such checks but | ||||
| only while such person, partnership or corporation is actually performing | ||||
| such services and not: | ||||
| a. | creating, preparing, modifying or maintaining the ASSURED'S | |||
| computer software or programs, or | ||||
| b. | acting as transfer agent or in any other agency capacity in issuing | |||
| checks, drafts or securities for the ASSURED, | ||||
| (9 | ) | any partner, officer or employee of an investment advisor, an underwriter | ||
| (distributor), a transfer agent or shareholder accounting recordkeeper, or an | ||||
| administrator, for an Investment Company while performing acts coming | ||||
| within the scope of the customary and usual duties of an officer or employee | ||||
| of an Investment Company or acting as a member of any committee duly | ||||
| elected or appointed to examine, audit or have custody of or access to | ||||
| Property of an Investment Company . | ||||
| The term Employee shall not include any partner, officer or employee of a | ||||
| transfer agent, shareholder accounting recordkeeper or administrator: | ||||
| a. | which is not an "affiliated person" (as defined in Section 2(a) of the | |||
| Investment Company Act of 1940) of an Investment Company or of | ||||
| the investment advisor or underwriter (distributor) of such Investment | ||||
| Company , or | ||||
| b. | which is a "bank" (as defined in Section 2(a) of the Investment | |||
| Company Act of 1940). | ||||
| This Bond does not afford coverage in favor of the employers of | ||||
| persons as set forth in e. (4), (5) and (8) above, and upon payment to | ||||
| the ASSURED by the COMPANY resulting directly from Larceny or | ||||
| Embezzlement committed by any of the partners, officers or | ||||
| employees of such employers, whether acting alone or in collusion with | ||||
| others, an assignment of such of the ASSURED'S rights and causes of | ||||
| action as it may have against such employers by reason of such acts | ||||
| so committed shall, to the extent of such payment, be given by the | ||||
| ASSURED to the COMPANY, and the ASSURED shall execute all | ||||
| papers necessary to secure to the COMPANY the rights provided for | ||||
| herein. | ||||
| Each employer of persons as set forth in e.(4), (5) and (8) above and the | ||||
| partners, officers and other employees of such employers shall collectively | ||||
| be deemed to be one person for all the purposes of this Bond; excepting, | ||||
| however, the fifth paragraph of Section 13. | ||||
| Independent contractors not specified in e.(4), (5) or (8) above, | ||||
| intermediaries, agents, brokers or other representatives of the same general | ||||
| character shall not be considered Employees . |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 9 of 19 |
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| Conditions And | ||
|---|---|---|
| Limitations | ||
| Definitions | f. | Forgery means the signing of the name of another natural person with the |
| (continued) | intent to deceive but does not mean a signature which consists in whole or in | |
| part of one's own name, with or without authority, in any capacity for any | ||
| purpose. | ||
| g. | Investment Company means any investment company registered under the | |
| Investment Company Act of 1940 and listed under the NAME OF ASSURED | ||
| on the DECLARATIONS. | ||
| h. | Items of Deposit means one or more checks or drafts drawn upon a | |
| financial institution in the United States of America. | ||
| i. | Larceny or Embezzlement means larceny or embezzlement as defined in | |
| Section 37 of the Investment Company Act of 1940. | ||
| j. | Property means money, revenue and other stamps; securities; including any | |
| note, stock, treasury stock, bond, debenture, evidence of indebtedness, | ||
| certificate of deposit, certificate of interest or participation in any profit- | ||
| sharing agreement, collateral trust certificate, preorganization certificate or | ||
| subscription, transferable share, investment contract, voting trust certificate, | ||
| certificate of deposit for a security, fractional undivided interest in oil, gas, or | ||
| other mineral rights, any interest or instruments commonly known as a | ||
| security under the Investment Company Act of 1940, any other certificate of | ||
| interest or participation in, temporary or interim certificate for, receipt for, | ||
| guarantee of, or warrant or right to subscribe to or purchase any of the | ||
| foregoing; bills of exchange; acceptances; checks; withdrawal orders; money | ||
| orders; travelers' letters of credit; bills of lading; abstracts of title; insurance | ||
| policies, deeds, mortgages on real estate and/or upon chattels and interests | ||
| therein; assignments of such policies, deeds or mortgages; other valuable | ||
| papers, including books of accounts and other records used by the | ||
| ASSURED in the conduct of its business (but excluding all electronic data | ||
| processing records); and, all other instruments similar to or in the nature of | ||
| the foregoing in which the ASSURED acquired an interest at the time of the | ||
| ASSURED'S consolidation or merger with, or purchase of the principal | ||
| assets of, a predecessor or which are held by the ASSURED for any | ||
| purpose or in any capacity and whether so held gratuitously or not and | ||
| whether or not the ASSURED is liable therefor. | ||
| k. | Relative means the spouse of an Employee or partner of the ASSURED | |
| and any unmarried child supported wholly by, or living in the home of, such | ||
| Employee or partner and being related to them by blood, marriage or legal | ||
| guardianship. | ||
| l. | Securities, documents or other written instruments means original | |
| (including original counterparts) negotiable or non-negotiable instruments, or | ||
| assignments thereof, which in and of themselves represent an equitable | ||
| interest, ownership, or debt and which are in the ordinary course of business | ||
| transferable by delivery of such instruments with any necessary | ||
| endorsements or assignments. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 10 of 19 |
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| Conditions And | ||||
|---|---|---|---|---|
| Limitations | ||||
| Definitions | m. | Subsidiary means any organization that, at the inception date of this Bond, | ||
| (continued) | is named in the APPLICATION or is created during the BOND PERIOD and | |||
| of which more than fifty percent (50%) of the outstanding securities or voting | ||||
| rights representing the present right to vote for election of directors is owned | ||||
| or controlled by the ASSURED either directly or through one or more of its | ||||
| subsidiaries. | ||||
| n. | Transportation Company means any organization which provides its own | |||
| or its leased vehicles for transportation or which provides freight forwarding | ||||
| or air express services. | ||||
| o. | Voice Initiated Election means any election concerning dividend options | |||
| available to Investment Company shareholders or subscribers which is | ||||
| requested by voice over the telephone. | ||||
| p. | Voice Initiated Redemption means any redemption of shares issued by an | |||
| Investment Company which is requested by voice over the telephone. | ||||
| q. | Voice Initiated Funds Transfer Instruction means any Voice Initiated | |||
| Redemption or Voice Initiated Election . | ||||
| For the purposes of these definitions, the singular includes the plural and the | ||||
| plural includes the singular, unless otherwise indicated. | ||||
| General Exclusions - | 2 | . | This bond does not directly or indirectly cover: | |
| Applicable to All Insuring | a. | loss not reported to the COMPANY in writing within sixty (60) days after | ||
| Clauses | termination of this Bond as an entirety; | |||
| b. | loss due to riot or civil commotion outside the United States of America and | |||
| Canada, or any loss due to military, naval or usurped power, war or | ||||
| insurrection. This Section 2.b., however, shall not apply to loss which occurs | ||||
| in transit in the circumstances recited in INSURING CLAUSE 3., provided | ||||
| that when such transit was initiated there was no knowledge on the part of | ||||
| any person acting for the ASSURED of such riot, civil commotion, military, | ||||
| naval or usurped power, war or insurrection; | ||||
| c. | loss resulting from the effects of nuclear fission or fusion or radioactivity; | |||
| d. | loss of potential income including, but not limited to, interest and dividends | |||
| not realized by the ASSURED or by any customer of the ASSURED; | ||||
| e. | damages of any type for which the ASSURED is legally liable, except | |||
| compensatory damages, but not multiples thereof, arising from a loss | ||||
| covered under this Bond; | ||||
| f. | costs, fees and expenses incurred by the ASSURED in establishing the | |||
| existence of or amount of loss under this Bond, except to the extent covered | ||||
| under INSURING CLAUSE 11.; | ||||
| g. | loss resulting from indirect or consequential loss of any nature; |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 11 of 19 |
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| Conditions And | |||||||
|---|---|---|---|---|---|---|---|
| Limitations | |||||||
| General Exclusions - | h. | loss resulting from dishonest acts by any member of the Board of Directors | |||||
| Applicable to All Insuring | or Board of Trustees of the ASSURED who is not an Employee , acting | ||||||
| Clauses | alone or in collusion with others; | ||||||
| (continued) | i. | loss, or that part of any loss, resulting solely from any violation by the | |||||
| ASSURED or by any Employee : | |||||||
| (1 | ) | of any law regulating: | |||||
| a. | the issuance, purchase or sale of securities, | ||||||
| b. | securities transactions on security or commodity exchanges or | ||||||
| the over the counter market, | |||||||
| c. | investment companies, | ||||||
| d. | investment advisors, or | ||||||
| (2 | ) | of any rule or regulation made pursuant to any such law; or | |||||
| j. | loss of confidential information, material or data; | ||||||
| k. | loss resulting from voice requests or instructions received over the | ||||||
| telephone, provided however, this Section 2.k. shall not apply to INSURING | |||||||
| CLAUSE 7. or 9. | |||||||
| Specific Exclusions - | 3 | . | This Bond does not directly or indirectly cover: | ||||
| Applicable To All Insuring | a. | loss caused by an Employee , provided, however, this Section 3.a. shall not | |||||
| Clauses Except Insuring | apply to loss covered under INSURING CLAUSE 2. or 3. which results | ||||||
| Clause 1. | directly from misplacement, mysterious unexplainable disappearance, or | ||||||
| damage or destruction of Property ; | |||||||
| b. | loss through the surrender of property away from premises of the ASSURED | ||||||
| as a result of a threat: | |||||||
| (1 | ) | to do bodily harm to any natural person, except loss of Property in | |||||
| transit in the custody of any person acting as messenger of the | |||||||
| ASSURED, provided that when such transit was initiated there was no | |||||||
| knowledge by the ASSURED of any such threat, and provided further | |||||||
| that this Section 3.b. shall not apply to INSURING CLAUSE 7., or | |||||||
| (2 | ) | to do damage to the premises or Property of the ASSURED; | |||||
| c. | loss resulting from payments made or withdrawals from any account | ||||||
| involving erroneous credits to such account; | |||||||
| d. | loss involving Items of Deposit which are not finally paid for any reason | ||||||
| provided however, that this Section 3.d. shall not apply to INSURING | |||||||
| CLAUSE 10.; | |||||||
| e. | loss of property while in the mail; |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 12 of 19 |
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| Conditions And | ||||
|---|---|---|---|---|
| Limitations | ||||
| Specific Exclusions - | f. | loss resulting from the failure for any reason of a financial or depository | ||
| Applicable To All Insuring | institution, its receiver or other liquidator to pay or deliver funds or other | |||
| Clauses Except Insuring | Property to the ASSURED provided further that this Section 3.f. shall not | |||
| Clause 1. | apply to loss of Property resulting directly from robbery, burglary, | |||
| (continued) | misplacement, mysterious unexplainable disappearance, damage, | |||
| destruction or removal from the possession, custody or control of the | ||||
| ASSURED. | ||||
| g. | loss of Property while in the custody of a Transportation Company , | |||
| provided however, that this Section 3.g. shall not apply to INSURING | ||||
| CLAUSE 3.; | ||||
| h. | loss resulting from entries or changes made by a natural person with | |||
| authorized access to a Computer System who acts in good faith on | ||||
| instructions, unless such instructions are given to that person by a software | ||||
| contractor or its partner, officer, or employee authorized by the ASSURED to | ||||
| design, develop, prepare, supply, service, write or implement programs for | ||||
| the ASSURED's Computer System ; or | ||||
| i. | loss resulting directly or indirectly from the input of data into a Computer | |||
| System terminal, either on the premises of the customer of the ASSURED | ||||
| or under the control of such a customer, by a customer or other person who | ||||
| had authorized access to the customer's authentication mechanism. | ||||
| Specific Exclusions - | 4 | . | This bond does not directly or indirectly cover: | |
| Applicable To All Insuring | a. | loss resulting from the complete or partial non-payment of or default on any | ||
| Clauses Except Insuring | loan whether such loan was procured in good faith or through trick, artifice, | |||
| Clauses 1., 4., And 5. | fraud or false pretenses; provided, however, this Section 4.a. shall not apply | |||
| to INSURING CLAUSE 8.; | ||||
| b. | loss resulting from forgery or any alteration; | |||
| c. | loss involving a counterfeit provided, however, this Section 4.c. shall not | |||
| apply to INSURING CLAUSE 5. or 6. | ||||
| Limit Of Liability/Non- | 5 | . | At all times prior to termination of this Bond, this Bond shall continue in force for | |
| Reduction And Non- | the limit stated in the applicable sections of ITEM 2. of the DECLARATIONS, | |||
| Accumulation Of Liability | notwithstanding any previous loss for which the COMPANY may have paid or be | |||
| liable to pay under this Bond provided, however, that the liability of the COMPANY | ||||
| under this Bond with respect to all loss resulting from: | ||||
| a. | any one act of burglary, robbery or hold-up, or attempt thereat, in which no | |||
| Employee is concerned or implicated, or | ||||
| b. | any one unintentional or negligent act on the part of any one person | |||
| resulting in damage to or destruction or misplacement of Property , or | ||||
| c. | all acts, other than those specified in a. above, of any one person, or |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 13 of 19 |
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| Conditions And | ||||
|---|---|---|---|---|
| Limitations | ||||
| Limit Of Liability/Non- | d. | any one casualty or event other than those specified in a., b., or c. above, | ||
| Reduction And Non- | shall be deemed to be one loss and shall be limited to the applicable LIMIT OF | |||
| Accumulation Of Liability | LIABILITY stated in ITEM 2. of the DECLARATIONS of this Bond irrespective of | |||
| (continued) | the total amount of such loss or losses and shall not be cumulative in amounts | |||
| from year to year or from period to period. | ||||
| All acts, as specified in c. above, of any one person which | ||||
| i. | directly or indirectly aid in any way wrongful acts of any other person or | |||
| persons, or | ||||
| ii. | permit the continuation of wrongful acts of any other person or persons | |||
| whether such acts are committed with or without the knowledge of the wrongful | ||||
| acts of the person so aided, and whether such acts are committed with or without | ||||
| the intent to aid such other person, shall be deemed to be one loss with the | ||||
| wrongful acts of all persons so aided. | ||||
| Discovery | 6 | . | This Bond applies only to loss first discovered by an officer of the ASSURED | |
| during the BOND PERIOD. Discovery occurs at the earlier of an officer of the | ||||
| ASSURED being aware of: | ||||
| a. | facts which may subsequently result in a loss of a type covered by this Bond, | |||
| or | ||||
| b. | an actual or potential claim in which it is alleged that the ASSURED is liable | |||
| to a third party, | ||||
| regardless of when the act or acts causing or contributing to such loss occurred, | ||||
| even though the amount of loss does not exceed the applicable DEDUCTIBLE | ||||
| AMOUNT, or the exact amount or details of loss may not then be known. | ||||
| Notice To Company - | 7 | . | a. | The ASSURED shall give the COMPANY notice thereof at the earliest |
| Proof - Legal Proceedings | practicable moment, not to exceed sixty (60) days after discovery of loss, in | |||
| Against Company | an amount that is in excess of 50% of the applicable DEDUCTIBLE | |||
| AMOUNT, as stated in ITEM 2. of the DECLARATIONS. | ||||
| b. | The ASSURED shall furnish to the COMPANY proof of loss, duly sworn to, | |||
| with full particulars within six (6) months after such discovery. | ||||
| c. | Securities listed in a proof of loss shall be identified by certificate or bond | |||
| numbers, if issued with them. | ||||
| d. | Legal proceedings for the recovery of any loss under this Bond shall not be | |||
| brought prior to the expiration of sixty (60) days after the proof of loss is filed | ||||
| with the COMPANY or after the expiration of twenty-four (24) months from | ||||
| the discovery of such loss. | ||||
| e. | This Bond affords coverage only in favor of the ASSURED. No claim, suit, | |||
| action or legal proceedings shall be brought under this Bond by anyone | ||||
| other than the ASSURED. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 14 of 19 |
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| Conditions And | ||||
|---|---|---|---|---|
| Limitations | ||||
| Notice To Company - | f. | Proof of loss involving Voice Initiated Funds Transfer Instruction shall | ||
| Proof - Legal Proceedings | include electronic recordings of such instructions. | |||
| Against Company | ||||
| (continued) | ||||
| Deductible Amount | 8 | . | The COMPANY shall not be liable under any INSURING CLAUSES of this Bond | |
| on account of loss unless the amount of such loss, after deducting the net amount | ||||
| of all reimbursement and/or recovery obtained or made by the ASSURED, other | ||||
| than from any Bond or policy of insurance issued by an insurance company and | ||||
| covering such loss, or by the COMPANY on account thereof prior to payment by | ||||
| the COMPANY of such loss, shall exceed the DEDUCTIBLE AMOUNT set forth in | ||||
| ITEM 3. of the DECLARATIONS, and then for such excess only, but in no event | ||||
| for more than the applicable LIMITS OF LIABILITY stated in ITEM 2. of the | ||||
| DECLARATIONS. | ||||
| There shall be no deductible applicable to any loss under INSURING CLAUSE 1. | ||||
| sustained by any Investment Company . | ||||
| Valuation | 9 | . | BOOKS OF ACCOUNT OR OTHER RECORDS | |
| The value of any loss of Property consisting of books of account or other records | ||||
| used by the ASSURED in the conduct of its business shall be the amount paid by | ||||
| the ASSURED for blank books, blank pages, or other materials which replace the | ||||
| lost books of account or other records, plus the cost of labor paid by the | ||||
| ASSURED for the actual transcription or copying of data to reproduce such books | ||||
| of account or other records. | ||||
| The value of any loss of Property other than books of account or other records | ||||
| used by the ASSURED in the conduct of its business, for which a claim is made | ||||
| shall be determined by the average market value of such Property on the | ||||
| business day immediately preceding discovery of such loss provided, however, | ||||
| that the value of any Property replaced by the ASSURED with the consent of the | ||||
| COMPANY and prior to the settlement of any claim for such Property shall be the | ||||
| actual market value at the time of replacement. | ||||
| In the case of a loss of interim certificates, warrants, rights or other securities, the | ||||
| production of which is necessary to the exercise of subscription, conversion, | ||||
| redemption or deposit privileges, the value of them shall be the market value of | ||||
| such privileges immediately preceding their expiration if said loss is not discovered | ||||
| until after their expiration. If no market price is quoted for such Property or for | ||||
| such privileges, the value shall be fixed by agreement between the parties. | ||||
| OTHER PROPERTY | ||||
| The value of any loss of Property , other than as stated above, shall be the actual | ||||
| cash value or the cost of repairing or replacing such Property with Property of | ||||
| like quality and value, whichever is less. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 15 of 19 |
$$/page=
| Conditions And | ||||
|---|---|---|---|---|
| Limitations | ||||
| (continued) | ||||
| Securities Settlement | 10 | . | In the event of a loss of securities covered under this Bond, the COMPANY may, | |
| at its sole discretion, purchase replacement securities, tender the value of the | ||||
| securities in money, or issue its indemnity to effect replacement securities. | ||||
| The indemnity required from the ASSURED under the terms of this Section | ||||
| against all loss, cost or expense arising from the replacement of securities by the | ||||
| COMPANY'S indemnity shall be: | ||||
| a. | for securities having a value less than or equal to the applicable | |||
| DEDUCTIBLE AMOUNT - one hundred (100%) percent; | ||||
| b. | for securities having a value in excess of the DEDUCTIBLE AMOUNT but | |||
| within the applicable LIMIT OF LIABILITY - the percentage that the | ||||
| DEDUCTIBLE AMOUNT bears to the value of the securities; | ||||
| c. | for securities having a value greater than the applicable LIMIT OF LIABILITY | |||
| - the percentage that the DEDUCTIBLE AMOUNT and portion in excess of | ||||
| the applicable LIMIT OF LIABILITY bears to the value of the securities. | ||||
| The value referred to in Section 10.a., b., and c. is the value in accordance with | ||||
| Section 9, VALUATION, regardless of the value of such securities at the time the | ||||
| loss under the COMPANY'S indemnity is sustained. | ||||
| The COMPANY is not required to issue its indemnity for any portion of a loss of | ||||
| securities which is not covered by this Bond; however, the COMPANY may do so | ||||
| as a courtesy to the ASSURED and at its sole discretion. | ||||
| The ASSURED shall pay the proportion of the Company's premium charge for the | ||||
| Company's indemnity as set forth in Section 10.a., b., and c. No portion of the | ||||
| LIMIT OF LIABILITY shall be used as payment of premium for any indemnity | ||||
| purchased by the ASSURED to obtain replacement securities. | ||||
| Subrogation - Assignment - 11. | In the event of a payment under this Bond, the COMPANY shall be subrogated to | |||
| Recovery | all of the ASSURED'S rights of recovery against any person or entity to the extent | |||
| of such payment. On request, the ASSURED shall deliver to the COMPANY an | ||||
| assignment of the ASSURED'S rights, title and interest and causes of action | ||||
| against any person or entity to the extent of such payment. | ||||
| Recoveries, whether effected by the COMPANY or by the ASSURED, shall be | ||||
| applied net of the expense of such recovery in the following order: | ||||
| a. | first, to the satisfaction of the ASSURED'S loss which would otherwise have | |||
| been paid but for the fact that it is in excess of the applicable LIMIT OF | ||||
| LIABILITY, | ||||
| b. | second, to the COMPANY in satisfaction of amounts paid in settlement of | |||
| the ASSURED'S claim, | ||||
| c. | third, to the ASSURED in satisfaction of the applicable DEDUCTIBLE | |||
| AMOUNT, and |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 16 of 19 |
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| Conditions And | ||||
|---|---|---|---|---|
| Limitations | ||||
| Subrogation - Assignment - | d. | fourth, to the ASSURED in satisfaction of any loss suffered by the | ||
| Recovery | ASSURED which was not covered under this Bond. | |||
| (continued) | Recovery from reinsurance or indemnity of the COMPANY shall not be deemed a | |||
| recovery under this section. | ||||
| Cooperation Of Assured | 12 | . | At the COMPANY'S request and at reasonable times and places designated by | |
| the COMPANY, the ASSURED shall: | ||||
| a. | submit to examination by the COMPANY and subscribe to the same under | |||
| oath, | ||||
| b. | produce for the COMPANY'S examination all pertinent records, and | |||
| c. | cooperate with the COMPANY in all matters pertaining to the loss. | |||
| The ASSURED shall execute all papers and render assistance to secure to the | ||||
| COMPANY the rights and causes of action provided for under this Bond. The | ||||
| ASSURED shall do nothing after loss to prejudice such rights or causes of action. | ||||
| Termination | 13 | . | If the Bond is for a sole ASSURED, it shall not be terminated unless written notice | |
| shall have been given by the acting party to the affected party and to the | ||||
| Securities and Exchange Commission, Washington, D.C., not less than sixty (60) | ||||
| days prior to the effective date of such termination. | ||||
| If the Bond is for a joint ASSURED, it shall not be terminated unless written notice | ||||
| shall have been given by the acting party to the affected party, and by the | ||||
| COMPANY to all ASSURED Investment Companies and to the Securities and | ||||
| Exchange Commission, Washington, D.C., not less than sixty (60) days prior to | ||||
| the effective date of such termination. | ||||
| This Bond will terminate as to any one ASSURED, other than an Investment | ||||
| Company : | ||||
| a. | immediately on the taking over of such ASSURED by a receiver or other | |||
| liquidator or by State or Federal officials, or | ||||
| b. | immediately on the filing of a petition under any State or Federal statute | |||
| relative to bankruptcy or reorganization of the ASSURED, or assignment for | ||||
| the benefit of creditors of the ASSURED, or | ||||
| c. | immediately upon such ASSURED ceasing to exist, whether through merger | |||
| into another entity, disposition of all of its assets or otherwise. | ||||
| The COMPANY shall refund the unearned premium computed at short rates in | ||||
| accordance with the standard short rate cancellation tables if terminated by the | ||||
| ASSURED or pro rata if terminated for any other reason. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 17 of 19 |
$$/page=
| Conditions And | ||||
|---|---|---|---|---|
| Limitations | ||||
| Termination | If any partner, director, trustee, or officer or supervisory employee of an | |||
| (continued) | ASSURED not acting in collusion with an Employee learns of any dishonest act | |||
| committed by such Employee at any time, whether in the employment of the | ||||
| ASSURED or otherwise, whether or not such act is of the type covered under this | ||||
| Bond, and whether against the ASSURED or any other person or entity, the | ||||
| ASSURED: | ||||
| a. | shall immediately remove such Employee from a position that would enable | |||
| such Employee to cause the ASSURED to suffer a loss covered by this | ||||
| Bond; and | ||||
| b. | within forty-eight (48) hours of learning that an Employee has committed | |||
| any dishonest act, shall notify the COMPANY, of such action and provide full | ||||
| particulars of such dishonest act. | ||||
| The COMPANY may terminate coverage as respects any Employee sixty (60) | ||||
| days after written notice is received by each ASSURED Investment Company | ||||
| and the Securities and Exchange Commission, Washington, D.C. of its desire to | ||||
| terminate this Bond as to such Employee . | ||||
| Other Insurance | 14 | . | Coverage under this Bond shall apply only as excess over any valid and collectible | |
| insurance, indemnity or suretyship obtained by or on behalf of: | ||||
| a. | the ASSURED, | |||
| b. | a Transportation Company , or | |||
| c. | another entity on whose premises the loss occurred or which employed the | |||
| person causing the loss or engaged the messenger conveying the Property | ||||
| involved. | ||||
| Conformity | 15 | . | If any limitation within this Bond is prohibited by any law controlling this Bond's | |
| construction, such limitation shall be deemed to be amended so as to equal the | ||||
| minimum period of limitation provided by such law. | ||||
| Change or Modification | 16 | . | This Bond or any instrument amending or affecting this Bond may not be changed | |
| or modified orally. No change in or modification of this Bond shall be effective | ||||
| except when made by written endorsement to this Bond signed by an authorized | ||||
| representative of the COMPANY. | ||||
| If this Bond is for a sole ASSURED, no change or modification which would | ||||
| adversely affect the rights of the ASSURED shall be effective prior to sixty (60) | ||||
| days after written notice has been furnished to the Securities and Exchange | ||||
| Commission, Washington, D.C., by the acting party. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 18 of 19 |
$$/page=
| Conditions And | |
|---|---|
| Limitations | |
| Change or Modification | If this Bond is for a joint ASSURED, no charge or modification which would |
| (continued) | adversely affect the rights of the ASSURED shall be effective prior to sixty (60) |
| days after written notice has been furnished to all insured Investment Companies | |
| and to the Securities and Exchange Commission, Washington, D.C., by the | |
| COMPANY. |
| ICAP Bond (5-98) | |
|---|---|
| Form 17-02-1421 (Ed. 5-98) | Page 19 of 19 |
$$/page=
| FEDERAL INSURANCE COMPANY | |
|---|---|
| Endorsement No: | 1 |
| Bond Number: | 82126582 |
| NAME OF ASSURED: BANCROFT FUND LTD. | |
| NAME OF ASSURED ENDORSEMENT | |
| It is agreed that the NAME OF ASSURED in the DECLARATIONS is amended to read as follows: | |
| Bancroft Fund Ltd. | |
| Ellsworth Fund Ltd. | |
| 65 Madison Avenue, Suite 550 | |
| Morristown, NJ 07960 | |
| This Endorsement applies to loss discovered after 12:01 a.m. on May 1, 2012. | |
| ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED. |
Date: May 22, 2012
| ICAP Bond | |
|---|---|
| Form 17-02-0949 (Rev. 1-97) | Page 1 |
$$/page=
| ENDORSEMENT/RIDER | ||
|---|---|---|
| Effective date of | ||
| this endorsement/rider: May 1, 2012 | FEDERAL INSURANCE COMPANY | |
| Endorsement/Rider No. | 2 | |
| To be attached to and | ||
| form a part of Bond No. | 82126582 | |
| Issued to: BANCROFT FUND LTD. | ||
| COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS | ||
| It is agreed that this insurance does not apply to the extent that trade or economic sanctions or other | ||
| similar laws or regulations prohibit the coverage provided by this insurance. | ||
| The title and any headings in this endorsement/rider are solely for convenience and form no part of the | ||
| terms and conditions of coverage. | ||
| All other terms, conditions and limitations of this Bond shall remain unchanged. |
14-02-9228 (02/2010)
Page 1
$$/page=
| ENDORSEMENT/RIDER | |||
|---|---|---|---|
| Effective date of | |||
| this endorsement/rider: May 1, 2012 | FEDERAL INSURANCE COMPANY | ||
| Endorsement/Rider No. | 3 | ||
| To be attached to and | |||
| form a part of Bond No. | 82126582 | ||
| Issued to: BANCROFT FUND LTD. | |||
| DELETING VALUATION-OTHER PROPERTY AND AMENDING CHANGE OR MODIFICATION | |||
| ENDORSEMENT | |||
| In consideration of the premium charged, it is agreed that this Bond is amended as follows: | |||
| 1 | . | The paragraph titled Other Property in Section 9, Valuation, is deleted in its entirety. | |
| 2 | . | The third paragraph in Section 16, Change or Modification, is deleted in its entirety and replaced | |
| with the following: | |||
| If this Bond is for a joint ASSURED, no change or modification which would adversely affect the | |||
| rights of the ASSURED shall be effective prior to sixty (60) days after written notice has been | |||
| furnished to all insured Investment Companies and the Securities and Exchange Commission, | |||
| Washington, D.C., by the COMPANY. | |||
| The title and any headings in this endorsement/rider are solely for convenience and form no part of the | |||
| terms and conditions of coverage. | |||
| All other terms, conditions and limitations of this Bond shall remain unchanged. |
17-02-2437 (12/2006) rev.
Page 1
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| FEDERAL INSURANCE COMPANY | |||||
|---|---|---|---|---|---|
| Endorsement No: | 4 | ||||
| Bond Number: | 82126582 | ||||
| NAME OF ASSURED: BANCROFT FUND LTD. | |||||
| TERMINATION-NONRENEWAL-NOTICE ENDORSEMENT | |||||
| It is agreed that this Bond is amended as follows: | |||||
| 1 | . | By adding to Section 13., Termination, the following: | |||
| "Termination By The Company | |||||
| Bonds In Effect For More Than Sixty (60) Days | |||||
| If this Bond has been in effect for more than sixty (60) days, or, if this Bond is a renewal, the COMPANY | |||||
| may terminate by providing written notice of cancellation at least sixty (60) days before the effective date | |||||
| of termination for at least one of the following reasons: | |||||
| 1 | . | Nonpayment of premium; | |||
| 2 | . | Discovery of fraud or material misrepresentation in obtaining this Bond or in the presentation of a | |||
| claim thereunder; | |||||
| 3 | . | Discovery of willful or reckless acts or omissions or violation of any provision of this Bond on the | |||
| part of the ASSURED which substantially and materially increases any hazard insured against, | |||||
| and which occurred subsequent to the inception of the current BOND PERIOD; | |||||
| 4 | . | Conviction of the ASSURED of a crime arising out of acts increasing the hazard insured against; | |||
| 5 | . | Material change in the risk which increases the risk of loss after insurance coverage has been | |||
| issued or renewed, except to the extent that the COMPANY should reasonably have foreseen the | |||||
| change, or contemplated the risk when the contract was written; | |||||
| 6 | . | Determination by the Commissioner that the continuation of the Bond would jeopardize a | |||
| COMPANY'S solvency or would place the COMPANY in violation of the insurance laws of any | |||||
| state; | |||||
| 7 | . | Determination by the Commissioner that continuation of the present premium volume of the | |||
| COMPANY would jeopardize the COMPANY'S policyholders, creditors or the public; | |||||
| 8 | . | Such other reasons that are approved by the Commissioner; | |||
| 9 | . | Determination by the Commissioner that the COMPANY no longer has adequate reinsurance to | |||
| meet the ASSUREDS needs; | |||||
| 10 | . | Substantial breaches of contractual duties, conditions or warranties; or | |||
| 11 | . | Unfavorable underwriting facts, specific to the ASSURED, existing that were not present at the | |||
| inception of the Bond. |
| ICAP Bond | |
|---|---|
| Form 17-02-1360 (Rev. 10-99) | Page 1 |
$$/page=
| Bonds In Effect Sixty (60) Days Or Less | |
|---|---|
| If this Bond has been in effect for sixty (60) days or less, and it is not a renewal Bond, the COMPANY | |
| may terminate for any reason by providing written notice of termination at least sixty (60) days before | |
| the effective date of termination. | |
| Notice Of Termination | |
| Notice of termination under this Section shall be mailed or delivered, by certified mail, return receipt | |
| provided by the United States Postal Service, to the ASSURED and to the authorized agent or broker, if | |
| any, at least sixty (60) days prior to the effective date of cancellation at the address shown on the | |
| DECLARATIONS of this Bond. | |
| If this Bond is cancelled for nonpayment of premium, the COMPANY will mail or deliver, by certified | |
| mail, return receipt provided by the United States Postal Service, a written notice at least thirty (30) days | |
| before the effective date of cancellation. The cancellation notice shall contain information regarding the | |
| amount of premium due and the due date, and shall state the effect of nonpayment by the due date. | |
| Cancellation shall not be effective if payment of the amount due is made prior to the effective date of | |
| cancellation. | |
| All notice of cancellation shall state the reason(s) for cancellation. | |
| There is no liability on the part of, and no cause of action of any nature shall arise against, the | |
| COMPANY, its authorized representatives, its employees, or any firm, person or corporation furnishing | |
| to the COMPANY, information relating to the reasons for cancellation or nonrenewal, for any statement | |
| made by them in complying or enabling the COMPANY to comply with this Section, for the provision of | |
| information pertaining thereto, or for statements made or evidence submitted at any hearings conducted | |
| in connection therewith, if such information was provided in good faith and without malice. | |
| Notice Of Nonrenewal | |
| If the COMPANY elects not to renew this Bond, the COMPANY shall mail or deliver written notice, by | |
| certified mail, return receipt, provided by the United States Postal Service, to the ASSURED, at his last | |
| known address, at least sixty (60) days before the expiration date or before the anniversary date, if this | |
| Bond has been written for a term of more than one (1) year. Such notice shall also be mailed to the | |
| ASSURED'S agent or broker, if any. | |
| Such notice shall contain all of the following: | |
| a. | Bond Number: |
| b. | Date of Notice; |
| c. | Reason for Cancellation; |
| d. | Expiration Date of the Bond; |
| e. | Effective Date and Hour of Cancellation. |
| Notice of nonrenewal shall not be required if the COMPANY or a COMPANY within the same insurance | |
| group has offered to issue a renewal Bond, the ASSURED has obtained replacement coverage or has | |
| agreed in writing to obtain replacement coverage, the ASSURED has requested or agreed to | |
| nonrenewal, or the Bond is expressly designated as nonrenewable. |
| ICAP Bond | |
|---|---|
| Form 17-02-1360 (Rev. 10-99) | Page 2 |
$$/page=
| Return Premium Calculations | ||
|---|---|---|
| Any unearned premiums which have been paid by the ASSURED shall be refunded to the ASSURED | ||
| on a pro rata basis if terminated by the COMPANY or the ASSURED. The unearned premiums shall be | ||
| refunded to the ASSURED within forty-five (45) days of receipt of the request for cancellation or the | ||
| effective date of cancellation, whichever is later. | ||
| Conditional Renewal | ||
| If the COMPANY offers or purports to renew the Bond, but on less favorable terms or at higher rates, | ||
| the new terms or higher premiums may take effect on the renewal date, if the COMPANY mails or | ||
| delivers by certified mail, return receipt provided by the United States Postal Service, to the ASSURED, | ||
| notice of the new terms or premiums at least sixty (60) days prior to the renewal date. If the COMPANY | ||
| notifies the ASSURED within sixty (60) days prior to the renewal date, the new terms or premiums do | ||
| not take effect until sixty (60) days after the notice is mailed or delivered, in which case, the ASSURED | ||
| may elect to cancel the renewal Bond within the sixty (60) day period. If the COMPANY does not notify | ||
| the ASSURED of the new terms or premiums, the COMPANY shall continue the Bond at the expiring | ||
| terms and premiums until notice is given or until the effective date of replacement coverage is obtained | ||
| by the ASSURED, whichever occurs first.” | ||
| 2 | . | It is further understood and agreed that for the purposes of Section 13., Termination, any occurrence |
| listed in this Section shall be considered to be a request by the ASSURED to immediately terminate this | ||
| Bond. | ||
| This Endorsement applies to loss discovered after 12:01 a.m. on May 1, 2012. | ||
| ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED. |
Date: May 22, 2012
| ICAP Bond | |
|---|---|
| Form 17-02-1360 (Rev. 10-99) | Page 3 |
$$/page=
| ENDORSEMENT/RIDER | ||
|---|---|---|
| Effective date of | ||
| this endorsement/rider: May 1, 2012 | FEDERAL INSURANCE COMPANY | |
| Endorsement/Rider No. | 5 | |
| To be attached to and | ||
| form a part of Bond No. | 82126582 | |
| Issued to: BANCROFT FUND LTD. | ||
| AUTOMATIC INCREASE IN LIMITS ENDORSEMENT | ||
| In consideration of the premium charged, it is agreed that GENERAL AGREEMENTS, Section C. Additional | ||
| Offices Or Employees-Consolidation, Merger Or Purchase Or Acquisition Of Assets Or Liabilities-Notice To | ||
| Company, is amended by adding the following subsection: | ||
| Automatic Increase in Limits for Investment Companies | ||
| If an increase in bonding limits is required pursuant to rule 17g-1 of the Investment Company Act of 1940 | ||
| (“the Act”), due to: | ||
| (i) | the creation of a new Investment Company , other than by consolidation or merger with, or purchase or | |
| acquisition of assets or liabilities of, another institution; or | ||
| (ii) | an increase in asset size of current Investment Companies covered under this Bond, | |
| then the minimum required increase in limits shall take place automatically without payment of additional | ||
| premium for the remainder of the BOND PERIOD. | ||
| The title and any headings in this endorsement/rider are solely for convenience and form no part of the terms | ||
| and conditions of coverage. | ||
| All other terms, conditions and limitations of this Bond shall remain unchanged. |
14-02-14098 (04/2008)
Page 1
$$/page=
| POLICYHOLDER |
|---|
| DISCLOSURE NOTICE OF |
| TERRORISM INSURANCE COVERAGE |
| (for policies with no terrorism exclusion or sublimit) |
| You are hereby notified that, under the Terrorism Risk Insurance Act (the “Act”), effective |
| December 26, 2007, this policy makes available to you insurance for losses arising out of |
| certain acts of terrorism. Terrorism is defined as any act certified by the Secretary of the |
| Treasury, in concurrence with the Secretary of State and the Attorney General of the |
| United States, to be an act of terrorism; to be a violent act or an act that is dangerous to |
| human life, property or infrastructure; to have resulted in damage within the United |
| States, or outside the United States in the case of an air carrier or vessel or the premises |
| of a United States Mission; and to have been committed by an individual or individuals as |
| part of an effort to coerce the civilian population of the United States or to influence the |
| policy or affect the conduct of the United States Government by coercion. |
| You should know that the insurance provided by your policy for losses caused by acts of |
| terrorism is partially reimbursed by the United States under the formula set forth in the |
| Act. Under this formula, the United States pays 85% of covered terrorism losses that |
| exceed the statutorily established deductible to be paid by the insurance company |
| providing the coverage. |
| However, if aggregate insured losses attributable to terrorist acts certified under the Act |
| exceed $100 billion in a Program Year (January 1 through December 31), the Treasury |
| shall not make any payment for any portion of the amount of such losses that exceeds |
| $100 billion. |
10-02-1281 (Ed. 1/2003)
$$/page=
| If aggregate insured losses attributable to terrorist acts certified under the Act exceed |
|---|
| $100 billion in a Program Year (January 1 through December 31) and we have met our |
| insurer deductible under the Act, we shall not be liable for the payment of any portion of |
| the amount of such losses that exceeds $100 billion, and in such case insured losses up |
| to that amount are subject to pro rata allocation in accordance with procedures |
| established by the Secretary of the Treasury. |
| The portion of your policys annual premium that is attributable to insurance for such acts |
| of terrorism is: $ -0-. |
| If you have any questions about this notice, please contact your agent or broker. |
10-02-1281 (Ed. 1/2003)
$$/page=
| Important Notice: |
|---|
| The SEC Requires Proof of Your Fidelity Insurance Policy |
| Your company is now required to file an electronic copy of your fidelity insurance coverage |
| (Chubbs ICAP Bond policy) to the Securities and Exchange Commission (SEC), according to |
| rules adopted by the SEC on June 12, 2006. |
| Chubb is in the process of providing your agent/broker with an electronic copy of your insurance |
| policy as well as instructions on how to submit this proof of fidelity insurance coverage to the |
| SEC. You can expect to receive this information from your agent/broker shortly. |
| The electronic copy of your policy is provided by Chubb solely as a convenience and does not |
| affect the terms and conditions of coverage as set forth in the paper policy you receive by mail. |
| The terms and conditions of the policy mailed to you, which are the same as those set forth in |
| the electronic copy, constitute the entire agreement between your company and Chubb. |
| If you have any questions, please contact your agent or broker. |
Form 14-02-12160 (ed. 7/2006)
$$/page=
| IMPORTANT NOTICE TO POLICYHOLDERS |
|---|
| All of the members of the Chubb Group of Insurance companies doing business in the United |
| States (hereinafter Chubb) distribute their products through licensed insurance brokers and agents |
| (producers). Detailed information regarding the types of compensation paid by Chubb to producers on |
| US insurance transactions is available under the Producer Compensation link located at the bottom of the |
| page at www.chubb.com, or by calling 1-866-588-9478. Additional information may be available from |
| your producer. |
| Thank you for choosing Chubb. |
10-02-1295 (ed. 6/2007)
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