Exhibit A
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Chubb Group of Insurance Companies
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DECLARATIONS
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FINANCIAL INSTITUTION INVESTMENT
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15
Mountain View Road, Warren, New Jersey 07059
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COMPANY ASSET PROTECTION BOND
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NAME
OF ASSURED (including its
Subsidiaries
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Bond
Number: 81448270
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THE
ALGER FUNDS
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VIGILANT INSURANCE COMPANY
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Incorporated
under the laws of New York
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111
Fifth Avenue
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a
stock insurance company herein called the COMPANY
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New
York, NY 10003
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55
Water Street, New York NY 10041-2899
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ITEM 1.
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BOND
PERIOD:
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from
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12:01 a.m.
on
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July 24,
2008
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to
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12:01 a.m.
on
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July 24,
2009
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ITEM 2.
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LIMITS
OF LIABILITYDEDUCTIBLE AMOUNTS:
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If Not Covered is
inserted below opposite any specified INSURING CLAUSE, such INSURING CLAUSE
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and
any other reference shall be deemed to be deleted.
There shall be no deductible applicable to any
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loss under INSURING CLAUSE 1. sustained by any Investment
Company.
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DEDUCTIBLE
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INSURING CLAUSE
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LIMIT OF LIABILITY
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AMOUNT
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1.
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Employee
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$
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9,000,000.
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$
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50,000.
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2.
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On Premises
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$
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9,000,000.
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$
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50,000.
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3.
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In Transit
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$
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9,000,000.
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$
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50,000.
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4.
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Forgery or
Alteration
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$
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9,000,000.
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$
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50,000.
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5.
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Extended
Forgery
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$
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9,000,000.
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$
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50,000.
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6.
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Counterfeit
Money
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$
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9,000,000.
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$
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50,000.
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7.
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Threats to
Person
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$
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9,000,000.
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$
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50,000.
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8.
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Computer
System
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$
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9,000,000.
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$
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50,000.
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9.
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Voice
Initiated Funds Transfer Instruction
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$
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9,000,000.
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$
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50,000.
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10.
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Uncollectible
Items of Deposit
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$
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100,000.
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$
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50,000.
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11.
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Audit
Expense
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$
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100,000.
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$
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50,000.
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ITEM 3.
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THE LIABILITY OF THE
COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING ENDORSEMENTS EXECUTED
SIMULTANEOUSLY HEREWITH:
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1 - 11
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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.
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/s/
W. Andrew Mason
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/s/
Thomas F. M
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Secretary
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President
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/s/
Robert Hamburger
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Authorized
Representative
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ICAP
Bond (5-98) - Vigilant
Form 17-02-1422 (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:
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Insuring Clauses
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Employee
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1.
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Loss
resulting directly from
Larceny
or
Embezzlement
committed by any
Employee
, alone or in collusion with
others.
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On Premises
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2.
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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.
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In Transit
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3.
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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:
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a.
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in
an armored motor vehicle, including loading and unloading thereof,
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b.
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in
the custody of a natural person acting as a messenger of the ASSURED, or
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c.
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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:
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(1)
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written
records,
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(2)
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securities
issued in registered form, which are not endorsed or are
restrictively endorsed, or
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(3)
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negotiable
instruments not payable to bearer, which are not endorsed or are
restrictively endorsed.
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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.
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ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 1 of 19
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Insuring Clauses
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(continued)
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Forgery Or Alteration
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4.
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Loss
resulting directly from:
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a.
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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
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b.
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transferring,
paying or delivering any funds or other
Property
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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
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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.
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For
the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile
signature is treated the same
as a handwritten signature.
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Extended Forgery
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5.
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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:
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a.
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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:
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(1)
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bear
a
Forgery
or a fraudulently
material alteration,
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(2)
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have
been lost or stolen, or
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(3)
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be
Counterfeit
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b.
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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
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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.
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ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 2
of 19
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Insuring Clauses
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Extended Forgery
(continued)
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For
the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile
signature is treated the same
as a handwritten signature.
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Counterfeit Money
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6.
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Loss
resulting directly from the receipt by the ASSURED in good faith of any
Counterfeit
money.
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Threats To Person
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7.
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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
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a.
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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
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b.
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the
ASSURED has made a reasonable effort to notify the Federal Bureau of
Investigation and local law enforcement
authorities concerning such threat.
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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.
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Computer System
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8.
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Loss
resulting directly from fraudulent:
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a.
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entries
of data into, or
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b.
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changes
of data elements or programs within,
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a
Computer System
, provided the
fraudulent entry or change causes:
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(1) funds
or other property to be transferred, paid or delivered,
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(2) an
account of the ASSURED or of its customer to be added, deleted,
debited or credited, or
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(3) an
unauthorized account or a fictitious account to be debited or credited.
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ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 3
of 19
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Insuring Clauses
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(continued)
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Voice Initiated Funds
Transfer
Instruction
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9.
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Loss
resulting directly from
Voice Initiated
Funds Transfer Instruction
directed to the ASSURED authorizing the
transfer of dividends or redemption proceeds of
Investment Company
shares from a
Customers
account, provided such
Voice
Initiated Funds Transfer Instruction
was:
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a.
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received
at the ASSUREDS offices by those
Employees
of the ASSURED
specifically
authorized to receive the
Voice Initiated
Funds Transfer
Instruction
,
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b.
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made
by a person purporting to be a
Customer
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and
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c.
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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.
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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.
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Uncollectible Items of
Deposit
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10.
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Loss
resulting directly from the ASSURED having credited an account of a
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:
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a.
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redemptions
or withdrawals to be permitted,
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b.
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shares
to be issued, or
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c.
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dividends
to be paid,
from an
account of an
Investment Company
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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
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Items of Deposit
shall not be deemed uncollectible until the ASSUREDS standard collection procedures have failed.
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Audit Expense
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11.
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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.
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ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 4
of 19
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General Agreements
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Additional Companies
Included As
Assured
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A.
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If
more than one corporation, or
Investment
Company
, or any combination of them is included as the ASSURED herein:
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(1)
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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.
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(2)
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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.
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(3)
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The
COMPANY shall not be responsible for the proper application of any
payment made hereunder to the first named
ASSURED.
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(4)
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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.
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(5)
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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.
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Representation Made By
Assured
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B.
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The
ASSURED represents that all information it has furnished in the
APPLICATION for this Bond or otherwise is
complete, true and correct. Such APPLICATION
and other information constitute part of this Bond.
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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.
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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.
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ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 5
of 19
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General Agreements
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(continued)
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Additional Offices Or
Employees -
Consolidation,
Merger Or
Purchase Or
Acquisition Of
Assets
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C.
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If
the ASSURED, other than an
Investment
Company
, while this Bond is in force,
merges or consolidates with, or purchases
or acquires assets or liabilities of another institution, the ASSURED shall not have the coverage afforded
under this Bond for loss which
has:
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OrLiabilities - Notice To
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(1)
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occurred
or will occur on premises, or
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Company
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(2)
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been
caused or will be caused by an employee, or
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(3)
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arisen
or will arise out of the assets or liabilities,
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of
such institution, unless the ASSURED:
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a.
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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
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b.
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obtains
the written consent of the COMPANY to extend some or all of the
coverage provided by this Bond to such
additional exposure, and
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c.
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on
obtaining such consent, pays to the COMPANY an additional premium.
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Change Of Control -
Notice To
Company
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D.
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When
the ASSURED learns of a change in control (other than in an
Investment
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:
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(1)
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the
names of the transferors and transferees (or the names of the beneficial
owners if the voting
securities are registered in another name),
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(2)
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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
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(3)
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the
total number of outstanding voting securities.
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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.
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Court Costs And
Attorneys Fees
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E.
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The
COMPANY will indemnify the ASSURED for court costs and reasonable
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:
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(1)
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an
Employee
admits to being guilty
of
Larceny or Embezzlement
,
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(2)
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an
Employee
is adjudicated to be
guilty of
Larceny or Embezzlement
,
or
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ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 6
of 19
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General Agreements
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Court Costs And
Attorneys Fees
(continued)
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(3)
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in
the absence of 1 or 2 above, an arbitration panel agrees, after a review of
an agreed statement of facts
between the COMPANY and the ASSURED, that an
Employee
would
be found guilty of
Larceny or Embezzlement
if such
Employee
were prosecuted.
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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.
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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.
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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 attorneys fees incurred in defending all or part of such
suit or legal proceeding.
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|
|
|
|
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 COMPANYS liability for court costs and
attorneys fees incurred in
defending all or part of such suit or legal proceedings is limited to the proportion of such court costs and
attorneys 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.
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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 COMPANYS liability for court costs and
attorneys fees incurred in defending all or part of such suit or legal proceedings shall be limited to the proportion
of such court costs or
attorneys fees that the amount demanded that would be payable under this Bond after application of the
DEDUCTIBLE AMOUNT, bears to the total amount demanded.
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|
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
|
Conditions And
|
|
|
|
Limitations
|
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|
|
|
|
Definitions
|
1.
|
As
used in this Bond:
|
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|
|
|
|
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.
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b.
|
Counterfeit
means an imitation of an actual valid original which is intended to deceive and be taken as the
original.
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c.
|
Custodian
means the institution designated by an
Investment Company
to maintain possession and control of its assets.
|
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|
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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
.
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e.
|
Employee
means:
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(1)
|
an
officer of the ASSURED,
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(2)
|
a
natural person while in the regular service of the ASSURED at any of
the ASSUREDS 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,
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(3)
|
a
guest student pursuing studies or performing duties in any of the
ASSUREDS premises,
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(4)
|
an
attorney retained by the ASSURED and an employee of such
attorney while either is performing legal
services for the ASSURED,
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(5)
|
a
natural person provided by an employment contractor to perform
employee duties for the ASSURED under the
ASSUREDS supervision at any
of the ASSUREDS premises,
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(6)
|
an
employee of an institution merged or consolidated with the
ASSURED prior to the effective date of this
Bond,
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(7)
|
a
director or trustee of the ASSURED, but only while performing acts
within the scope of the customary and usual
duties of any officer or other
employee of the ASSURED or while acting as a member of any committee duly elected or appointed to
examine or audit or have custody
of or access to
Property
of the
ASSURED, or
|
ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 8
of 19
|
Conditions And
Limitations
|
|
Definitions
(continued)
|
(8)
|
each
natural person, partnership or corporation authorized by written
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:
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a.
|
creating,
preparing, modifying or maintaining the ASSUREDS
computer software or programs, or
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b.
|
acting
as transfer agent or in any other agency capacity in issuing
checks, drafts or securities for the
ASSURED,
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(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
.
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The
term
Employee
shall not include
any partner, officer or employee of a
transfer agent, shareholder accounting recordkeeper or administrator:
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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
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b.
|
which
is a bank (as defined in Section 2(a) of the Investment
Company Act of 1940).
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|
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
ASSUREDS 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.
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|
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.
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|
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
.
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|
|
|
ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 9
of 19
|
Conditions And
Limitations
|
|
Definitions
(continued)
|
f.
|
Forgery
means the signing of the name of another natural person with the intent to deceive but does not mean a
signature which consists in whole or in part of ones own name, with or without authority, in any capacity
for any purpose.
|
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|
|
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.
|
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|
|
|
h.
|
Items of Deposit
means one or more checks or drafts drawn upon a financial institution in the United States
of America.
|
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|
|
|
i.
|
Larceny or Embezzlement
means larceny or embezzlement as defined in Section 37 of the Investment
Company Act of 1940.
|
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|
|
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 ASSUREDS 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.
|
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|
|
|
l.
|
Securities, documents or other written instruments
means original (including original counterparts)
negotiable or non-negotiable instruments, or assignments thereof, which in and of themselves represent an
equitable interest, ownership,
or debt and which are in the ordinary course of business transferable by delivery of such
instruments with any necessary endorsements
or assignments.
|
|
|
|
ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page
10
of 19
|
Conditions And
Limitations
|
|
|
|
Definitions
(continued)
|
m.
|
Subsidiary
means any organization that, at the inception date of this Bond, 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.
|
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|
o.
|
Voice Initiated Election
means any election concerning dividend
options available to
Investment Company
shareholders or
subscribers which is requested
by voice over the telephone.
|
|
|
|
|
p.
|
Voice Initiated Redemption
means any redemption of shares issued by an
Investment
Company
which is requested
by voice over the telephone.
|
|
|
|
|
q.
|
Voice Initiated Funds Transfer Instruction
means any
Voice
Initiated
Redemption
or
Voice Initiated Election
.
|
|
|
|
|
For
the purposes of these definitions, the singular includes the plural and the
plural includes the singular,
unless otherwise indicated.
|
|
|
|
General Exclusions -
|
2.
|
This bond does not directly or indirectly cover:
|
Applicable to All Insuring
|
|
|
Clauses
|
|
a.
|
loss
not reported to the COMPANY in writing within sixty (60) days after
termination of this Bond as an entirety;
|
|
|
|
|
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|
|
|
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
|
Conditions And
Limitations
|
|
|
|
General Exclusions -
|
h.
|
loss
resulting from dishonest acts by any member of the Board of Directors
or Board of
|
Applicable to All Insuring
|
|
Trustees
of the ASSURED who is not an
Employee
,
acting
alone or in
collusion with others;
|
Clauses
|
|
|
(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
|
|
|
Clauses Except Insuring
Clause 1.
|
a.
|
loss
caused by an
Employee
, provided,
however, this Section 3.a. shall not
apply to loss covered under INSURING CLAUSE
2. or 3. which results 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
|
|
|
|
|
|
|
|
Conditions And
Limitations
|
|
|
|
|
|
Specific Exclusions -
Applicable To All Insuring
Clauses Except Insuring
Clause 1.
(continued)
|
f.
|
loss
resulting from the failure for any reason of a financial or depository
institution, its receiver or
other liquidator to pay or deliver funds or other
Property
to the ASSURED provided further that this Section 3.f.
shall not apply to loss of
Property
resulting directly from robbery,
burglary, 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 ASSUREDs
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
customers authentication mechanism.
|
|
|
|
Specific Exclusions -
|
4.
|
This bond does not directly or indirectly cover:
|
Applicable To All Insuring
|
|
|
Clauses Except Insuring
|
a.
|
loss
resulting from the complete or partial non-payment of or default on any
loan whether
|
Clauses 1., 4., And 5.
|
|
such
loan was procured in good faith or through trick, artifice,
fraud or false pretenses; provided,
however, this Section 4.a. shall not apply to INSURING CLAUSE 8.;
|
|
|
|
|
b.
|
loss
resulting from forgery or any alteration;
|
|
|
|
|
c.
|
loss
involving a counterfeit provided, however, this Section 4.c. shall not
apply to INSURING CLAUSE 5. or
6.
|
|
|
|
Limit Of Liability/Non-
Reduction And Non-
Accumulation Of
Liability
|
5.
|
At
all times prior to termination of this Bond, this Bond shall continue in
force for
the limit
stated in the applicable sections of ITEM 2. of the DECLARATIONS, notwithstanding any previous loss for which
the COMPANY may have paid or be liable
to pay under this Bond provided, however, that the liability of the COMPANY under this Bond with respect to all
loss resulting from:
|
|
|
|
|
a.
|
any
one act of burglary, robbery or hold-up, or attempt thereat, in which no
Employee
is concerned or implicated, or
|
|
|
|
|
b.
|
any
one unintentional or negligent act on the part of any one person
resulting in damage to or destruction or
misplacement of
Property
, or
|
|
|
|
|
c.
|
all
acts, other than those specified in a. above, of any one person, or
|
|
|
|
ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 13 of 19
|
|
|
|
|
|
Conditions And
Limitations
|
|
|
|
|
|
Limit Of Liability/Non-
Reduction And
Non-
Accumulation Of
Liability
(continued)
|
d. any
one casualty or event other than those specified in a., b., or c. above,
shall be deemed to be one loss
and shall be limited to the applicable LIMIT OF LIABILITY stated in ITEM 2. of the
DECLARATIONS of this Bond irrespective of 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 -
Proof - Legal
Proceedings
Against Company
|
7.
|
a.
|
The
ASSURED shall give the COMPANY notice thereof at the earliest
practicable moment, not to exceed sixty
(60) days after discovery of loss, in an amount that is in excess of 50% of the applicable DEDUCTIBLE AMOUNT, as stated in ITEM 2. of the
DECLARATIONS.
|
|
|
|
|
b.
|
The
ASSURED shall furnish to the COMPANY proof of loss, duly sworn to,
with full particulars within six (6) months
after such discovery.
|
|
|
|
|
c.
|
Securities
listed in a proof of loss shall be identified by certificate or bond
numbers, if issued with them.
|
|
|
|
|
d.
|
Legal
proceedings for the recovery of any loss under this Bond shall not be
brought prior to the expiration of sixty
(60) days after the proof of loss is filed with the COMPANY or after the expiration of twenty-four (24) months
from the discovery of such
loss.
|
|
|
|
|
e.
|
This
Bond affords coverage only in favor of the ASSURED. No claim, suit,
action or legal proceedings shall be
brought under this Bond by anyone other than the ASSURED.
|
|
|
|
ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 14 of 19
|
|
|
|
|
|
|
Conditions And
Limitations
|
|
|
|
|
|
Notice To Company -
|
f.
|
Proof
of loss involving
Voice Initiated Funds
Transfer Instruction
shall
include
|
Proof - Legal Proceedings
|
|
electronic
recordings of such instructions.
|
Against Company
|
|
|
(continued)
|
|
|
|
|
|
Deductible Amount
|
8.
|
The
COMPANY shall not be liable under any INSURING CLAUSES of this Bond
on account of loss unless the amount of
such loss, after deducting the net amount of all reimbursement and/or recovery obtained or made by the ASSURED,
other than from any Bond or
policy of insurance issued by an insurance company and covering such loss, or by the COMPANY on
account thereof prior to payment by the COMPANY of such loss, shall exceed the DEDUCTIBLE AMOUNT set
forth in ITEM 3. of the
DECLARATIONS, and then for such excess only, but in no event for more than the applicable LIMITS OF
LIABILITY stated in ITEM 2. of the DECLARATIONS.
|
|
|
|
|
|
There
shall be no deductible applicable to any loss under INSURING CLAUSE 1.
sustained by any
Investment Company
.
|
|
|
|
Valuation
|
9.
|
BOOKS OF ACCOUNT OR OTHER RECORDS
|
|
|
|
|
|
The
value of any loss of
Property
consisting
of books of account or other records
used by the ASSURED in the conduct of its business shall be the
amount paid by the ASSURED for
blank books, blank pages, or other materials which replace the lost books of account or other records,
plus the cost of labor paid by the ASSURED for the actual transcription or copying of data to reproduce
such books of account or other
records.
|
|
|
|
|
|
The
value of any loss of
Property
other
than books of account or other records
used by the ASSURED in the conduct of its business, for which a claim
is made shall be determined by
the average market value of such
Property
on
the business day immediately
preceding discovery of such loss provided, however, that the value of any
Property
replaced by the ASSURED with the
consent of the COMPANY and
prior to the settlement of any claim for such
Property
shall be the actual market value at the time of replacement.
|
|
|
|
|
|
In
the case of a loss of interim certificates, warrants, rights or other
securities, the
production
of which is necessary to the exercise of subscription, conversion, redemption or deposit privileges, the value
of them shall be the market value of such privileges immediately preceding their expiration if said loss
is not discovered until after
their expiration. If no market price is quoted for such
Property
or for such privileges, the value shall be fixed
by agreement between the parties.
OTHER PROPERTY
|
|
|
|
|
|
The
value of any loss of
Property
,
other than as stated above, shall be the actual
cash value or the cost of repairing or
replacing such
Property
with
Property
of like quality and value, whichever is less.
|
|
|
|
ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 15 of 19
|
Conditions And
|
|
|
|
Limitations
|
|
|
|
(continued)
|
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|
|
|
|
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|
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
COMPANYS 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 COMPANYS 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 Companys premium charge for the
Companys 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 - Recovery
|
11.
|
In
the event of a payment under this Bond, the COMPANY shall be subrogated to
all of the ASSUREDS 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 ASSUREDS 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 ASSUREDS 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 ASSUREDS 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
|
Conditions And
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
Subrogation - Assignment -
Recovery
|
|
d.
|
fourth,
to the ASSURED in satisfaction of any loss suffered by the
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 COMPANYS 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 COMPANYS 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
|
Conditions And
|
|
|
|
Limitations
|
|
|
|
|
|
|
|
Termination
(continued)
|
|
If
any partner, director, trustee, or officer or supervisory employee of an
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
Bonds
construction,
such limitation shall be deemed to be amended so as to equal the minimum period of limitation provided by
such law.
|
|
|
|
|
Change or Modification
|
16.
|
This
Bond or any instrument amending or affecting this Bond may not be changed
or modified orally. No change
in or modification of this Bond shall be effective except when made by written endorsement to
this Bond signed by an authorized representative of the COMPANY.
|
|
|
|
|
|
|
If
this Bond is for a sole ASSURED, no change or modification which would
adversely affect the rights of
the ASSURED shall be effective prior to sixty (60) days after written notice has been
furnished to the Securities and Exchange Commission, Washington, D.C., by the acting party.
|
ICAP
Bond (5-98)
Form 17-02-1421 (Ed. 5-98)
Page 18 of 19
|
Conditions And
|
|
|
Limitations
|
|
|
|
|
|
Change or Modification
(continued)
|
|
If
this Bond is for a joint ASSURED, no charge 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 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
|
Effective
date of
|
|
|
|
|
this
endorsement: July 24, 2008
|
|
VIGILANT INSURANCE COMPANY
|
|
|
|
|
|
|
|
|
|
Endorsement
No.: 1
|
|
|
|
|
|
|
|
|
|
To
be attached to and form a part of Bond
|
|
|
|
|
|
|
|
|
|
Number:
|
81448270
|
|
|
|
|
|
|
|
|
|
|
|
Issued
to: THE ALGER FUNDS
|
|
|
|
|
|
|
|
|
|
COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS RIDER
|
|
It
is agreed that this insurance does not apply to the extent that trade or
economic sanctions or other laws
or regulations prohibit the coverage provided by this insurance.
|
|
|
|
|
|
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
|
|
Date:
August 5, 2008
|
By
|
/s/ Robert Hamburger
|
|
|
Authorized Representative
|
|
|
|
|
|
|
|
|
|
|
Form 14-02-9228
(Ed. 4/2004)
|
VIGILANT INSURANCE COMPANY
|
|
|
|
|
Endorsement
No.
|
2
|
|
|
|
|
Bond
Number:
|
81448270
|
NAME
OF ASSURED: THE ALGER FUNDS
REVISE ITEM 2. ENDORSEMENT
It
is agreed that this Bond is amended by deleting ITEM 2. in its entirety on the
DECLARATIONS and substituting the following:
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 to such INSURING CLAUSE in this Bond
shall be deemed to be deleted.
There shall be
no deductible applicable to any loss under INSURING CLAUSE 1 sustained by any Investment
Company
.
|
|
SINGLE LOSS
|
|
DEDUCTIBLE
|
|
INSURING CLAUSE
|
|
LIMIT OF LIABILITY
|
|
AMOUNT
|
|
1. Employee
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
2. On Premises
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
3. In Transit
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
4. Forgery or Alteration
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
5. Extended Forgery
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
6. Counterfeit Currency
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
7. Threats to Person
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
8. Computer System
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
9. Voice Initiated Funds Transfer
Instruction
|
|
$
|
9,000,000.
|
|
$
|
50,000.
|
|
10. Uncollectible Items of Deposit
|
|
$
|
100,000.
|
|
$
|
50,000.
|
|
11. Audit Expense
|
|
$
|
100,000.
|
|
$
|
50,000.
|
|
12. Telefacsimile Instruction
|
|
$
|
9,000,000
|
|
$
|
50,000
|
|
13. Extended Computer Systems
|
|
$
|
9,000,000
|
|
$
|
50,000
|
|
14. Unauthorized Signature
|
|
$
|
100,000
|
|
$
|
50,000
|
|
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP
Bond
Form 17-02-1582 (Ed. 5-98)
Page 1
|
VIGILANT INSURANCE COMPANY
|
|
|
|
Endorsement
No.:
|
3
|
|
|
|
|
Bond
Number:
|
81448270
|
NAME OF ASSURED: THE ALGER FUNDS
AMENDING
DEFINITION OF EMPLOYEE-FORMER EMPLOYEES ENDORSEMENT
It
is agreed that this Bond is amended by adding to the definition of
Employee
in Section 1., Definitions,
the following:
(10)
a natural person who resigns, retires or is terminated from the service
of the ASSURED during the BOND PERIOD provided that this applies:
a.
for a period of sixty (60) days subsequent to
such resignation, retirement or termination but not beyond the date of expiration
or termination of the Bond; and
b.
if such resignation, retirement or
termination has not arisen from or in connection with the discovery by the
ASSURED of any actual or alleged dishonest, fraudulent or criminal act(s) of such
person.
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By:
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP
Bond
Form 17-02-2335
(Ed. 10-00)
|
VIGILANT INSURANCE COMPANY
|
|
|
|
Endorsement
No.:
|
4
|
|
|
|
|
Bond
Number:
|
81448270
|
NAME
OF ASSURED:
|
THE
ALGER FUNDS
|
TELEFACSIMILE INSTRUCTION
FRAUD ENDORSEMENT
It
is agreed that this Bond is amended as follows:
1.
By adding the following INSURING CLAUSE:
12.
Telefacsimile Instruction
Loss resulting directly from the ASSURED having transferred, paid or
delivered any funds or other
Property
or
established any credit, debited any account or given any value on the faith of
any fraudulent instructions sent by a
Customer
,
financial institution or another office of the ASSURED by
Telefacsimile
directly to the ASSURED
authorizing or acknowledging the transfer, payment or delivery of funds or
Property
or the establishment of a credit
or the debiting of an account or the giving of value by the ASSURED where such
Telefacsimile
instructions:
a.
bear a valid test key exchanged between the
ASSURED and a
Customer
or another
financial institution with authority to use such test key for
Telefacsimile
instructions in the ordinary
course of business, but which test key has been wrongfully obtained by a person
who was not authorized to initiate, make, validate or authenticate a test key
arrangement, and
b.
fraudulently purport to have been sent by
such
Customer
or financial institution
when such
Telefacsimile
instructions
were transmitted without the knowledge or consent of such
Customer
or financial institution by a
person other than such
Customer
or
financial institution and which bear a
Forgery
of a signature, provided that the
Telefacsimile
instruction was verified by a direct call back to an employee of the
financial institution, or a person thought by the ASSURED to be the
Customer
, or an employee of another
financial institution.
2.
By deleting from Section 1., Definitions,
the definition of
Customer
in its
entirety, and substituting the following:
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
or
Telefacsimile
Instruction.
ICAP
Bond
Form 17-02-2367 (Rev.
10-03) Page 1
3.
By adding to Section 1., Definitions,
the following:
r.
Telefacsimile
means a system of transmitting written
documents by electronic signals over telephone lines to equipment maintained by
the ASSURED for the purpose of reproducing a copy of said document.
Telefacsimile
does not mean electronic communication
sent by Telex or similar means of communication, or through an electronic
communication system or through an automated clearing house.
4.
By adding to Section 3., Specific
Exclusions Applicable to All Insuring Clauses Except Insuring Clause 1. the
following:
j.
loss resulting directly or indirectly from
Telefacsimile
instructions provided,
however, this exclusion shall not apply to this INSURING CLAUSE.
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP
Bond
Form 17-02-2367 (Rev.
10-03) Page 2
|
|
ENDORSEMENT/RIDER
|
|
|
|
Effective
date of
|
|
|
this
endorsement/rider: July 24, 2008
|
|
VIGILANT INSURANCE COMPANY
|
|
|
Endorsement/Rider
No.
|
5
|
|
|
To
be attached to and
|
|
|
|
form
a part of Bond No.
|
81448270
|
Issued
to: THE ALGER FUNDS
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.
|
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
17-02-2437
(12/2006) rev. Page
1
|
|
VIGILANT INSURANCE COMPANY
|
|
|
|
|
|
Endorsement
No.: 6
|
|
|
|
|
|
|
|
Bond Number: 81448270
|
|
NAME OF ASSURED: THE ALGER FUNDS
NEW YORK
AMENDATORY ENDORSEMENT
It is agreed that this Bond is amended as follows:
1.
By adding to Section 13, Termination, the following:
Bonds In Effect Sixty (60) Days Or Less
If this Bond has been in effect for less than sixty (60) days and if it
is not a renewal Bond, the COMPANY may terminate it for any reason by mailing
or delivering to the ASSURED and to the authorized agent or broker, if any,
written notice of termination at least sixty (60) days before the effective
date of termination.
Bonds In Effect More Than Sixty (60) Days
If this Bond has been in effect for sixty (60) days or more, or if it
is a renewal of a Bond issued by the COMPANY, it may be terminated by the
COMPANY by mailing or delivering to the ASSURED and to the authorized agent or
broker, if any, written notice of termination at least sixty (60) days before
the effective date of termination. Furthermore, when the Bond is a renewal or
has been in effect for sixty (60) days or more, the COMPANY may terminate only
for one or more of the reasons stated in 1-7 below.
1.
Nonpayment of premium;
2.
Conviction of a crime arising out of acts increasing the hazard insured
against ;
3.
Discovery of fraud or material misrepresentation in the obtaining of
this Bond or in the presentation of a claim thereunder;
4.
Violation of any provision of this Bond that substantially and
materially increases the hazard insured against, and which occurred subsequent
to inception of the current BOND PERIOD;
5.
If applicable, material physical change in the property insured,
occurring after issuance or last annual renewal anniversary date of this Bond,
which results in the property becoming uninsurable in accordance with the COMPANYs
objective, uniformly applied underwriting standards in effect at the time this
Bond was issued or last renewed; or material change in the nature or extent of
this Bond occurring after issuance or last annual renewal anniversary date of
this Bond, which causes the risk of loss to be substantially and materially
increased beyond that contemplated at the time this Bond was issued or last
renewed;
ICAP
Bond - New York
Form 17-02-2863 (Rev. 7-03)
Page 1
6.
A determination by the Superintendent of Insurance that continuation of
the present premium volume of the COMPANY would jeopardize the COMPANYs
policyholders, creditors or the public, or continuing the Bond itself would
place the COMPANY in violation of any provision of the New York Insurance Code;
or
7.
Where the COMPANY has reason to believe, in good faith and with
sufficient cause, that there is a probable risk or danger that the
Property
will be destroyed by the ASSURED
for the purpose of collecting the insurance proceeds.
Notice Of Termination
Notice of termination under this SECTION shall be mailed to the
ASSURED and to the authorized agent or broker, if any, at the address shown on
the DECLARATIONS of this Bond. The COMPANY, however, may deliver any notice
instead of mailing it.
Return Premium Calculations
The COMPANY shall refund the unearned premium computed pro rata if this
Bond is terminated by the COMPANY.
2.
By adding a new Section reading as follows:
Section 17. Election To Conditionally Renew / Nonrenew This Bond
Conditional Renewal
If the COMPANY conditionally renews this Bond subject to:
1.
Change of limits of liability ;
2.
Change in type of coverage;
3.
Reduction of coverage;
4.
Increased deductible;
5.
Addition of exclusion; or
6.
Increased premiums in excess of 10%,
exclusive of any premium increase due to and commensurate with insured value
added; or as a result of experience rating, retrospective rating or audit; the
COMPANY shall send notice as provided in Notices Of Nonrenewal And Conditional
Renewal immediately below.
Notices Of Nonrenewal And Conditional Renewal
1.
If the COMPANY elects not to renew this Bond,
or to conditionally renew this Bond as provided herein, the COMPANY shall mail
or deliver written notice to the ASSURED at least sixty (60) but not more than
one hundred twenty (120) days before:
a.
The expiration date; or
b.
The anniversary date if this Bond has been
written for a term of more than one year.
ICAP
Bond - New York
Form 17-02-2863 (Rev. 7-03)
Page 2
2.
Notice shall be mailed or delivered to the
ASSURED at the address shown on the DECLARATIONS of this Bond and the
authorized agent or broker, if any. If notice is mailed, proof of mailing shall
be sufficient proof of notice.
3.
Paragraphs 1. and 2. immediately above shall
not apply when the ASSURED, authorized agent or broker, or another insurer has
mailed or delivered written notice to the COMPANY that the Bond has been
replaced or is no longer desired.
3.
By adding to General Agreement B., Representations Made By Assured, the
following:
No misrepresentation shall be deemed material unless knowledge by the
COMPANY would have lead to the COMPANYS refusal to write this Bond.
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP
Bond - New York
Form 17-02-2863 (Rev. 7-03)
Page 3
|
VIGILANT INSURANCE COMPANY
|
|
|
|
|
Endorsement
No.: 7
|
|
|
|
|
Bond
Number:
|
81448270
|
|
|
|
|
NAME
OF ASSURED: THE ALGER FUNDS
EXTENDED COMPUTER SYSTEMS
ENDORSEMENT
It
is agreed that this Bond is amended as follows:
1.
By adding the following INSURING CLAUSE:
13. Extended Computer Systems
A. Electronic Data, Electronic Media, Electronic Instruction Loss
resulting directly from:
(1)
the fraudulent modification of
Electronic
Data, Electronic Media
or
Electronic
Instruction
being stored within or being run within any system
covered under this INSURING CLAUSE,
(2)
robbery, burglary, larceny or theft of
Electronic Data, Electronic Media
or
Electronic Instructions
,
(3)
the acts of a hacker causing damage or destruction of
Electronic Data, Electronic Media
or
Electronic Instruction
owned by the ASSURED
or for which the ASSURED is legally liable, while stored within a
Computer System
covered under this INSURING
CLAUSE, or
(4)
the damage or destruction of
Electronic
Data, Electronic Media
or
Electronic
Instruction
owned by the ASSURED or for which the ASSURED is legally
liable while stored within a
Computer System
covered
under INSURING CLAUSE 13, provided such damage or destruction was caused by a
computer program or similar instruction which was written or altered to
intentionally incorporate a hidden instruction designed to damage or destroy
Electronic Data, Electronic Media
, or
Electronic Instruction
in the
Computer System
in which the computer
program or instruction so written or so altered is used.
ICAP2
Bond
Form 17-02-2976 (Ed. 1-02)
Page 1
B.
Electronic Communication
Loss resulting directly from the ASSURED having transferred, paid or
delivered any funds or property, established any credit, debited any account or
given any value on the faith of any electronic communications directed to the
ASSURED, which were transmitted or appear to have been transmitted through:
(1)
an
Electronic
Communication System
,
(2)
an automated clearing house or custodian, or
(3)
a Telex, TWX, or similar means of
communication,
directly into the ASSUREDS
Computer
System
or
Communication Terminal
,
and fraudulently purport to have been sent by a customer, automated clearing
house, custodian, or financial institution, but which communications were
either not sent by said customer, automated clearing house, custodian, or
financial institution, or were fraudulently modified during physical transit of
Electronic Media
to the ASSURED or
during electronic transmission to the ASSUREDS
Computer System
or
Communication
Terminal
.
C.
Electronic Transmission
Loss resulting directly from a customer of the ASSURED, any automated
clearing house, custodian, or financial institution having transferred, paid or
delivered any funds or property, established any credit, debited any account or
given any value on the faith of any electronic communications, purporting to
have been directed by the ASSURED to such customer, automated clearing house,
custodian, or financial institution initiating, authorizing, or acknowledging,
the transfer, payment, delivery or receipt of funds or property, which communications
were transmitted through:
(1)
an
Electronic
Communication System
,
(2)
an automated clearing house or custodian, or
(3)
a Telex, TWX, or similar means of
communication,
directly into a
Computer System
or
Communication Terminal
of said
customer, automated clearing house, custodian, or financial institution, and
fraudulently purport to have been directed by the ASSURED, but which
communications were either not sent by the ASSURED, or were fraudulently
modified during physical transit of
Electronic
Media
from the ASSURED or during electronic transmission from the
ASSUREDS
Computer System
or
Communication Terminal
, and for which loss
the ASSURED is held to be legally liable.
ICAP2
Bond
Form 17-02-2976 (Ed. 1-02)
Page 2
2.
By adding to Section 1., Definitions, the following:
s.
Communication Terminal
means a teletype, teleprinter or video
display terminal, or similar device capable of sending or receiving information
electronically.
Communication Terminal
does
not mean a telephone.
t.
Electronic Communication System
means electronic communication operations by
Fedwire, Clearing House Interbank Payment System (CHIPS), Society of Worldwide
International Financial Telecommunication (SWIFT), similar automated interbank
communication systems, and Internet access facilities.
u.
Electronic Data
means facts or information converted to a form usable in
Computer Systems
and which is stored on
Electronic Media
for use by computer
programs.
v.
Electronic Instruction
means computer programs converted to a form
usable in a
Computer System
to act
upon
Electronic Data
.
w.
Electronic Media
means the magnetic tape, magnetic disk, optical disk, or any other bulk
media on which data is recorded.
3.
By adding the following Section after Section 4., Specific
Exclusions-Applicable to All INSURING CLAUSES except 1., 4., and 5.:
Section 4.A. Specific
Exclusions-Applicable to INSURING CLAUSE 13
This Bond
does not directly or indirectly cover:
a.
loss resulting directly or indirectly from
Forged
, altered or fraudulent negotiable instruments, securities,
documents or written instruments used as source documentation in the
preparation of
Electronic Data
;
b.
loss of negotiable instruments, securities, documents or written
instruments except as converted to
Electronic
Data
and then only in that converted form;
c.
loss resulting from mechanical failure, faulty construction, error in
design, latent defect, wear or tear, gradual deterioration, electrical
disturbance,
Electronic Media
failure
or breakdown or any malfunction or error in programming or error or omission in
processing;
d.
loss resulting directly or indirectly from the input of
Electronic Data
at an authorized electronic
terminal of an
Electronic Funds Transfer
System
or a
Customer Communication
System
by a person who had authorized access from a customer to that
customers authentication mechanism; or
e.
liability assumed by the ASSURED by agreement under any contract,
unless such liability would have attached to the ASSURED even in the absence of
such agreement; or
f.
loss resulting directly or indirectly from:
(1)
written instruction unless covered under this INSURING CLAUSE; or
(2)
instruction by voice over the telephone, unless covered under this
INSURING CLAUSE.
ICAP2
Bond
Form 17-02-2976 (Ed. 1-02)
Page 3
4.
By adding to Section 9., Valuation, the following:
Electronic Data, Electronic
Media, Or Electronic Instruction
In case of loss of, or damage to,
Electronic
Data, Electronic Media
or
Electronic
Instruction
used by the ASSURED in its business, the COMPANY shall
be liable under this Bond only if such items are actually reproduced form other
Electronic Data, Electronic Media
or
Electronic Instruction
of the same
kind or quality and then for not more than the cost of the blank media and/or
the cost of labor for the actual transcription or copying of data which shall
have been furnished by the ASSURED in order to reproduce such
Electronic Data, Electronic Media
or
Electronic Instruction
subject to the applicable
SINGLE LOSS LIMIT OF LIABILITY.
However, if such
Electronic Data
can
not be reproduced and said
Electronic Data
represents
Securities
or financial
instruments having a value, then the loss will be valued as indicated in the SECURITIES
and OTHER PROPERTY paragraphs of this Section.
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP2
Bond
Form 17-02-2976 (Ed. 1-02)
Page 4
|
VIGILANT INSURANCE COMPANY
|
|
|
|
Endorsement
No.: 8
|
|
|
|
Bond
Number:
|
81448270
|
NAME
OF ASSURED: THE ALGER FUNDS
UNAUTHORIZED SIGNATURE
ENDORSEMENT
It
is agreed that this Bond is amended as follows:
1.
By adding the following INSURING CLAUSE:
14.
Unauthorized Signature
Loss resulting directly from the ASSURED having accepted, paid or
cashed any check or
Withdrawal Order
made
or drawn on or against the account of the ASSUREDS customer which bears the
signature or endorsement of one other than a person whose name and signature is
on file with the ASSURED as a signatory on such account.
It shall be a condition precedent to the ASSUREDS right of recovery
under this INSURING CLAUSE that the ASSURED shall have on file signatures of
all the persons who are signatories on such account.
2.
By adding to Section 1., Definitions, the following:
x.
Instruction
means a written order to the issuer of an
Uncertificated Security
requesting that the transfer, pledge
or release from pledge of the specified
Uncertificated
Security
be registered.
y.
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 on books maintained for that purpose by or on behalf of the issuer,
and
(2)
of a type commonly dealt in on securities exchanges or markets, and
(3)
either one of a class or series or by its terms divisible into a class
or series of shares, participations, interests or obligations.
ICAP
Bond
Form 17-02-5602 (Ed. 10-03)
Page 1
z.
Withdrawal Order
means a non-negotiable instrument, other than an
Instruction
, signed by a customer of the
ASSURED authorizing the ASSURED to debit the customers account in the amount
of funds stated therein.
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP
Bond
Form 17-02-5602 (Ed. 10-03)
Page 2
|
VIGILANT INSURANCE COMPANY
|
|
|
|
Endorsement
No.: 9
|
|
|
|
Bond
Number:
|
81448270
|
NAME
OF ASSURED: THE ALGER FUNDS
AUTOMATIC ACQUISITION
PERCENTAGE THRESHOLD ENDORSEMENT
It
is agreed that this Bond is amended by deleting in its entirety General
Agreement C., Additional Offices or Employees-Consolidation, Merger or Purchase
or Acquisition of Assets or Liabilities-Notice To Company, and substituting the
following:
C.
Additional Offices or Employees-Consolidation, Merger or Purchase or
Acquisition Of Assets or Liabilities-Notice to Company
If the ASSURED, other than an
Investment
Company
, while this Bond is in force, merges or consolidates with,
or purchases or acquires assets or liabilities of another institution, the
ASSURED shall not have the coverage afforded under this Bond for loss which
has:
(1)
occurred or will occur on premises,
(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.
Notwithstanding anything stated above to the contrary, the COMPANY
hereby agrees to provide coverage which shall be effective on the date of
acquisition under this Bond for those acquired institutions in which the
ASSURED owns greater than fifty percent (50%) of the voting stock or voting rights
either directly or through one or more of its subsidiaries for the remainder of
the BOND PERIOD, with no additional premium, provided the acquired institution
meets all of the following conditions:
i.
the assets shall not exceed twenty percent (20%) of the ASSUREDS
assets,
ii.
there shall be neither any paid nor pending Bond claim for the three
(3) year period prior to the date of acquisition, and
iii.
the ASSURED is not aware of any disciplinary action or proceeding by
State or Federal officials involving the acquired institution as of the date of
acquisition.
ICAP
Bond
Form 17-02-6247 (Ed. 3-04)
Page 1
The COMPANY further agrees that as respects any acquisition that
involves a State or Federal regulatory assisted acquisition or assumption of
assets and/or liabilities, coverage shall be provided under this Bond for the
remainder of the BOND PERIOD as long as conditions i. and ii. above are met. As
respects such acquisition or assumption of assets and/or liabilities, coverage
applies only to a
Single Loss
fully
sustained by the ASSURED on or after the date of such acquisition or assumption.
All of the circumstances, conditions or acts causing or contributing to a
Single Loss
must occur on or after the date
of such acquisition or assumption for coverage to apply regardless of the time
such loss is discovered by the ASSURED.
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By:
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP
Bond
Form 17-02-6247 (Ed. 3-04)
Page 2
|
VIGILANT INSURANCE COMPANY
|
|
|
|
Endorsement
No.: 10
|
|
|
|
Bond
Number:
|
81448270
|
NAME
OF ASSURED: THE ALGER FUNDS
AMEND DISCOVERY ENDORSEMENT
It
is agreed that this Bond is amended by deleting Section 6., Discovery, in
its entirety and substituting the following:
6.
Discovery
This Bond applies only to loss first discovered by the Chief Compliance
Officer or Chairman of the Fund Board of the ASSURED during the BOND PERIOD.
Discovery occurs at the earlier of the Chief Compliance Officer or Chairman of
the Fund Board 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.
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP Bond
Form 17-02-6260 (Ed. 6-04)
|
VIGILANT INSURANCE COMPANY
|
|
|
|
Endorsement
No:
|
11
|
|
|
|
|
Bond
Number:
|
81448270
|
NAME
OF ASSURED: THE ALGER FUNDS
AMEND NAME OF ASSURED
ENDORSEMENT
It
is agreed that NAME OF ASSURED of the DECLARATIONS for this Bond is amended to
include the following:
The Alger Funds
The Alger American Funds
Castle Convertible Fund, Inc.
The Spectra Funds
The China-U.S. Growth Fund
The Alger Institutional Funds and their corresponding
portfolios/series
This
Endorsement applies to loss discovered after 12:01 a.m. on July 24,
2008.
ALL
OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date:
August 5, 2008
|
By
|
/s/
Robert Hamburger
|
|
|
Authorized Representative
|
ICAP
Bond
Form 17-02-6272 (Ed. 8-04)
Page 1
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)
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. 5/2007)
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)
Exhibit B
Regular Meeting of the Board of
Trustees/Directors
111 Fifth Avenue, 2
nd
Floor, New
York, NY
September 9, 2008
THE ALGER FUNDS
THE ALGER INSTITUTIONAL FUNDS
THE ALGER AMERICAN FUND
THE SPECTRA FUNDS
THE CHINA-U.S. GROWTH FUND
CASTLE CONVERTIBLE FUND, INC.
(All Funds)
RESOLVED
, that the
joint insured fidelity bond written by Chubb Group of Insurance Companies (the Bond)
in the amount of $9,000,000 covering, among others, officers and employees of
The Alger Funds, The Alger Institutional Funds, The Alger American Fund, The
Spectra Funds, The China-U.S. Growth Fund, and Castle Convertible Fund, Inc.
and in accordance with the requirements of Rule 17g-1 under the Investment
Company Act of 1940, as amended, (the Act),
is hereby ratified and approved and the Bond is reasonable in form and amount,
after having given due consideration to, among other things, the value of the
aggregate assets of the Fund to which any person covered under the Bond may
have access, the type and terms of the arrangements made for the custody and
safekeeping of the Funds assets and the nature of the securities in the Funds
portfolios; and further
RESOLVED
, that the
premium to be paid annually by the Fund under the Bond be, and hereby is,
approved by vote of a majority of the Board of Trustees/Directors and
separately by a majority of the independent Trustees/Directors, after having
given due consideration to, among other things, the number of other parties
insured under the Bond, the nature of business activities of those other
parties, the amount of the Bond and of the premium therefor, the ratable
allocation of the premium among the parties named as insureds and the extent to
which the share of the premium allocated to the Fund under the Bond is less
than the premium the Fund would have had to pay had it maintained a single
insured bond; and further
RESOLVED
, that the
continuation of the Bond be, and hereby is, approved by vote of a majority of
the Board of Trustees/Directors and separately by a majority of the independent
Trustees/Directors and further
RESOLVED
, that the
appropriate officer of the Fund, be, and he hereby is, authorized to make the
filings and give the notices required by paragraph (g) of Rule 17g-1.
Exhibit C
Registered Management Investment Company Bond Renewal
Estimate of Rule 17g-1 Required Limit for a Single Insured Bond
Current Program -
|
July 24, 2008 to July 24, 2009
|
|
|
Current Limit on Liability -
|
$9,000,000
|
Annual Premium -
|
$24,425
|
Fund/
Assets as of Last Fiscal Quarter
|
|
Total Assets
|
|
Rule 17g-1
Required Limit for
a Single Insured
Bond
|
|
Premium
Allocation
|
|
The Alger Funds
7/31/08
|
|
$
|
3,195,800,000
|
|
$
|
2,500,000
|
|
$
|
7,402
|
|
The Alger American Fund
6/30/08
|
|
$
|
1,837,400,000
|
|
$
|
1,500,000
|
|
$
|
4,441
|
|
The Alger Institutional Funds
7/31/08
|
|
$
|
3,210,000,000
|
|
$
|
2,500,000
|
|
$
|
7,402
|
|
Castle Convertible Fund, Inc.
7/31/08
|
|
$
|
51,200,000
|
|
$
|
400,000
|
|
$
|
1,184
|
|
The Spectra Funds
7/31/08
|
|
$
|
281,100,000
|
|
$
|
750,000
|
|
$
|
2,220
|
|
The China-U.S. Growth Fund
7/31/08
|
|
$
|
130,000,000
|
|
$
|
525,000
|
|
$
|
1,776
|
|
TOTAL
|
|
|
|
$
|
8,175,000
|
|
$
|
24,425
|
|
Based on the above
table and as required by Rulel7d-1(d)(7), the allocation of the renewal premium
to each of the funds is fair and reasonable based on the proportionate share of
the sum of what the premiums would have been if such insurance coverage was purchased
separately by each fund.
EXHIBIT A
E&O Allocation for the Period
July 24, 2008 to July 24, 2009
|
|
|
|
|
|
08 - 09
|
|
07 - 08
|
|
|
|
Net Assets as of
July 31, 2008
|
|
Percent of
Net Assets
|
|
Premium
Allocation
|
|
Premium
Allocation
|
|
Alger Associates, Inc. *
|
|
$
|
3,860,799,000
|
|
28.8
|
%
|
$
|
307,315
|
|
$
|
298,209
|
|
Alger SICAV
|
|
$
|
921,274,783
|
|
6.9
|
%
|
$
|
73,332
|
|
$
|
30,701
|
|
Alger Funds
|
|
$
|
3,196,841,929
|
|
23.9
|
%
|
$
|
254,465
|
|
$
|
240,463
|
|
Alger American Funds
|
|
$
|
1,743,227,461
|
|
13.0
|
%
|
$
|
138,758
|
|
$
|
206,944
|
|
Alger Institutional Funds
|
|
$
|
3,210,440,226
|
|
24.0
|
%
|
$
|
255,546
|
|
$
|
252,738
|
|
China-US Growth Fund
|
|
$
|
129,793,435
|
|
1.0
|
%
|
$
|
10,331
|
|
$
|
12,128
|
|
Castle Convertible Fund
|
|
$
|
50,985,978
|
|
0.4
|
%
|
$
|
4,058
|
|
$
|
5,792
|
|
Spectra Fund
|
|
$
|
288,937,128
|
|
2.2
|
%
|
$
|
22,999
|
|
$
|
22,764
|
|
Total Assets Under Management
|
|
$
|
13,402,299,940
|
|
100.0
|
%
|
$
|
1,066,804
|
|
$
|
1,069,739
|
|
* Includes assets under management of Alger
Associates, Inc. and its subsidiaries other then the mutual funds listed below.
Alger Funds
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Money Market
|
|
$
|
54,785,765
|
|
1.7
|
%
|
$
|
4,361
|
|
$
|
5,009
|
|
Balanced
|
|
$
|
83,995,930
|
|
2.6
|
%
|
$
|
6,686
|
|
$
|
9,485
|
|
Capital Appreciation
|
|
$
|
777,082,990
|
|
24.3
|
%
|
$
|
61,855
|
|
$
|
46,107
|
|
LargeCap Growth
|
|
$
|
381,463,566
|
|
11.9
|
%
|
$
|
30,364
|
|
$
|
38,519
|
|
MidCap Growth
|
|
$
|
553,406,521
|
|
17.3
|
%
|
$
|
44,051
|
|
$
|
58,272
|
|
SmallCap Growth
|
|
$
|
426,720,872
|
|
13.3
|
%
|
$
|
33,966
|
|
$
|
49,045
|
|
SmallCap and MidCap Growth
|
|
$
|
571,987,217
|
|
17.9
|
%
|
$
|
45,530
|
|
$
|
13,564
|
|
Health Sciences
|
|
$
|
343,059,005
|
|
10.7
|
%
|
$
|
27,307
|
|
$
|
19,918
|
|
Growth Opportunities
|
|
$
|
4,340,063
|
|
0.1
|
%
|
$
|
345
|
|
$
|
|
|
Core Fixed-Income
|
|
$
|
|
|
0.0
|
%
|
$
|
|
|
$
|
543
|
|
|
|
$
|
3,196,841,929
|
|
100.0
|
%
|
$
|
254,465
|
|
$
|
240,463
|
|
|
|
|
|
|
|
|
|
|
|
Alger Institutional Funds
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Capital Appreciation
|
|
$
|
634,260,380
|
|
19.8
|
%
|
$
|
50,486
|
|
$
|
31,097
|
|
LargeCap Growth
|
|
$
|
52,191,107
|
|
1.6
|
%
|
$
|
4,154
|
|
$
|
4,927
|
|
MidCap Growth
|
|
$
|
1,603,619,786
|
|
50.0
|
%
|
$
|
127,646
|
|
$
|
148,819
|
|
Small CapGrowth
|
|
$
|
920,368,953
|
|
28.7
|
%
|
$
|
73,260
|
|
$
|
67,895
|
|
|
|
$
|
3,210,440,226
|
|
100.0
|
%
|
$
|
255,546
|
|
$
|
252,738
|
|
|
|
|
|
|
|
|
|
|
|
Alger American Funds
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Balanced
|
|
$
|
180,592,331
|
|
10.4
|
%
|
$
|
14,375
|
|
$
|
22,229
|
|
Income & Growth
|
|
$
|
46,568,293
|
|
2.7
|
%
|
$
|
3,707
|
|
$
|
5,976
|
|
Capital Appreciation
|
|
$
|
328,775,203
|
|
18.9
|
%
|
$
|
26,170
|
|
$
|
33,270
|
|
LargeCap Growth
|
|
$
|
437,287,992
|
|
25.1
|
%
|
$
|
34,807
|
|
$
|
50,850
|
|
MidCap Growth
|
|
$
|
264,880,364
|
|
15.2
|
%
|
$
|
21,084
|
|
$
|
34,569
|
|
SMIDCap Growth
|
|
$
|
1,630,316
|
|
0.1
|
%
|
$
|
130
|
|
$
|
|
|
SmallCap Growth
|
|
$
|
483,492,962
|
|
27.7
|
%
|
$
|
38,485
|
|
$
|
60,049
|
|
|
|
$
|
1,743,227,461
|
|
100.0
|
%
|
$
|
138,758
|
|
$
|
206,944
|
|
|
|
|
|
|
|
|
|
|
|
The Spectra Funds
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Spectra
|
|
$
|
252,131,516
|
|
7.9
|
%
|
$
|
20,069
|
|
$
|
21,428
|
|
Green
|
|
$
|
30,610,732
|
|
1.0
|
%
|
$
|
2,437
|
|
$
|
893
|
|
Technology
|
|
$
|
619,265
|
|
0.0
|
%
|
$
|
49
|
|
$
|
|
|
International
|
|
$
|
3,324,415
|
|
0.1
|
%
|
$
|
265
|
|
$
|
239
|
|
Alchemy
|
|
$
|
2,251,200
|
|
0.1
|
%
|
$
|
179
|
|
$
|
203
|
|
|
|
$
|
288,937,128
|
|
9.0
|
%
|
$
|
22,999
|
|
$
|
22,764
|
|
|
|
|
|
|
|
|
|
|
|
Alger SICAV
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
US LargeCap
|
|
$
|
5,391,010
|
|
0.2
|
%
|
$
|
429
|
|
$
|
249
|
|
US MidCap
|
|
$
|
17,987,234
|
|
0.6
|
%
|
$
|
1,432
|
|
$
|
792
|
|
US SmallCap
|
|
$
|
5,055,906
|
|
0.2
|
%
|
$
|
402
|
|
$
|
525
|
|
Asset Growth
|
|
$
|
865,838,298
|
|
27.0
|
%
|
$
|
68,919
|
|
$
|
26,613
|
|
US Technology
|
|
$
|
7,634,983
|
|
0.2
|
%
|
$
|
608
|
|
$
|
497
|
|
China-US Growth
|
|
$
|
19,367,351
|
|
0.6
|
%
|
$
|
1,542
|
|
$
|
2,026
|
|
|
|
$
|
921,274,783
|
|
28.7
|
%
|
$
|
73,332
|
|
$
|
30,701
|
|
Exhibit D
AMENDED AND
RESTATED
AGREEMENT CONCERNING ALLOCATION OF
FIDELITY BOND PREMIUMS AND RECOVERIES
Amended and Restated Agreement dated as of the 9th
day of September, 2008 among each Fund listed on Schedule 1 (collectively, the Funds).
WHEREAS,
each Fund is named insured under the fidelity
bond (the Bond) written by Chubb Group of Insurance Companies (the Insurer)
in the amount of $9 million; and
WHEREAS, the Funds desire to enter into an agreement
pursuant to Rule 17g-1(f) under the Investment Company Act of 1940,
as amended (the 1940 Act);
NOW, THEREFORE, the Funds do hereby agree as
follows:
1. The premium payable on the Bond by each Fund shall be allocated
in proportion to each Funds minimum of separate bond coverage.
2. In the event that recovery is received under the Bond as a
result of a loss sustained by a Fund and one or more other Funds, such Fund
shall receive a share of the recovery at least equal to the amount it would
have received had it provided and maintained a separate Bond under Rule 17g-1(d) under
the 1940 Act (Separate Bond).
3. In the event that the claims of loss of the Funds are so related
that the Insurer is entitled to assert that the claims must be aggregated with
the results that the total amount payable on such claims is limited to the face
amount of the Bond, the following rules for determining the priorities
among the Funds for satisfaction of the claims under the Bond shall apply:
A.
First, all claims of each Fund which have been duly proven and established
under the Bond shall be satisfied up to minimum amount of a separate Bond for
such Fund; and
B.
Second, the remaining amount of insurance, if
any, shall then be applied to the claims of the Funds in proportion to the
total of the unsatisfied amount of the claims of each Fund.
4. If the Funds investment advisor, distributor, or an affiliate
of either in the future serves as an investment advisor, sub-investment
advisor, administrator, or distributor to any other investment company (an Additional
Fund), and if the Insurer is willing to add the Additional Fund as a named
insured under the Bond, such Additional Fund shall become subject to this
Agreement upon addition to the Bond and notice of such addition shall be given
to each of the Funds hereunder;
provided,
however, that the amount of
the Bond is increased, if necessary, by an amount so that the aggregate amount
of the Bond is not less than the minimum amount which would have been required
for each named insured, including any Additional Fund, to obtain under Rule 17g-1(d) under
the 1940 Act.
5. Attached hereto as Schedule C is a list of
the assets of each of the Funds as of the end of the respective Funds last
fiscal quarter, together with an indication of the
minimum bond that be
provided and maintained under Rule 17g-1(d) under the 1940 Act for a fund with
assets of that amount.
IN
WITNESS WHEREOF, each Fund has caused this Agreement to be executed by one of
its officers thereunto duly authorized as of the date above written.
|
/s/
Lisa A. Moss
|
|
Title: Assistant Secretary
|
Bank of America Corp. Spx Capped Leveraged Index Return Notes (AMEX:CVF)
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Bank of America Corp. Spx Capped Leveraged Index Return Notes (AMEX:CVF)
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