TRIBUTARY FUNDS,
INC.
Dear TRIBUTARY FUNDS, INC.
Policyholders
will be able to obtain assistance on the following topics from the Claims Information Line:
The
Declarations Page of your policy sets forth where you should report claims and claims related information. You should also review
the policy’s reporting requirements to be aware of how much
time you have to report a claim to Travelers. The sooner Travelers is notified, the sooner we can become involved in the process
and offer assistance to our policyholder. A delay in reporting may result in all or part of a matter to fall outside of the coverage
provided.
The Claims
Information Line should streamline the claim reporting process and allow policyholders to ask questions on what information is
needed as well as other questions which will assist them in working with Travelers. While the Claims Information Line provides
policyholders a valuable resource by answering questions and providing information, the line does not replace the reporting requirements
contained in the Policy.
We hope
this improvement to customer service is something our policyholders will find helps them understand the claim process and provides
them a resource for reporting.
P.O. Box 2950
TRIBUTARY FUNDS, INC.
As a Travelers Bond & Specialty
Insured you receive risk management services, at no cost, to help protect you and your business.
Risk Management PLUS+ Online,
is a robust website to assist you in the mitigation of risk relative to employment practices, directors and officers, fiduciary
liability, cyber, crime, kidnap & ransom, and identity fraud exposures.
The following
Risk Management PLUS+ Online Registration Instructions contain easy, step-by-step instructions to register for this valuable tool.
For more information, call 1-888-712-7667 and ask for your Risk Management PLUS+ Online representative. It’s that simple.
Thank you
for choosing Travelers Bond & Specialty Insurance for your insurance needs. Travelers is a market leader in providing management
liability and crime coverages that are specifically customized for your organization.
The Site
Administrator is the person in your organization who will oversee Risk Management PLUS+ Online for the organization. The Site Administrator
is typically a person who leads human resources and/or financial functions or is responsible for legal matters pertaining to personnel.
The Site Administrator may add other Site Administrators later to assist with their responsibilities. To register:
| 4. | Fill in the Registration Information and click Submit. |
| 5. | Your organization is registered, and you are registered as Site Administrator. |
Learning to Navigate the Site:
| 1. | Go to www.rmplusonline.com.
On each page, you will see a box outlined in blue that contains the instructions for use of that page. |
| 2. | If you have any questions, just click on Contact Us on the front page. Enter your
question in the form provided, and the System Administrator will get back to you quickly with the answer. |
| 3. | You can also schedule a live walk-through of the site by sending a request for a walk-through
via the contact link on the front page. |
LTR-4107 Rev. 06-18 © 2018 The Travelers Indemnity Company. All rights reserved. | Page 1 of 1 |
| This notice provides
no coverage, nor does it change any policy terms. To determine the scope of coverage and the insured’s rights and duties
under the policy, read the entire policy carefully. For more information about the content of this notice, the insured should
contact their agent or broker. If there is any conflict between the policy and this notice, the terms of the policy prevail. | Independent
Agent And Broker Compensation Notice |
For information on how Travelers
compensates independent agents, brokers, or other insurance producers, please visit this website: www.travelers.com/w3c/legal/Producer_Compensation_Disclosure.html.
Or write:
Travelers, Agency Compensation
One Tower Square
Hartford, CT 06183
NTC-19036 Rev. 04-25 © 2025 The Travelers Indemnity Company. All rights reserved. | Page 1 of 1 |
| |
| | Investment Company Bond
Declarations |
BONDNO.
107310693
Travelers Casualty
and Surety Company of America
Hartford, Connecticut
(A Stock Insurance Company, herein called
the Company)
| ITEM
1 | INSURED: |
| | |
| | TRIBUTARY
FUNDS, INC. |
| | |
| | Principal
Address: |
| | 1620
DODGE ST |
| | MAIL
STOP 3399 |
| | OMAHA,
NE 68197 |
| | |
| | (hereinafter,
“Insured”) |
| | |
| ITEM
2 | POLICY
PERIOD: | |
| | | |
| | Inception
Date: October 01, 2026 | Expiration
Date: October 01, 2027 |
| | 12:01
A.M. local time as to both dates at the Principal Address stated in ITEM 1. |
| | |
| ITEM
3 | ALL
NOTICES OF CLAIM OR LOSS MUST BE SENT TO THE COMPANY BY EMAIL, FACSIMILE, OR MAIL AS SET FORTH BELOW: |
| | Mail: | Travelers
Bond & Specialty Insurance Claim |
| | | P.O. Box 2989 |
| | | Hartford, CT
06104-2989 |
| | Overnight
Mail: | Travelers
Bond & Specialty Insurance Claim |
| | | One Tower Square,
MN06 |
| | | Hartford, CT
06183 |
| For questions related to claim reporting or handling,
please call 1-800-842-8496. |
IVBB-15001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 1 of 3 |
| ITEM
4 | If
“Not Covered” is inserted opposite any specified Insuring Agreement
below, or if no amount is included in the Single Loss Limit of Insurance, such Insuring
Agreement and any other reference thereto is deemed to be deleted from this bond. |
| | | SINGLE
LOSS | | SINGLE
LOSS | |
| | | LIMIT
OF | | DEDUCTIBLE | |
| | INSURING
AGREEMENT | INSURANCE | | AMOUNT | |
| | | | | | | |
| | A.
| FIDELITY | | | | |
| | | Coverage
A.1. | Larceny
or Embezzlement | $1,500,000 | | $0 | |
| | | Coverage
A.2. | Restoration
Expenses | Not
Covered | | | |
| | B.
| ON
PREMISES | $1,500,000 | | $10,000 | |
| | | | | | | |
| | C.
| IN
TRANSIT | $1,500,000 | | $10,000 | |
| | | | | | | |
| | D.
| FORGERY
OR ALTERATION | $1,500,000 | | $10,000 | |
| | | | | | | |
| | E.
| SECURITIES | $1,500,000 | | $10,000 | |
| | | | | | | |
| | F.
| COUNTERFEIT
MONEY | | | | |
| | | AND
COUNTERFEIT MONEY ORDERS | $1,500,000 | | $10,000 | |
| | | | | | | |
| | G.
| CLAIM
EXPENSE | $1,500,000 | | $10,000 | |
| | | | | | | |
| | H.
| STOP
PAYMENT ORDERS OR | | | | |
| | | WRONGFUL
DISHONOR OF CHECKS | $1,500,000 | | $10,000 | |
| | | | | | | |
| | I.
| COMPUTER
SYSTEMS | | | | |
| | | Coverage
I.1. | Computer
Fraud | $1,500,000 | | $10,000 | |
| | | Coverage
I.2. | Fraudulent
Instructions | $1,500,000 | | $10,000 | |
| | | Coverage
I.3. | Restoration
Expense | Not
Covered | | | |
| | | | | | | | |
| | J.
| UNCOLLECTIBLE
ITEMS OF DEPOSIT | $1,500,000 | | $10,000 | |
| | | | | | |
| ITEM
5 | PREVIOUS
BONDS OR POLICIES: | | | | |
| The
Insured, by acceptance of this bond, gives notice to the Company canceling or terminating prior bond
or policy numbers: |
| | |
| Not Applicable |
| | |
| such cancellation
or termination to be effective as of the time this bond becomes effective. |
| | Additional
Premium Percentage: | 100%
of the annualized premium |
| | | |
| | Additional
Months: | 12
months |
| (If
exercised in accordance with section VI. CONDITIONS, S. DISCOVERY PERIOD) |
| ITEM
7 | FORMS
AND ENDORSEMENTS ATTACHED AT ISSUANCE: |
| | |
| IVBB-16001-0116;
IVBB-19004-0116; IVBB-19044-0518; IVBB-19045-0319; IVBB-19038-0422 |
IVBB-15001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 2 of 3 |
PRODUCER
INFORMATION:
AMWINS
INS BROKERAGE LLC
5910
N CENTRAL EXPY STE 400
DALLAS,
TX 75206
Countersigned By
IN WITNESS WHEREOF, the Company has caused this bond to be
signed by its authorized officers.
| | | |
| | | |
| President | | Corporate
Secretary | |
IVBB-15001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 3 of 3 |
| Investment
Company Bond |
| | Table
of Contents |
| I. | CONSIDERATION
CLAUSE | 3 |
| | | |
| II. | INSURING
AGREEMENTS | 3 |
| | A. | FIDELITY | 3 |
| | Coverage
A.1. Larceny or Embezzlement | 3 |
| | Coverage
A.2. Restoration Expenses | 3 |
| | B. | ON
PREMISES | 3 |
| | C. | IN
TRANSIT | 4 |
| | D. | FORGERY
OR ALTERATION | 4 |
| | E. | SECURITIES | 4 |
| | F. | COUNTERFEIT
MONEY AND COUNTERFEIT MONEY ORDERS | 5 |
| | G. | CLAIM
EXPENSE | 5 |
| | H. | STOP
PAYMENT ORDERS OR WRONGFUL DISHONOR OF CHECKS | 5 |
| | I. | COMPUTER
SYSTEMS | 6 |
| | Coverage
I.1. Computer Fraud | 6 |
| | Coverage
I.2. Fraudulent Instructions | 6 |
| | Coverage
I.3. Restoration Expenses | 6 |
| | J. | UNCOLLECTIBLE
ITEMS OF DEPOSIT | 6 |
| | | | |
| III. | GENERAL
AGREEMENTS | 6 |
| | A. | ORGANIC
GROWTH | 6 |
| | B. | CONSOLIDATION
- MERGER - PURCHASE OR ACQUISITION OF ASSETS | 7 |
| | C. | REPRESENTATION
OF INSURED | 7 |
| | D. | JOINT
INSURED | 7 |
| | E. | COURT
COSTS AND ATTORNEY’S FEES - LEGAL PROCEEDINGS - ELECTION TO DEFEND | 8 |
| | | | |
| IV. | DEFINITIONS | 8 |
| | | |
| V. | EXCLUSIONS | 16 |
| | | |
| VI. | CONDITIONS | 19 |
| | A. | ADDITIONAL
COMPANIES INCLUDED AS INSURED | 19 |
| | B. | DISCOVERY | 19 |
| | C. | BOND
PERIOD | 20 |
| | D. | SINGLE
LOSS | 20 |
| | E. | SINGLE
LOSS LIMIT OF INSURANCE | 20 |
| | F. | DEDUCTIBLE | 20 |
| | G. | NON-ACCUMULATION
OF LIMITS | 20 |
| | H. | NOTICE
- PROOF OF LOSS - LEGAL PROCEEDINGS | 20 |
IVBB-16001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 1 of 25 |
| | I. | VALUATION | 21 |
| | J. | ASSIGNMENT | 22 |
| | K. | SUBROGATION | 22 |
| | L. | RECOVERIES | 22 |
| | M. | COOPERATION | 23 |
| | N. | ANTI-BUNDLING | 23 |
| | O. | LIMIT
OF INSURANCE UNDER THIS BOND AND PRIOR INSURANCE | 23 |
| | P. | OTHER
INSURANCE OR INDEMNITY | 23 |
| | Q. | COVERED
PROPERTY | 24 |
| | R. | CANCELATION,
TERMINATION, CHANGE OR MODIFICATION | 24 |
| | S. | DISCOVERY
PERIOD | 25 |
| | T. | HEADINGS | 25 |
IVBB-16001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 2 of 25 |
| Investment
Company Bond |
| | with
Extended Coverages |
IN
CONSIDERATION of the payment of an agreed premium and subject to the Declarations and pursuant to all the terms, conditions,
exclusions and limitations of this bond, the Company agrees to indemnify the Insured as set forth in ITEM 1 of the Declarations
(herein called Insured) for:
Coverage
A.1. Larceny or Embezzlement
Loss
resulting directly from Larceny or Embezzlement committed by an Employee acting alone or in collusion with others.
Coverage
A.2. Restoration Expenses
Restoration
Expenses incurred by the Insured and resulting directly from a Computer Violation by an Employee.
| 1. | Loss
of Property resulting directly from: |
| a. | robbery,
burglary, mysterious unexplainable disappearance or misplacement and damage or destruction;
or |
| b. | theft,
false pretenses, or common law or statutory larceny, committed by a person physically
present in an office of, or on the premises of, the Insured at the time the Property
was surrendered, |
while
the Property is lodged or deposited within offices or premises located anywhere. The premises of a Depository will
be deemed premises of the Insured, but solely as respects loss of Certificated Securities. Coverage for Certificated
Securities held by such Depository is limited to the extent of the Insured’s interest therein as effected by
the making of appropriate entries on the books and records of such Depository. The Company will not be liable under Insuring
Agreement B for loss in connection with the central handling of securities within the systems established and maintained by any
Depository unless the amount of such loss exceeds the amount recoverable or recovered under any bond or policy or participants’
fund insuring the Depository against such loss.
This
bond does not afford any coverage in favor of any Depository or exchange or any nominee in whose name is registered any
security included within the Depository’s systems.
| 2. | Direct
loss, through any hazard specified in Insuring Agreement B.1. of any Property
while such Property is within any of the Insured’s or an Investment Adviser’s
offices and in the possession of any customer of the Insured, any representative
of such customer or any Employee whether or not the Insured is liable for the
loss thereof, and provided such loss, at the option of the Insured, is included in the
Insured’s proof of loss, but excluding, in any event, loss caused by such customer,
any representative of such customer, or any Employee. |
IVBB-16001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 3 of 25 |
Loss
of Property (occurring with or without negligence or violence) resulting directly from robbery, larceny, theft, holdup,
mysterious unexplainable disappearance, misplacement, being lost or otherwise made away with, damage thereto or destruction thereof,
and loss of subscription, conversion, redemption or deposit privileges through the misplacement or loss of Property, while
the Property is in transit anywhere in the custody of any person or persons acting as Messenger, except while in
the mail or with a carrier for hire other than an armored motor vehicle company, for the purpose of transportation, such transit
to begin immediately upon receipt of such Property by the transporting person or persons, and to end immediately upon delivery
thereof at destination, but only while the Property is being conveyed.
Loss
resulting directly from the Insured having, in good faith, paid or transferred any Property in reliance on any Written,
Original:
| 1. | Negotiable
Instrument (except an Evidence of Debt); |
| 2. | Certificate
of Deposit; |
| 6. | receipt
for the withdrawal of Property; or |
| 7. | instruction
or advice directed to the Insured or an Investment Adviser and purportedly signed
by a Customer of the Insured or by a Financial Institution, |
which
(a) bears a handwritten signature which is a Forgery; or (b) is altered, but only to the extent the Forgery or alteration
causes the loss.
Actual
physical possession of the items listed in 1. through 7. above by the Insured is a condition precedent to the Insured’s
having relied on the items.
Loss
resulting directly from the Insured having, in good faith, for its own account or for the account of others:
| 1. | acquired,
sold, delivered, or given value, extended credit or assumed liability, on the faith of
any Original Written document that is a (an): |
| c. | deed,
mortgage, or other instrument conveying title to, or creating or discharging a lien on,
real property; |
| d. | Certificate
of Origin or Title; |
| e. | Certificate
of Deposit; |
| g. | corporate,
partnership, or personal Guarantee; |
IVBB-16001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 4 of 25 |
| j. | Statement
of Uncertificated Security, |
that
| (1) | bears
a handwritten signature material to the validity or enforceability of the Original
Written document that is a Forgery, but only to the extent the Forgery
causes the loss; |
| (2) | is
altered, but only to the extent the alteration causes the loss; or |
| 2. | guaranteed
in writing or witnessed any handwritten signature upon any transfer, assignment, bill
of sale, power of attorney, Guarantee, endorsement, or any items listed in items
1.a. through 1.i. above; or |
| 3. | acquired,
sold or delivered, given value, extended credit or assumed liability, on the faith of
any item listed in 1.a. through 1.d. above, that is a Counterfeit, but only to
the extent the Counterfeit causes the loss. |
Actual
physical possession, and continued actual physical possession if taken as collateral, of the items listed in 1.a. through 1.j.
above by the Insured, an Investment Adviser, a Custodian, or a Federal or State chartered deposit institution of
the Insured is a condition precedent to the Insured’s having relied on the faith of such items. Release or return of such
collateral is an acknowledgment by the Insured that it no longer relies on such collateral.
| F. | COUNTERFEIT
MONEY AND COUNTERFEIT MONEY ORDERS |
Loss
resulting directly from the receipt by the Insured, in good faith, of any Counterfeit Money of the United States of America
and its territories and possessions, Canada or any other country, or of Counterfeit money orders denominated in United
States or Canadian currency.
Reasonable
expenses necessarily incurred and paid by the Insured in preparing any covered claim for loss under any Insuring Agreement covered
under this bond, which loss exceeds the Single Loss Deductible Amount applicable to such Insuring Agreement. Such expenses include
costs incurred (including necessary wages of Employees) for that part of audits or examinations performed, whether or not
required by State or Federal supervisory authorities and conducted either by such authorities or by independent accountants, by
reason of the discovery of loss sustained by the Insured.
| H. | STOP
PAYMENT ORDERS OR WRONGFUL DISHONOR OF CHECKS |
Damages
that the Insured becomes legally liable to pay its customers resulting directly from the Insured or an Investment Adviser
having:
| 1. | failed
to comply with any notice of any customer of the Insured or any authorized representative
of such customer to stop payment on any check or draft made or drawn by such customer;
or |
| 2. | wrongfully
dishonored or wrongfully failed to certify any check or draft made or drawn by the customer
of the Insured or any authorized representative of such customer. |
Notwithstanding
any other provision of this bond, damages under paragraph 2. above do not include the amount of any check or draft in question,
or any amounts paid to the payee, endorser, or accommodation party of such check or draft.
IVBB-16001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 5 of 25 |
| Coverage
I.1. | Computer
Fraud |
Loss
resulting directly from Computer Fraud.
| Coverage
I.2. | Fraudulent
Instructions |
Loss
resulting directly from the Insured or an Investment Adviser having, in good faith, caused a transfer of funds as a result
of a Fraudulent Instruction when the Insured or an Investment Adviser, prior to causing the transfer of the funds,
used its best efforts to verify the identity of the person transmitting the instruction; provided that if the instruction is purported
to be from a Customer, the Insured, or an Investment Adviser:
| a. | performed
a Callback Verification with respect to such instruction; or |
| b. | followed
commercially reasonable Security Procedures applicable to the transaction and
instruction. |
Such
Fraudulent Instruction received and, if applicable, Callback Verification performed, must be either recorded, logged,
or documented by the Insured or an Investment Adviser.
| Coverage
I.3. | Restoration
Expenses |
Restoration
Expenses incurred by the Insured or an Investment Adviser and resulting from a Computer Violation by someone
other than an Employee.
| J. | UNCOLLECTIBLE
ITEMS OF DEPOSIT |
Loss,
including dividends and interest accrued not to exceed 15% of the value of each Item of Deposit that is deposited, resulting
directly from the Insured or Investment Adviser having credited an account of a customer, shareholder or subscriber on
the faith of any Items of Deposit that prove to be uncollectible, provided that the crediting of such account causes:
| 1. | redemptions
or withdrawals to be permitted; |
| 2. | shares
to be issued; or |
It
is a condition precedent to coverage under this Insuring Agreement that the Insured or Investment Adviser hold funds represented
in Items of Deposit for the maximum number of days allowable under Regulation CC before permitting any redemptions or withdrawals,
or issuing any shares or paying any dividends with respect to such Items of Deposit.
Items
of Deposit will not be deemed to be uncollectible until the Insured’s or Investment Adviser’s standard
collection procedures have failed.
This
Insuring Agreement applies to Insureds with exchange privileges if all funds in the exchange program are insured by the Company
for Uncollectible Items of Deposit. Regardless of the number of transactions between funds, the maximum number of days
allowable under Regulation CC begins from the date a deposit was first credited to any fund in the exchange program.
If
an Insured or Investment Adviser, while this bond is in force, adds additional Employees other than by consolidation
or merger with, or purchase or acquisition of the assets, assets under management or liabilities
of, another institution, such Employees will automatically be covered hereunder from the date of such addition without
the requirement of notice to the Company or the payment of additional premium for the remainder of the Policy Period as set forth
in ITEM 2 of the Declarations.
IVBB-16001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 6 of 25 |
| B. | CONSOLIDATION
- MERGER - PURCHASE OR ACQUISITION OF ASSETS |
If
the Insured or an Investment Adviser, while this bond is in force, consolidates or merges with, or purchases or acquires
assets, assets under management or liabilities of, or purchases or acquires more than 50% voting stock ownership of another institution
(hereinafter referred to as a “Transaction”), coverage under this bond for loss which:
| 1. | has
occurred or will occur in the offices or premises of such institution; |
| 2. | has
been caused or will be caused by any employee or employees of such institution; or |
| 3. | has
arisen or will arise out of the assets, assets under management or liabilities acquired
by the Insured as a result of such Transaction, |
is
provided as follows:
| a. | Automatic
Loss Sustained Coverage |
If
a Transaction involves assets, assets under management and liabilities in an amount that is more than 25% of the consolidated
assets of all Insureds as of the most recent calendar year-end preceding the date of the Transaction, then coverage of this bond
as respects the Transaction will be afforded for a Single Loss that is both discovered and for which the acts giving rise to the
loss occur in their entirety on or after the effective date of the Transaction. This coverage terminates 60 days after the Transaction
date, or the termination date of the bond, whichever comes earlier, unless the Insured provides notice to the Company and obtains
the written consent of the Company to extend such coverage beyond said date and, upon obtaining such consent, pays to the Company
an additional premium, if required.
| b. | Automatic
Discovery Coverage |
If
a Transaction involves assets, assets under management and liabilities in an amount that is 25% or less of the consolidated assets
of all Insureds as of the most recent calendar year-end preceding the date of the Transaction, then coverage of this bond as respects
the Transaction will be afforded for a Single Loss that is discovered on or after the effective date of the Transaction, for the
remainder of the Policy Period as set forth in ITEM 2 of the Declarations, without additional premium being charged and without
notice to the Company of the Transaction.
| C. | REPRESENTATION
OF INSURED |
No
statement made by or on behalf of the Insured, whether contained in the application or otherwise, is deemed to be a warranty of
anything except that it is true to the best of the knowledge and belief of the person making the statement.
This
bond does not indemnify or hold harmless any Insured for loss sustained by an Investment Adviser, or by a proprietorship,
partnership or corporation that is owned, controlled or operated by such Insured, and not named as an Insured hereunder, except
as may be provided on a limited basis within General Agreement B., but this paragraph does not apply to loss sustained by a nominee
organized by an Insured hereunder other than a holding company.
If
two or more Insureds are covered under this bond, the first named Insured will act for all Insureds. Payment by the Company to
the first named Insured of loss sustained by any Insured fully releases the Company on account of such loss. If the first named
Insured ceases to be covered under this bond, the Insured next named will thereafter be considered the first named Insured. In
the absence of an Insured being
specifically next named, the Insured entity having the greatest consolidated assets of all remaining Insureds then becomes the
first named Insured. Knowledge possessed or discovery made by any Insured or Investment Adviser constitutes knowledge or
discovery by all Insureds for all purposes of this bond. The liability of the Company for loss or losses sustained by all Insureds
will not exceed the amount for which the Company would have been liable had all such loss or losses been sustained by one Insured.
IVBB-16001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 7 of 25 |
| E. | COURT
COSTS AND ATTORNEY’S FEES - LEGAL PROCEEDINGS - ELECTION TO DEFEND |
The
Company will indemnify the Insured against court costs and reasonable attorney’s fees incurred and paid by the Insured in
defending any suit or legal proceeding brought against the Insured to enforce the Insured’s liability, or alleged liability,
on account of any loss, claim or damage that, if established against the Insured, would constitute a collectible loss under this
bond in excess of any Single Loss Deductible Amount, provided, however, that with respect to Insuring Agreement A this indemnity
will apply only in the event that:
| 1. | an
Employee admits to being guilty of Larceny or Embezzlement; |
| 2. | an
Employee is adjudicated to be guilty of Larceny or Embezzlement; or |
| 3. | in
the absence of 1. or 2. above, an arbitration panel agrees, after a review of an agreed
statement of facts, that an Employee would be found guilty of Larceny or Embezzlement
if such Employee were prosecuted. |
Such
indemnity is in addition to the Single Loss Limit of Insurance for the applicable Insuring Agreement or Coverage.
The
Insured or an Investment Adviser must notify the Company promptly after notice thereof, of any such suit or legal proceeding
and at the request of the Company will furnish it with copies of all pleadings and other papers therein. At the Company’s
election the Insured will permit the Company to conduct the defense of such suit or legal proceeding, in the Insured’s name,
through attorneys of the Company’s selection. In such event, the Insured and Investment Adviser will give all reasonable
information and assistance, other than pecuniary, that the Company deems necessary to the defense of such suit or legal proceeding.
If
the amount of the Insured’s liability or alleged liability is greater than the amount recoverable under this bond, or if
a Single Loss Deductible Amount is applicable, or both, then the liability of the Company under this General Agreement E. is limited
to the proportion of court costs and attorney’s fees incurred and paid by the Insured or by the Company that the amount
recoverable under this bond bears to the total amount of the Insured’s liability or alleged liability. Any amount not recoverable
by reason of the Insured’s liability or alleged liability being greater than the amount recoverable under any insuring agreement
of this bond, does not serve to reduce the Single Loss Deductible Amount applicable to such Insuring Agreement or Coverage.
If
the Company pays court costs and attorney’s fees in excess of its proportionate share of such costs and fees, the Insured
will promptly reimburse the Company for such excess.
As
used in this bond:
| A. | Acceptance
means a Written draft that the drawee has, by signature thereon, engaged
to honor as presented. |
| B. | Bond
Period has the meaning set forth in section VI. CONDITIONS, C. BOND PERIOD. |
| C. | Callback
Verification means a verbal conversation with the purported Customer,
using a Pre-Determined Telephone Number, to verify the identity of the Customer
and the authenticity of a funds transfer request. |
IVBB-16001 Ed. 01-16 © 2016 The Travelers Indemnity Company. All rights reserved. | Page 8 of 25 |
| D. | Certificate of Deposit means a Written
acknowledgment by an Insured or a Financial Institution
of receipt of Money
with an engagement to repay it. |
| E. | Certificate of Origin or Title
means a Written document issued by a manufacturer of personal
property or a governmental agency evidencing the ownership of the personal property and by which ownership is transferred. |
| F. | Certificated Security
means a share, participation or other interest in property of, or an enterprise of, the issuer or an obligation of the issuer,
that is: |
| 1. | represented by a Written instrument issued in bearer
or registered form; |
| 2. | of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or
dealt in as a medium for investment; 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. |
| G. | Computer Fraud means
an intentional, unauthorized, and fraudulent entry of data or computer instructions directly into, or change of data or computer
instructions within, a Computer System by a natural person
or entity other than an Employee, including any such entry
or change made via the internet or a Network, provided that
such entry or change causes: |
| 1. | Property to be transferred, paid, or delivered; |
| 2. | an account of the Insured, or of its customer, to be added, deleted, debited or credited; or |
| 3. | an unauthorized or fictitious account to be debited or credited. |
| 2. | any input, output, processing, storage or communication device, or any related network, operating system or application software,
that is connected to, or used in connection with, such computer, |
that is rented by, owned by, leased by, licensed
to, or under the direct operational control of, the Insured or an Investment
Adviser.
| I. | Computer Violation means: |
| 1. | the introduction of a Computer Virus into a Computer
System; or |
| 2. | damage to, or destruction of, computer programs, software or other electronic data stored within a Computer
System by a natural person, who has: |
| a. | gained unauthorized access to such Computer System;
or |
| b. | authorized access to such Computer System but uses such
access to cause such damage or destruction. |
| J. | Computer Virus means
any malicious code that could destroy, alter, contaminate, or degrade the integrity, quality, or performance of: |
| 1. | electronic data used, or stored, in any Computer System
or network; or |
| 2. | a computer network, any computer application software, or a computer operating system or related network. |
| K. | Counterfeit means a Written
imitation of an actual, valid, or verifiable Original that
is intended to deceive and to be taken as the Original. |
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| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| L. | Custodian means an
institution designated by an Insured or an Investment Adviser to
maintain possession and control of the Insured’s assets. |
| M. | Customer means, only with respect to Insuring
Agreement I.2., an entity or natural person that has a Funds
Transfer Agreement with the Insured or with an Investment
Adviser. |
| N. | Depository means a clearing corporation that
is: |
| 1. | registered with the Securities Exchange Commission as a clearing agency under section 17A of the
Securities Exchange Act of 1934 (15 U.S.C. 78q-1); or |
| 2. | a Federal Reserve Bank or other person or entity authorized to operate the federal book entry system
described in the regulations of the Department of Treasury codified at 31 CFR 357, Subpart B, or book-entry systems operated pursuant
to comparable regulations of other federal agencies. |
| O. | Document of Title means
a Written document that is a bill of lading, dock warrant,
dock receipt, warehouse receipt or order for the delivery of goods, and also any other Written
document that in the regular course of business or financing is treated as adequately evidencing that the person in
possession of it is entitled to receive, hold and dispose of the document and the goods it covers and must purport to be issued
by or addressed to a bailee and purport to cover goods in the bailee’s possession that are either identified or are fungible
portions of an identified mass. |
| P. | Electronic Data Processor means
a natural person, partnership or corporation authorized in writing by the Insured or an Investment
Adviser to perform services as a data processor of checks presented to the Insured by a customer or Financial
Institution, but excluding any such processor who acts as a transfer agent or in any other agency capacity in issuing
checks, drafts or securities for the Insured, A Federal Reserve Bank or clearinghouse will not be construed to be an Electronic
Data Processor. |
| Q. | Electronic Record means
information that is created, generated, sent, communicated, received, or stored by electronic means, and is retrievable in perceivable
form. |
| 1. | an officer, partner or other employee of the Insured, while such person is employed by and performing
services for the Insured, and whom the Insured directly compensates by wages, salaries or commissions; or for 60 days after such
individual’s termination of service, provided such termination is not due to employee fraud or dishonesty; |
| 2. | a guest student or intern pursuing studies or duties in any of the Insured’s or an Investment
Adviser’s offices or premises covered hereunder, while such person is performing services for the Insured; |
| 3. | any attorney retained by the Insured or an Investment
Adviser, and any employee of such attorney, but only while performing legal services for the Insured; |
| 4. | any natural person assigned to perform the usual duties of an employee within the premises of the
Insured or an Investment Adviser and under the Insured’s
supervision, by contract, including such persons provided by any employment agency furnishing temporary personnel to the Insured
or an Investment Adviser on a contingent or part-time basis,
and including a natural person who is leased to the Insured or an Investment
Adviser under a written agreement between the Insured and a labor leasing firm to perform duties related to the conduct
of the Insured’s business; (all such natural persons provided by a single employment agency or labor leasing firm will collectively
be deemed to be one person for all the purposes of this bond, excepting, however, the last paragraph of Condition R.2.); |
| 5. | an employee of an institution merged or consolidated with the Insured prior to the effective date
of this bond, or, subject to General Agreement B., after the effective date of this bond, but only with respect to acts while an
employee of such institution and which acts caused said institution to sustain a loss that was not known to the Insured
or to the institution at the time of the merger or consolidation; |
| IVBB-16001 Ed. 01-16 | Page 10 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| 6. | each natural person, partnership, or corporation authorized by the Insured or an Investment
Adviser to perform services as an Electronic Data Processor
(each such Electronic Data Processor, and the
partners, officers and employees of such Electronic Data Processor
will collectively be deemed to be one Employee
for all the purposes of this bond, except with respect to Condition R.2.); |
| 7. | any director or trustee of an Insured, Investment
Adviser, underwriter (distributor), transfer agent, shareholder accounting record keeper, or administrator authorized
by Written agreement with the Insured to keep financial
or other required records, but only while performing acts coming within the scope of the usual duties of an officer or employee
or while acting as a member of any committee duly elected or appointed to examine or audit or have custody of or access to the
Property of the Insured; |
| 8. | any natural person who is a volunteer, while such person is subject to the Insured’s direction
and control and is performing services for the Insured; |
| 9. | any natural person who is a former employee retained as a consultant, pursuant to a written agreement
with the Insured, while that person is subject to the Insured’s direction and control and performing services for the Insured;
and |
| 10. | any officer, partner, or employee of: |
| b. | an underwriter (distributor); |
| c. | a transfer agent or shareholder accounting record-keeper; or |
| d. | an administrator authorized by written agreement to keep financial or other required records, |
for an Insured but only while
performing acts coming within the scope of the usual duties of an officer or employee of the Insured, or while acting as a member
of any committee duly elected or appointed to examine or audit or have custody of or access to the Property
of any such Insured, provided that only employees or partners of a transfer agent, shareholder accounting record-keeper
or administrator that is an affiliated person, as defined in the Investment Company Act of 1940, of an Insured or is an affiliated
person of the Investment Adviser, underwriter or administrator
of such Insured, and that is not a bank, will be included within the definition of Employee.
Employee
also means any natural person described above while such person is on medical, military, or other leave of absence.
Coverage applies to any such Employee while on leave, regardless
of whether such person remains subject to the Insured’s direction and control during the time of leave.
Employee
does not mean any agent, broker, factor, commission merchant, consignee, independent contractor or representative or
other person of the same general character not specified above.
| S. | Evidence of Debt means
a Written instrument, including a Negotiable
Instrument, executed, or purportedly executed, by a customer of the Insured and held by the Insured or an Investment
Adviser that in the regular course of business is treated as evidencing the customer’s debt to the Insured. |
| T. | Financial Institution means: |
| 1. | a bank, trust company, savings bank, credit union, savings and loan association, or similar thrift
institution; or |
| 2. | a stock brokerage firm, mutual fund, liquid assets fund or
similar investment institution; |
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| © 2016 The Travelers Indemnity Company. All rights reserved. | |
provided that Financial
Institution does not include any such entity, institution or organization that is an Insured or an Investment
Adviser.
| U. | Forgery means signing the name of another person
or organization with a handwritten signature directly applied to a Written
document without authority, and with the intent to deceive. |
A signature written on an electronic
pad that captures the signature for purposes of creating an electronic digitized image of a handwritten signature, or a reproduction
of a handwritten signature, is treated the same as a handwritten signature. Any other form of electronic signature or digital signature
is not treated the same as a handwritten signature.
Forgery
does not mean a signature that consists in whole or in part of one’s own name signed with or without authority,
in any capacity, for any purpose.
| V. | Fraudulent Instruction means an intentional,
fraudulent and unauthorized instruction directed to the Insured or an Investment
Adviser, that is: |
| 1. | transmitted via telefacsimile, and: |
| a. | purports and reasonably appears to be from a Customer,
a Financial Institution, or another office of the Insured; |
| b. | was in fact transmitted by someone other than a Customer,
a Financial Institution, or another office of the Insured;
and |
| c. | purports and reasonably appears to contain the handwritten signature of a person authorized to
initiate such transfer that proves to have been used by an unauthorized person; or |
| 2. | transmitted verbally, via telephone, and purports to be from: |
| a. | an officer, director, partner or employee of a Customer,
who is authorized by the Customer
to instruct the Insured or an Investment Adviser to make
such a transfer; |
| b. | a Customer who is a natural person; or |
| c. | an Employee in another office
of the Insured who was authorized by the Insured to instruct other Employees
to transfer funds on deposit in a Customer’s
account; and was received by an Employee specifically designated
to receive and act upon such instructions, |
but was in fact transmitted by someone other than
a person described in paragraph V.2.; or
| 3. | transmitted via electronic mail and purports and reasonably appears to be from a Customer
of the Insured, but was in fact transmitted by someone other than such Customer. |
Fraudulent
Instruction does not include any instruction that purports to be from a Customer
unless the instruction is transmitted by a method that is authorized in the Funds
Transfer Agreement between the Insured and the Customer.
| W. | Funds Transfer Agreement means an agreement,
signed by the Customer, that: |
| a. | authorizes the Insured or an Investment Adviser to rely
on instructions transmitted by either voice, telefacsimile or electronic mail to make funds transfers; and |
| b. | provides the Insured or an Investment Adviser with the
names of persons authorized to initiate funds transfers. |
| IVBB-16001 Ed. 01-16 | Page 12 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| X. | Guarantee means a Written
undertaking obligating the signer to pay the debt of another to the Insured or its assignee or to a Financial
Institution from which the Insured has purchased participation in the debt, if the debt is not paid in accordance with
its terms. |
| Y. | Instruction means
a Written order to the issuer of an Uncertificated
Security requesting that the transfer, pledge, or release from pledge of the Uncertificated
Security specified be registered. |
| Z. | Investment Adviser means
any entity defined in §202(a)(11) of, and registered under, the Investment Advisers Act of 1940, as amended, but only while
acting on behalf of the Insured. |
| AA. | Item of Deposit means
any checks or drafts deposited into the account of a customer, shareholder or subscriber. |
| BB. | Larceny or Embezzlement means
larceny or embezzlement as defined in the Investment Company Act of 1940, §37 as amended. |
| CC. | Letter of Credit
means an engagement in writing by a Financial Institution
or other person made at the request of a customer that the Financial
Institution or other person will honor drafts or other demands for payment upon compliance with the conditions specified
in the Letter of Credit. |
| DD. | Loan means all extensions
of credit by the Insured and all transactions creating a creditor relationship in favor of the Insured and all transactions by
which the Insured assumes an existing creditor relationship. |
| EE. | Messenger means an
Employee while in possession of the Insured’s Property
away from the Insured’s or Investment Adviser’s premises
and any other natural person acting as custodian of the Property during
an emergency arising from the incapacity of the original Employee. |
| FF. | Money means a medium
of exchange in current use authorized or adopted by a domestic or foreign government as a part of its currency. |
| GG. | Negotiable Instrument means a Written
document, that: |
| 1. | is signed by the maker or drawer; |
| 2. | contains an unconditional promise or order to pay a sum certain in Money
and no other promise, order, obligation or power given by the maker or drawer; |
| 3. | is payable on demand or at a definite time; and |
| 4. | is payable to order or bearer. |
Negotiable
Instrument also means a counterfeit check or Substitute
Check.
| HH. | Network means any
and all services provided by or through the facilities of any electronic or computer communication system, including Fedwire, Clearing
House Interbank Payment System (CHIPS), Society for Worldwide Interbank Financial Telecommunication (SWIFT), National Automated
Clearing House Association (NACHA) and similar interbank payment or settlement systems, including any shared networks, internet
access facilities, or other similar facilities for such systems in which the Insured participates, allowing the input, output,
examination, or transfer of data or programs from one computer to a Computer
System. |
| II. | Original
means the first rendering or archetype and does not include photocopies or electronic transmissions even if received
and printed. |
| JJ. | Pre-Determined Telephone Number means a telephone
number that: |
| 1. | was provided by the Customer
when the Customer
opened the account with the Insured or an Investment Adviser; |
| IVBB-16001 Ed. 01-16 | Page 13 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| 2. | was provided in person by the Customer after the Customer
opened the account with the Insured or an Investment
Adviser, while physically present on the Insured’s or Investment
Adviser’s premises and while presenting a government-issued photo identification; |
| 3. | was provided in a Funds Transfer Agreement; |
| 4. | replaced a telephone number previously provided for the Customer’s
account, provided that confirmation of the legitimacy of the change was achieved through direct contact with the Customer
at a telephone number described in paragraph JJ.1., JJ.2. or JJ.3. above; or |
| 5. | replaced a telephone number previously provided for the Customer’s
account and was received by the Insured or the Investment
Adviser at least 30 days prior to the receipt of the Fraudulent
Instruction. |
| KK. | Property means Money,
Certificated Securities, Uncertificated Securities, Negotiable Instruments, Certificates
of Deposit, Documents of Title, Acceptances,
Evidences of Debt, Security
Agreements, Withdrawal Orders, Certificates
of Origin or Title, Letters of Credit, insurance
policies, abstracts of title, deeds and mortgages on real estate, revenue and other stamps, tokens, unsold state lottery tickets,
books of account and other records whether Written or recorded
electronically, gems, jewelry, precious metals of all kinds and in any form, and tangible items of personal property that are not
hereinbefore enumerated. |
| LL. | Restoration Expenses means
reasonable costs incurred by the Insured or an Investment Adviser,
with the Company’s prior written consent, to restore, replace or reproduce damaged or destroyed computer programs, software
or other electronic data stored within a Computer System,
or that the Insured owns, holds or is responsible for, to the condition that existed immediately preceding a Computer
Violation; provided that if it is determined by the Insured or Investment
Adviser that such computer programs, software or other electronic data cannot reasonably be restored, replaced or reproduced,
then Restoration Expenses means only the reasonable costs
incurred by the Insured or an Investment Adviser, with the
Company’s prior written consent, to reach such determination. |
Restoration
Expenses do not include:
| 1. | expenses incurred as a result of the reconstruction of computer programs, software, or other electronic
data that the Insured did not have a license to use; |
| 2. | expenses incurred to restore, replace, or reproduce damaged or destroyed computer programs, software
or other electronic data if such damage or destruction was caused by computer programs, software, or other electronic data that
the Insured did not have a license to use; |
| 3. | expenses incurred to design, update, improve, or perfect the operation or performance of computer
programs, software, or other electronic data; or |
| 4. | expenses incurred to redo the work product, research, or analysis that was the basis of, or resulted
in, any computer programs, software, or other electronic data stored. |
| MM. | Security Agreement
means a Written agreement that creates an interest in personal
property or fixtures and that secures payment or performance of an obligation. |
| NN. | Security Procedure means
the Insured’s or Investment Adviser’s established
authentication process, other than voice recognition, that requires the use of algorithms or other codes, identifying words or
numbers, encryption, or similar security devices or procedures. The following are not considered a Security
Procedure: |
| 1. | a general statement that the Insured or Investment Adviser
may establish security procedures; |
| 2. | a statement that the Insured or Investment
Adviser may perform a callback or other security procedure; or |
| 3. | a statement that the Insured or Investment
Adviser will only accept requests from persons named on the account. |
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| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| OO. | Single Loss has the meaning set forth in section
VI. CONDITIONS, D. SINGLE LOSS. |
| PP. | Statement of Uncertificated Security means a
Written statement of the issuer of an Uncertificated
Security containing: |
| 1. | a description of the issue of which the Uncertificated Security
is a part; |
| 2. | the number of shares or units: |
| a. | transferred to the registered owner; |
| b. | pledged by the registered owner to the registered pledgee; |
| c. | released from pledge by the registered pledgee; |
| d. | registered in the name of the registered owner on the date of the statement; or |
| e. | subject to pledge on the date of the statement; |
| 3. | the name and address of the registered owner and registered pledgee; |
| 4. | a notation of any liens and restrictions of the issuer and any adverse claims to which the Uncertificated
Security is or may be subject to, or a statement that there are none of those liens, restrictions or adverse claims;
and |
| a. | the transfer of the shares or units to the new registered owner of the shares or units was registered; |
| b. | the pledge of the registered pledgee was registered; or |
| c. | of the statement, if it is a periodic or annual statement. |
| QQ. | Substitute Check means a paper reproduction of
an Original Written check as defined in the Check Clearing
for the 21st Century Act of 2003, as amended. |
| RR. | Transportation Company means
any organization that provides its own or leased vehicles for transportation or that provides freight forwarding or air express
services. |
| SS. | Uncertificated Security means
a share, participation or other interest in property of, or an enterprise of, the issuer or an obligation of the issuer, that is: |
| 1. | not represented by a Written instrument issued in bearer
or registered form and the transfer of which is registered upon books maintained for that purpose by or on behalf of the issuer; |
| 2. | of a type commonly dealt in on securities exchanges or markets, or commonly recognized in any area in which it is issued or
dealt in as a medium for investment; 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. |
| TT. | Withdrawal Order means
a non-negotiable Written instrument, other than an Instruction,
signed by a customer of the Insured authorizing the Insured to debit the customer’s account in the amount of funds stated
therein. |
| UU. | Written means expressed
through letters or marks placed upon paper and visible to the eye. It does not include information contained in an Electronic
Record, or only with respect to Insuring Agreement D, information communicated via telefacsimile. |
| IVBB-16001 Ed. 01-16 | Page 15 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| A. | This bond does not cover loss resulting directly or indirectly from forgery or alteration, except
when covered under Insuring Agreement A, D, E, F or G. |
| B. | This bond does not cover loss due to war, invasion, acts of foreign enemies, hostilities (whether
war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalization,
requisition, or destruction of, or damage to, property by or under the order of any government, public or local authority, unless
such loss occurs in transit in the circumstances recited in Insuring Agreement C and unless, when such transit was initiated, there
was no knowledge of such act or condition related to any of the foregoing on the part of any person acting for the Insured in initiating
such transit. |
| C. | This bond does not cover loss resulting directly or indirectly from nuclear reaction, nuclear radiation,
radioactive contamination, biological, or chemical contamination or to any related act or incident. |
| D. | This bond does not cover loss resulting directly or indirectly from any acts of any director or
trustee of the Insured other than one employed as a salaried, pensioned, or elected official or an Employee
of the Insured, except when performing acts coming within the scope of the usual duties of an Employee,
or while acting as a member of any committee duly elected or appointed by resolution of the board of directors or trustees of the
Insured to perform specific, as distinguished from general, directorial acts on behalf of the Insured. |
| E. | This bond does not cover loss resulting directly or indirectly from the complete or partial non-payment
of, or default upon, any Loan or transaction involving the
Insured as a lender or borrower, or extension of credit, including the purchase, discounting or other acquisition of false or genuine
accounts, invoices, notes, agreements or Evidences of Debt,
whether such Loan, transaction or extension was procured
in good faith or through trick, artifice, fraud, or false pretenses, except when covered under Insuring Agreement A or E. |
| F. | This bond does not cover loss caused by an Employee,
except: |
| 1. | when covered under Insuring Agreement A.; or |
| 2. | when covered under Insuring Agreement B. or C. and resulting directly from mysterious unexplainable
disappearance or misplacement, or unintentional destruction of or damage to Property. |
| G. | This bond does not cover loss resulting directly or indirectly from the use or purported use of
credit, debit, charge, access, convenience, identification cash management or other cards: |
| 1. | in obtaining credit or funds; |
| 2. | in gaining access to any automated teller machine; or |
| 3. | in gaining access to any point of sale terminal, customer-bank communication terminal, or similar
electronic terminal of any electronic funds transfer system, |
whether such cards were issued, or purport to have
been issued, by the Insured or by anyone other than the Insured, except when covered under Insuring Agreement A.
| H. | This bond does not cover loss through the surrender of Property
away from an office of the Insured or an Investment
Adviser as a result of a threat: |
| 1. | to do bodily harm to any person, except loss of Property
in transit in the custody of a Messenger provided that when
such transit was initiated there was no knowledge by the Insured of any such threat; or |
| 2. | to do damage to the premises or property of the Insured, |
| IVBB-16001 Ed. 01-16 | Page 16 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
except when covered under Insuring
Agreement A.
| I. | This bond does not cover loss resulting directly or indirectly from payments made or withdrawals
from a customer’s account involving erroneous credits to such account, unless such payments or withdrawals are physically
received by such depositor or representative of such depositor who is within the office of the Insured or an Investment
Adviser at the time of such payment or withdrawal, or except when covered under Insuring Agreement A. |
| J. | This bond does not cover loss resulting directly or indirectly from payments made or withdrawals
from a customer’s account involving items of deposit that are not finally paid for any reason, including forgery or any other
fraud, except when covered under Insuring Agreement A or J, however, this exclusion does not apply to United States Government
checks or drafts that are returned to the Insured by the United States Government for any reason after the funds for said checks
or drafts have been remitted to the Insured or credited to the Insured’s account. |
| K. | This bond does not cover loss resulting directly or indirectly from counterfeiting, except when
covered under Insuring Agreement A, D, but only as respects Negotiable
Instruments (except Evidences of Debt or Substitute
Checks), E or F. |
| L. | This bond does not cover loss of Property while: |
| 2. | in the custody of any Transportation
Company, unless covered under Insuring Agreement C provided however that non-negotiable instruments while in the possession
and custody of any Transportation Company will be deemed
to be covered under Insuring Agreement C; or |
| 3. | located on the premises of any Transportation
Company, |
except when covered under Insuring Agreement A.
| M. | This bond does not cover potential income, including interest and dividends not realized by the Insured. |
| N. | This bond does not cover damages of any type for which the Insured is legally liable, except direct
compensatory damages, but not multiples thereof, arising directly from a loss covered under this bond. |
| O. | This bond does not cover any fees, costs, or other expenses incurred by the Insured in establishing
the existence of or amount of loss covered under this bond except when covered under Insuring Agreement G. |
| P. | This bond does not cover indirect or consequential loss of any nature. |
| Q. | This bond does not cover loss resulting from any violation by the Insured or by any Employee: |
| 1. | of law regulating: (i) the issuance, purchase or sale of securities; (ii) securities transactions
upon security exchanges or over the counter market; (iii) investment companies; or (iv) investment advisers; or |
| 2. | of any rule or regulation made pursuant to any such law, |
unless it is established by
the Insured that the act or acts that caused said loss involved fraudulent or dishonest conduct that would have caused a covered
loss to the Insured in a similar amount in the absence of such laws, rules or regulations.
| R. | This bond does not cover loss resulting directly or indirectly from the failure of a financial
or depository institution, or its receiver or liquidator, to pay or deliver, on demand of the Insured or an Investment
Adviser, funds or Property of the Insured held
by it in any capacity, except when covered under Insuring Agreement A or B.1.a. |
| S. | This
bond does not cover loss involving any Uncertificated
Security except an Uncertificated
Security of any Federal Reserve Bank of the United States or when covered under Insuring
Agreement A, E or I. |
| IVBB-16001 Ed. 01-16 | Page 17 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| T. | This bond does not cover under Insuring Agreement I, in addition to all of the other exclusions, loss: |
| 1. | resulting directly or indirectly from entries or changes made by an individual authorized to have
access to a Computer System, who acts in good faith on instructions
or advices received by telegraph, teletype, human voice over a telephone, or by any other means, unless such instructions or advices
are given to that individual by a software contractor (or by a partner, officer or employee thereof) authorized by the Insured
or an Investment Adviser to design, develop, prepare, supply,
service, write, or implement programs for the Computer System,
except when covered under Insuring Agreement I.2.; |
| 2. | caused by an employee or director of an automated clearing house (including a Federal Reserve Bank),
service bureau, electronic communications systems (including Fedwire, CHIPS and SWIFT) or merchants who have contracted with the
Insured to perform electronic funds transfer services; or |
| 3. | resulting directly or indirectly from entries or changes made by an Employee
acting in good faith on any electronic communication, unless such instructions are purportedly sent by a customer, Financial
Institution, or automated clearing house, except when covered under Insuring Agreement I.2. |
| U. | This bond does not cover loss resulting directly or indirectly from Computer
Fraud or mechanical breakdown or failure to function properly of any Computer
System, except when covered under Insuring Agreement A, B, or I. |
| V. | This bond does not cover under Insuring Agreement I.2., in addition to all of the other exclusions,
loss resulting directly or indirectly from the Insured’s or an Investment
Adviser’s assumption of liability by contract unless the liability arises from a loss covered by Insuring Agreement
I.2. and would be imposed on the Insured regardless of the existence of the contract. |
| W. | This bond does not cover loss resulting directly or indirectly from theft, disappearance, destruction,
or disclosure of intangible property or confidential information, including trade secrets, customer lists, customer’s intellectual
property, confidential processing methods, formulas, patents, computer programs, negatives, drawings, manuscripts, prints and other
records of a similar nature, whether such confidential information is owned by the Insured or an Investment
Adviser or held by the Insured or Investment Adviser in
any capacity including concurrently with another person. |
| X. | This bond does not cover expenses arising from a data security breach or incident, including forensic
audit expenses, fines, penalties, expenses to comply with federal and state laws, payment card industry data security standards
(if applicable), or expenses related to notifying affected individuals when the affected individual’s personally identifiable
customer, financial or medical information was stolen, accessed, downloaded, or misappropriated while in the Insured’s care,
custody, or control. |
| Y. | This bond does not cover under Insuring Agreement A.1., in addition to all of the other exclusions,
loss resulting directly or indirectly from the alleged or actual destruction of Property
by an Employee. |
| Z. | This bond does not cover loss, costs, or expenses the Insured or an Investment
Adviser agrees to incur, or incurs on behalf of another person or entity, when the Insured is not legally obligated
to incur such loss, costs, or expenses under the Uniform Commercial Code or any other common, case, or tort law, statute, rule,
or code anywhere in the world, including any rule or code of any clearing or similar organization; except when covered under Insuring
Agreement I.2. |
| AA. | This bond does not cover loss resulting directly or indirectly from the dishonest or fraudulent
acts of an Employee as to whom the bond has terminated pursuant
to Condition R. Cancelation, Termination, Change or Modification, provided, however, that this exclusion does not apply to loss
of any Property already in transit in the custody of such
Employee at the time the bond terminated or to loss resulting
directly from dishonest or fraudulent acts occurring prior to the time the bond terminated. |
| BB. | This bond does not cover loss resulting from the unauthorized online Network,
Computer System or internet access to a customer account
maintained by the Insured, through the use of fraudulently obtained customer login, identification, password, or authentication
information, except where such information has been obtained
directly from unauthorized fraudulent access to a secure file containing such information on a Computer
System, except when covered under Insuring Agreement I.2. |
| IVBB-16001 Ed. 01-16 | Page 18 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| CC. | This bond does not cover damages resulting from any civil, criminal, or other legal proceeding
in which the Insured or Investment Adviser is adjudicated
to have engaged in racketeering activity, except when the Insured establishes that the act or acts giving rise to such damages
were committed by an Employee under circumstances that result
directly in a loss to the Insured covered by Insuring Agreement A. For purposes of this exclusion, “racketeering activity”
is defined in 18 U.S.C. 1961 et seq., as amended. |
| DD. | This bond does not cover any loss resulting directly or indirectly from a Fraudulent
Instruction except when covered under Insuring Agreement I.2. |
| EE. | This bond does not cover loss or expenses due to liability imposed upon the Insured as a result
of the unlawful disclosure of non-public information by the Insured, an Investment
Adviser, or any Employee, or as a result of any
Employee acting upon such information, whether or not authorized. |
| FF. | This bond does not cover loss resulting directly or indirectly from the input of an Electronic
Record into a Computer System, either on the
premises of a customer of the Insured or under the control of such a customer, by a customer or other person who had authorized
access to the customer’s authentication mechanism. |
| A. | ADDITIONAL COMPANIES INCLUDED AS INSURED |
If more than one corporation,
co-partnership, or person, or any combination of them are included as the Insured herein:
| 1. | the total liability of the Company for loss or losses sustained by any one or more or all of them
will not exceed the limit for which the Company would be liable hereunder if all such loss were sustained by any one of them; |
| 2. | the Insured first named will be deemed authorized to make, adjust and receive and enforce payment
of all claims under the bond and will be deemed to be the agent of the others for such purposes and for the giving or receiving
of any notice required or permitted to be given by the terms of this bond, provided however that the Company will furnish each
named Insured with a copy of the bond and with any amendment to the bond, together with a copy of each formal filing of claim by
any Insured and notification of the terms of any settlement of a claim prior to the execution of such settlement; |
| 3. | the Company will not be responsible for the proper application of any payment made hereunder to
the first named Insured; and |
| 4. | knowledge possessed or discovery made by any partner, officer or supervisory Employee
of any Insured will for the purposes of Condition B., Condition H. or Condition R. of this bond constitute knowledge
or discovery by all the Insureds. |
This bond applies to loss discovered
by the Insured during the Bond Period. Discovery occurs
when an officer or director of the Insured or of an Investment Adviser
first becomes aware of facts that would cause a reasonable person to assume that a loss of a type covered by this bond
has been or will be incurred, regardless of when the act or acts causing or contributing to such loss occurred, even though the
exact amount or details of loss may not then be known.
Discovery also occurs when an
officer or director of the Insured or an Investment Adviser receives
notice of an actual or potential claim in which it is alleged that the Insured is liable to a third party under circumstances that,
if true, would constitute a loss under this bond.
| IVBB-16001 Ed. 01-16 | Page 19 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
Bond
Period means the period of one year following the inception date of this bond or any annual anniversary thereof, or
if the time between the inception or annual anniversary date and the expiration date of this bond is less than one year, then such
lesser period.
Single
Loss means all covered loss, including court costs and attorney’s fees incurred by the Company under General Agreement
E., resulting from:
| 1. | any one act or series of related acts of burglary, robbery, or attempt thereat, in which no Employee
is implicated; |
| 2. | any one act or series of related unintentional or negligent acts or omissions on the part of any
person (whether an Employee or not) resulting in damage
to or destruction or misplacement of Property; |
| 3. | all acts or omissions other than those specified in 1. and 2. above, caused by any person (whether
an Employee or not) or in which such person is implicated;
or |
| 4. | any one casualty or event not specified in 1., 2., or 3. above. |
| E. | SINGLE LOSS LIMIT OF INSURANCE |
The Company’s liability
for each Single Loss will not exceed the applicable Single
Loss Limit of Insurance set forth in ITEM 4 of the Declarations. If a Single
Loss is covered under more than one Insuring Agreement or Coverage, the Single Loss Limit of Insurance for each applicable
Insuring Agreement or Coverage will apply separately to that part of the loss covered under such Insuring Agreement or Coverage,
provided that the maximum payable for such Single Loss will
not exceed the largest applicable Single Loss Limit of Insurance.
The Company is liable hereunder
only for the amount by which any Single Loss exceeds the
Single Loss Deductible Amount for the Insuring Agreement or Coverage applicable to such loss, subject to the applicable Single
Loss Limit of Insurance.
If a Single
Loss is covered under more than one Coverage within an Insuring Agreement, the Single Loss Deductible Amount set forth
in ITEM 4 of the Declarations for each applicable Coverage will apply separately to the part of such Single
Loss covered under such Coverage, however the sum of such Single Loss Deductible Amounts for such Single
Loss will not exceed the highest applicable Single Loss Deductible Amount for any such Coverage.
The Insured will, in the time
and in the manner prescribed in this bond, give the Company notice of any loss of the kind covered by the terms of this bond that
exceeds 25% of the Single Loss Deductible Amount applicable to such loss, whether or not the Company is liable therefor, and upon
the request of the Company will file with it a brief statement giving the particulars concerning such loss.
| G. | NON-ACCUMULATION OF LIMITS |
The Single Loss Limit of Insurance
of the Company is not cumulative in amount from Bond Period to
Bond Period, regardless of the number of years this bond
is in force, the number of times this bond may be renewed or replaced, or the number of premiums that are payable or paid.
| H. | NOTICE - PROOF OF LOSS - LEGAL PROCEEDINGS |
| 1. | At the earliest practicable moment not to exceed 90 days after discovery of loss, the Insured
or Investment
Adviser must give the Company notice thereof. |
| IVBB-16001 Ed. 01-16 | Page 20 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| 2. | Within
six months after such discovery, the Insured or Investment Adviser must furnish
to the Company proof of loss, duly sworn to, with full particulars. |
| 3. | Lost
Certificated Securities listed in a proof of loss will be identified by certificate
or bond numbers if such securities were issued therewith. |
| 4. | Legal
proceedings for the recovery of any loss hereunder will not be brought prior to the expiration
of 60 days after the original proof of loss is filed with the Company or after the expiration
of 24 months from the discovery of such loss, except that any action or proceeding to
recover hereunder on account of any judgment against the Insured in any suit mentioned
in General Agreement E., or to recover attorney’s fees paid in any such suit, will
be brought within 24 months from the date upon which the judgment and such suit will
become final. |
| 5. | If
any limitation embodied in this bond is prohibited by any law controlling the construction
hereof, such limitation will be deemed to be amended so as to equal the minimum period
of limitation provided by such law. |
| 6. | This
bond is for the use and benefit only of the Insured, and the Company will not be liable
hereunder for loss sustained by anyone other than the Insured. No suit, action or legal
proceedings will be brought hereunder by anyone other than the Insured. |
Any
loss of Money, or loss payable in Money, will be paid, at the option of the Insured, in the Money of the
country in which the loss was sustained or in the U.S. dollar equivalent thereof determined at the rate of exchange at the time
of payment of such loss.
The
Company will settle in kind its liability under this bond on account of a loss of any securities or, at the option of the Insured,
will pay to the Insured the cost of replacing such securities, determined by their highest quoted market value at any time between
the business day next preceding the discovery of the loss and the day that the loss is settled. In case of a loss of subscription,
conversion or redemption privileges through the misplacement or loss of securities, the amount of such loss will be the value
of such privileges immediately preceding the expiration thereof. If such securities cannot be replaced or have no quoted market
value, or if such privileges have no quoted market value, their value will be determined by agreement or, at the option of the
Insured, arbitration.
If
the applicable coverage of this bond is subject to a Single Loss Deductible Amount or is not sufficient in amount to indemnify
the Insured in full for the loss of securities for which claim is made hereunder, the liability of the Company under this bond
is limited to the payment for, or the duplication of, so much of such securities as has a value equal to the amount of such applicable
coverage.
If,
at the instance of the Company, the Insured or any customer of the Insured becomes principal upon any bonds, or gives any undertakings,
required as a prerequisite to the reissuing or duplicating of any securities for the loss of which the Company is liable under
this bond, the Company will become surety upon such bonds or undertakings without premium charge and will indemnify the Insured
or such customer against any loss that the Insured or such customer may sustain by reason of having become principal upon any
such bonds or having given any such undertakings. The amount of indemnity under this paragraph will not exceed the amount stated
in ITEM 4 of the Declarations for the applicable Insuring Agreement.
| 3. | Books
of Account and Other Records |
In
case of loss of, or damage to, any books of account or other records used by the Insured in its business, the Company will be
liable under this bond only if such books or records are actually reproduced and then for not more than the cost of the blank
books, blank pages or other materials plus the cost of labor for the actual transcription or copying of data that have been furnished
by the Insured in order to reproduce such books and other records.
| IVBB-16001 Ed. 01-16 | Page 21 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
| 4. | Property
other than Money, Securities, Books of Account or Other Records |
In
case of loss of, or damage to, any Property other than Money, securities, books of account or other records, except
damage covered under Insuring Agreement B.2. or B.3., the Company will not be liable for more than the actual cash value of such
Property. The Company may, at its election, pay the actual cash value of, repair or replace such Property.
With
respect to damage of Property covered under Insuring Agreement B.2., the Company will be liable for the full cost of repair
or replacement of such Property, without deduction for depreciation.
Disagreement
between the Company and the Insured as to the cash value, replacement value or as to the adequacy of repair or replacement will
be resolved by agreement or, at the option of the Insured, arbitration.
In
the event of payment under this bond, the Insured or Investment Adviser will deliver, if so requested by the Company, an
assignment of such of the Insured’s rights, title and interest and causes of action as it has against any person or entity
to the extent of the loss payment.
In
the event of payment under this bond, the Company will be subrogated to all of the Insured’s rights of recovery therefor
against any person or entity to the extent of such payment. If the rules of a Depository provide that the Insured will
be assessed for a portion of any judgment (or agreed settlement) taken by the Company based upon the assignment set forth in Condition
J. above and the Insured actually pays such assessment, the Company will reimburse the Insured for the amount of the assessment.
However, such reimbursement will not exceed the amount of the loss payment by the Company.
| 1. | All
recoveries, whether effected by the Company or by the Insured will be applied, after
first deducting the costs and expenses incurred in obtaining such recovery, in the following
order of priority: |
| a. | first,
to the Insured to reimburse the Insured for loss sustained that would have been paid
under this bond but for the fact that such loss is in excess of the Single Loss Limit
of Insurance, provided however, such loss does not include claim expense payments made
by the Insured in excess of the Single Loss Limit of Insurance of Insuring Agreement
G and such payments will not be deemed excess for purposes of establishing order of priority; |
| b. | second,
to the Company in satisfaction of amounts paid or to be paid to the Insured in settlement
of the Insured’s claim; |
| c. | third,
to the Insured in satisfaction of any Single Loss Deductible Amount; and |
| d. | fourth,
to the Insured in satisfaction of any loss not covered under this bond. |
| 2. | Recovery
on account of loss of securities as set forth in Condition I.2., or recovery from reinsurance
or indemnity of the Company, will not be deemed a recovery as used herein. |
In
determining the amount of any loss covered under this bond, all Money received by the Insured from any source whatsoever
in connection with any matter from which a loss has arisen, including payments and receipts of principal, interest, dividends,
commission, and the like, received prior to a loss settlement under this bond, will be deducted from the amount actually paid
out, advanced, withdrawn, taken or otherwise lost or stolen. The value of all property received by the Insured from any source
whatever and whenever received, in connection with any matter from which a loss has arisen, will be valued as of the date received
and will likewise be deducted from the claimed loss.
| IVBB-16001 Ed. 01-16 | Page 22 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
Upon
the Company’s request, and at reasonable times and places designated by the Company, the Insured will:
| 1. | submit
to examination by the Company and subscribe to the same under oath; |
| 2. | produce
for the Company’s examination all pertinent records; and |
| 3. | cooperate
with the Company in all matters pertaining to the loss. |
The
Insured will execute all papers and render assistance to secure to the Company the rights and causes of action provided for herein.
The
Insured will do nothing after discovery of loss to prejudice such rights or causes of action and must do everything reasonably
necessary to secure those rights and causes of action.
If
any Insuring Agreement requires that an enumerated type of document be altered or Counterfeit, or contain a signature that
is a Forgery, or that it be obtained through trick, artifice, fraud or false pretenses, the alteration, Counterfeit,
or signature must be on or of the enumerated document itself, not on or of some other document submitted with, accompanying, or
incorporated by reference into, the enumerated document.
| O. | LIMIT
OF INSURANCE UNDER THIS BOND AND PRIOR INSURANCE |
With
respect to any Single Loss that is recoverable or recovered in whole or in part under any other bonds or policies issued
by the Company to the Insured or to any predecessor in interest of the Insured and canceled or terminated or allowed to expire
and in which the period for discovery has not expired at the time any such loss thereunder is discovered, the total liability
of the Company under this bond and under such other bonds or policies will not exceed, in the aggregate, the amount carried hereunder
on such loss or the amount available to the Insured under such other bonds or policies, as limited by the terms and conditions
thereof, for any such loss if the latter amount be the larger.
If
the coverage of this bond supersedes in whole or in part the coverage of any other bond or policy of insurance issued by an insurer
other than the Company and canceled, terminated or allowed to expire, the Company, with respect to any loss sustained prior to
such cancelation, termination or expiration and discovered within the period permitted under such other bond or policy for the
discovery of loss thereunder, will be liable under this bond only for that part of such loss covered by this bond as is in excess
of the amount recoverable or recovered on account of such loss under such other bond or policy, anything to the contrary in such
other bond or policy notwithstanding.
| P. | OTHER
INSURANCE OR INDEMNITY |
Coverage
afforded hereunder applies only as excess over any valid and collectible insurance or indemnity obtained by:
| 2. | anyone
other than the Insured; |
| 3. | a
Transportation
Company; |
| 4. | another
entity on whose premises the loss occurred or that employed the person causing the loss;
or |
| 5. | the
messenger conveying the Property involved. |
| IVBB-16001 Ed. 01-16 | Page 23 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
This
bond applies to loss of Property:
| 1. | that
is owned by the Insured; |
| 2. | that
is held by the Insured in any capacity; or |
| 3. | for
which the Insured is responsible, |
prior
to or at the time of the occurrence of the loss. This bond is for the sole use and benefit of the Insured.
| R. | CANCELATION,
TERMINATION, CHANGE, OR MODIFICATION |
| a. | This
bond is canceled in its entirety immediately upon receipt by the Company of a Written
notice from the Insured or an Investment Adviser of its desire to cancel this
bond, provided the Insured or Investment Adviser has provided at least 60 days’
advance Written notice to the U.S. Securities and Exchange Commission (SEC). The
Company will notify all other Insureds of the receipt of such a cancelation request from
the Insured or Investment Adviser, however the cancelation will not be effective
until 60 days after receipt of Written notice by all other Insureds. |
| b. | This
bond is canceled in its entirety 60 days after the receipt by each Insured and the SEC,
of a Written notice from the Company of its desire to cancel this bond. |
| c. | Coverage
is canceled as to any Employee, or as to any partner, officer, or employee of
any Electronic Data Processor 60 days after the receipt by the Insured and the
SEC, of a written notice from the Company of its desire to cancel coverage under this
bond as to such person. |
| a. | This
bond terminates in its entirety immediately upon the Expiration Date set forth in ITEM
2 of the Declarations. |
| b. | This
bond terminates as to any Insured: |
| (1) | immediately
upon the surrender of such Insured’s charter to any governmental authority; or |
| (2) | immediately
upon the taking over of such Insured by a receiver or other liquidator or by any State
or Federal official, |
whichever
occurs first.
Termination
of the bond as to any Insured terminates liability for any loss sustained by such Insured that is discovered after the effective
date of such termination.
| c. | Coverage
terminates as to any Employee, or as to any partner, officer, or employee of any
Electronic Data Processor: |
| (1) | as
soon as any Director or Officer or Insured not in collusion with such person, learns
of any dishonest or fraudulent employment related act, including Larceny or Embezzlement;
or |
| (2) | 60
days after any director or officer of the Insured not in collusion with such person,
learns of any dishonest or fraudulent non-employment related act, including Larceny
or Embezzlement, that resulted in a loss of Property in excess of $25,000, |
| IVBB-16001 Ed. 01-16 | Page 24 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
either
of which were committed by such person at any time, whether in the employment of the Insured or otherwise, whether or not of the
type covered under Insuring Agreement A, against the Insured or any other person or entity, without prejudice to the loss of any
Property then in transit in the custody of such person.
However,
termination of coverage as to any Employee as set forth in c.(1) and c.(2) of the preceding paragraph, will not apply to
any such person provided the Insured has received and retains an original letter signed by a prior insurer reinstating coverage
for such individual for whom the Insured discovered had committed a dishonest or fraudulent act prior to the effective date of
this bond.
This
bond or any instrument amending or affecting this bond may not be changed or modified orally. No changes in or modification of
this bond will be effective unless made by Written endorsement issued to form a part of this bond and including the signature
of the Company’s Authorized Representative. When a bond covers only one Insured no change or modification that would adversely
affect the rights of the Insured will be effective prior to 60 days after Written notification has been furnished to the
SEC by the Insured, Investment Adviser or the Company. If more than one Insured is named under this bond, the Company will
give Written notice to each Insured and to the SEC not less than 60 days prior to the effective date of any change or modification
that would adversely affect the rights of such Insured.
At
any time prior to the cancelation or termination of this bond in its entirety, whether by the Insured, an Investment Adviser,
or the Company, the Insured or an Investment Adviser may give to the Company written notice that it desires under this
bond an additional period of 12 months within which to discover loss sustained by the Insured prior to the effective date of such
cancelation or termination and will pay an additional premium therefor.
Upon
receipt of such notice from the Insured or an Investment Adviser, the Company will give its written consent thereto; provided,
that such additional period of time terminates immediately:
| 1. | on
the effective date of any other insurance obtained by the Insured, its successor in business
or any other party, replacing in whole or in part the insurance afforded by this bond,
whether or not such other insurance provides coverage for loss sustained prior to its
effective date; or |
| 2. | upon
any takeover of the Insured’s business by any state or federal official or agency,
or by any receiver or liquidator acting or appointed for this purpose, |
whichever
occurs first, and without the necessity of the Company giving notice of such termination. In the event that such additional period
of time is terminated, as provided above, the Company will refund on a pro-rata basis, any unearned premium.
The
right to purchase such additional period for the discovery of loss may not be exercised by any state or federal official or agency,
or by any receiver or liquidator, acting or appointed to take over the Insured’s business for the operation or for the liquidation
thereof or for any other purpose.
The
Company’s total liability for any loss discovered during such additional period of time is part of, and not in addition
to, the Single Loss Limit of Insurance of the Bond Period that terminates immediately preceding the effective date of such
additional period.
The
titles of the various paragraphs of this bond and its endorsements are inserted solely for convenience or reference and are not
to be deemed in any way to limit, expand or affect the provision to which they relate.
| IVBB-16001 Ed. 01-16 | Page 25 of 25 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
THIS
ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. |
NAMED INSURED ENDORSEMENT
This
endorsement changes the following:
Investment
Company Bond
It
is agreed that:
The
following are added to ITEM 1 of the Declarations as Insureds:
Tributary
Short-Intermediate Bond Fund
Tributary Income Fund
Tributary Balanced Fund
Tributary Growth Opportunities Fund
Tributary Nebraska Tax-Free Fund
Tributary Small Company Fund
Tributary Small/Mid Fund
Nothing
herein contained shall be held to vary, alter, waive, or extend any of the terms, conditions, exclusions, or limitations of the
above-mentioned policy, except as expressly stated herein. This endorsement is part of such policy and incorporated therein.
Issuing
Company: Travelers Casualty and Surety Company of America
Policy Number: 107310693
| IVBB-19004
Ed. 01-16 | Page 1 of 1 |
| © 2016 The Travelers Indemnity Company. All rights reserved. | |
THIS
ENDORSEMENT CHANGES THE BOND. PLEASE READ IT CAREFULLY. |
AUTOMATIC
INCREASE IN INSURING AGREEMENT A.1. SINGLE LOSS LIMIT OF INSURANCE ENDORSEMENT
This
endorsement changes the following:
Investment
Company Bond
It
is agreed that:
The
following is added to section VI. CONDITIONS, E. SINGLE LOSS LIMIT OF INSURANCE:
Notwithstanding
the previous paragraph, if the Insured, while this bond is in force, requires an increase in the limit of Insuring Agreement A.1.
in order to comply with SEC Regulation 17g-1, as a result of:
| 1. | an
increase in assets under management by current Insureds under the bond, per the terms
of section III. GENERAL AGREEMENTS, A. ORGANIC GROWTH; or |
| 2. | an
increase in assets under management due to the addition of new investment companies per
the terms of section III. GENERAL AGREEMENTS, B. CONSOLIDATION – MERGER –
PURCHASE OR ACQUISTION OF ASSETS, |
the
Single Loss Limit of Insurance for Insuring Agreement A.1. will automatically be increased to comply with Regulation 17g-1 without
the payment of additional premium, for the remainder of the Bond Period.
Nothing
herein contained shall be held to vary, alter, waive, or extend any of the terms, conditions, exclusions, or limitations of the
above-mentioned bond, except as expressly stated herein. This endorsement is part of such bond and incorporated therein.
Issuing
Company: Travelers Casualty and Surety Company of America
Bond
Number: 107310693
| IVBB-19044
Ed. 05-18 | Page 1 of 1 |
| © 2018 The Travelers Indemnity Company. All rights reserved. | |
THIS
ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. |
REPLACE
GENERAL AGREEMENT A. ORGANIC GROWTH ENDORSEMENT
This
endorsement changes the following:
Investment
Company Bond
It
is agreed that:
The
following replaces section III. GENERAL AGREEMENTS, A. ORGANIC GROWTH:
If
an Insured or Investment Adviser, while this bond is in force, adds additional Employees or experiences an increase
in assets under management, other than by consolidation or merger with, or purchase or acquisition of the assets, assets under
management or liabilities of, another institution, such Employees or increased assets under management will automatically
be covered hereunder from the date of such addition without the requirement of notice to the Company or the payment of additional
premium for the remainder of the Policy Period as set forth in ITEM 2 of the Declarations.
Nothing
herein contained shall be held to vary, alter, waive, or extend any of the terms, conditions, exclusions, or limitations of the
above-mentioned policy, except as expressly stated herein. This endorsement is part of such policy and incorporated therein.
Issuing
Company: Travelers Casualty and Surety Company of America
Policy
Number: 107310693
| IVBB-19045
Ed. 03-19 | Page 1 of 1 |
| © 2019 The Travelers Indemnity Company. All rights reserved. | |
THIS
ENDORSEMENT CHANGES THE BOND. PLEASE READ IT CAREFULLY. |
GLOBAL
COVERAGE COMPLIANCE ENDORSEMENT
This
endorsement changes the following:
Investment
Company Bond
It
is agreed that:
| 1. | The
following is added to section IV. DEFINITIONS: |
Financial
Interest means the first named Insured’s insurable interest in an Insured that is domiciled in a country or jurisdiction
in which the Company is not licensed to provide this insurance, as a result of the first named Insured’s:
| 1. | ownership
of the majority of the outstanding securities or voting rights of the Insured representing
the present right to elect, appoint, or exercise a majority control over such Insured’s
board of directors, board of trustees, board of managers, natural person general partner,
or functional foreign equivalent; |
| 2. | indemnification
of, or representation that it has an obligation to indemnify, the Insured for loss sustained
by such Insured; or |
| 3. | election
or obligation to obtain insurance for such Insured. |
| 2. | The
following is added to section VI. CONDITIONS, M. COOPERATION: |
In
the event the Company indemnifies the first named Insured on account of its Financial Interest in an Insured, as a condition
precedent to exercising rights under this bond, the first named Insured will cause such Insured to comply with the conditions
of this bond.
| 3. | The
following are added to section VI. CONDITIONS: |
TERRITORY
COVERED
| 1. | This
bond does not apply to: |
| a. | loss
sustained by an Insured domiciled; or |
| b. | loss
of or damage to property located, |
in
any country or jurisdiction in which the Company is not licensed to provide this insurance, to the extent that providing this
insurance would violate the laws or regulations of such country or jurisdiction.
| 2. | In
the event an Insured sustains loss referenced in a. above to which this bond would have
applied, the Company will reimburse the first named Insured for its loss, on account
of its Financial Interest in such Insured. |
SANCTIONS
This
bond will provide coverage, or otherwise will provide any benefit, only to the extent that providing such coverage or benefit
does not expose the Company or any of its affiliated or parent companies to any trade or economic sanction under any law or regulation
of the United States of America or any other applicable trade or economic sanction, prohibition or restriction.
Nothing
herein contained shall be held to vary, alter, waive, or extend any of the terms, conditions, exclusions, or limitations of the
above-mentioned bond, except as expressly stated herein. This endorsement is part of such bond and incorporated therein.
Issuing
Company: Travelers Casualty and Surety Company of America
Bond Number: 107310693
| IVBB-19038 Ed. 04-22 | Page 1 of 1 |
| © 2022 The Travelers Indemnity Company. All rights reserved. | |
TRIBUTARY
FUNDS, INC.
("Funds")
Statement
Pursuant to Rule 17g-1(g)
I
hereby certify that the following resolutions were duly adopted by the Board of Directors of the Funds on August 19, 2026, by
a majority of the Board of Directors of the Funds, including the members who are not "interested persons" (as defined
by the Investment Company Act of 1940, as amended).
RESOLVED,
that, after due consideration of all relevant factors, including but not limited to the value of the aggregate assets of the Funds
to which any covered person may have access, the type and terms of the arrangements made for custody and safekeeping of such assets,
and the nature of the securities in the Funds’ portfolio, the fidelity bond issued by Travelers Insurance Company in the
amount of $1,500,000 is determined to be reasonable and is hereby approved;
FURTHER
RESOLVED, that the officers of the Funds be, and each hereby is, authorized, empowered and directed to increase or decrease the
amount of the fidelity bond at any time and from time to time as they may deem necessary or appropriate to comply with Rule 17g-1
under the Investment Company Act of 1940, as amended (the “1940 Act”), such determination to be conclusively evidenced
by such acts;
FURTHER
RESOLVED, that the proper officers of the Funds are authorized to pay the Funds’ premium that is payable with respect to
such bond; and
FURTHER
RESOLVED, that the Secretary of the Funds shall be the designated officer of the Funds under Rule 17g-1(h) under the 1940 Act,
who shall make the filings and give notices required by paragraph (g) of the same rule.
Premiums
have been paid for the period from 12:01 a.m. on October 1, 2026 to 12:01 a.m. on October 1, 2027.
Lindsey
Dorval
Secretary
Dated:
September 11, 2026