|
FINANCIAL
INSTITUTION BOND |
STATE
FRAUD STATEMENT
PENNSYLVANIA
Any
person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement
of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material
thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
AXIS
104 0415 |
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FINANCIAL
INSTITUTION BOND |
POLICYHOLDER
NOTICE
ECONOMIC
AND TRADE SANCTIONS
This
Notice provides information concerning possible impact on your insurance coverage due to directives issued by the Office of Foreign Assets
Control (OFAC).
THE
OFFICE OF FOREIGN ASSETS CONTROL (OFAC) OF THE US DEPARTMENT OF THE TREASURY ADMINISTERS AND ENFORCES ECONOMIC AND TRADE
SANCTIONS BASED ON US FOREIGN POLICY AND NATIONAL SECURITY GOALS AGAINST TARGETED FOREIGN COUNTRIES AND REGIMES, TERRORISTS, INTERNATIONAL
NARCOTICS TRAFFICKERS, THOSE ENGAGED IN ACTIVITIES RELATED TO THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION, AND OTHER THREATS TO
THE NATIONAL SECURITY, FOREIGN POLICY OR ECONOMY OF THE UNITED STATES.
WHENEVER
COVERAGE PROVIDED BY THIS POLICY WOULD BE IN VIOLATION OF ANY U.S. ECONOMIC OR TRADE SANCTIONS, SUCH COVERAGE SHALL BE NULL AND VOID.
FOR
MORE INFORMATION, PLEASE REFER TO:
HTTPS://WWW.TREASURY.GOV/RESOURCE-CENTER/SANCTIONS/PAGES/DEFAULT.ASPX
AXIS
906 0316 |
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FINANCIAL INSTITUTION BOND
Standard Form No. 14, Revised to October, 1987
Bond
No. P-001-000917083-03
AXIS
Insurance Company (admitted)
233 South Wacker Drive, Suite 4930, Chicago, IL 60606
(866) 259-5435
A Stock Insurer
(Herein called Underwriter)
DECLARATIONS
Item 1. |
Name
of Insured (herein called Insured): |
Thor Financial Technologies
Trust |
|
|
|
|
Principal
Address: |
327
W. Pittsburgh Street |
|
|
Greensburg,
PA 15601 |
Item
2. |
Bond
Period: from 12:01 a.m. on |
09/01/2024 |
to
12:01 a.m. on |
09/01/2025 |
|
|
(MONTH,
DAY, YEAR) |
|
(MONTH,
DAY, YEAR) |
|
|
|
|
|
Item 3. |
The
Aggregate Limit of Liability of the Underwriter during the Bond Period shall be N/A |
|
|
Item
4. |
Subject
to Sections 4 and 11 hereof, |
the
Single Loss Limit of Liability is $525,000
and
the Single Loss Deductible is $0
Provided,
however, that if any amounts are inserted below opposite specified Insuring Agreements or Coverages, those amounts shall be controlling.
Any amount set forth below shall be part of and not in addition to amounts set forth above. (If an Insuring Agreement or Coverage is
to be deleted, insert Not Covered.)
|
Amount
applicable to: |
Single
Loss
Limit of Liability |
Single
Loss
Deductible |
|
Insuring
Agreement (A) – FIDELITY |
$525,000 |
$0 |
|
Insuring
Agreement (B) – ON PREMISES |
$525,000 |
$25,000 |
|
Insuring
Agreement (C) – IN TRANSIT |
$525,000 |
$25,000 |
|
Insuring
Agreement (D) – FORGERY OR ALTERATION |
$525,000 |
$25,000 |
|
Insuring
Agreement (E) – SECURITIES |
$525,000 |
$25,000 |
|
Insuring
Agreement (F) – COUNTERFEIT CURRENCY |
$525,000 |
$25,000 |
|
Coverage
on Partners |
Not
Covered |
|
|
|
|
|
|
Optional
Insuring Agreements and Coverages: |
|
|
|
Audit
Expense |
$10,000 |
$2,500 |
|
Claim
Expense |
$10,000 |
$2,500 |
|
Computer
Systems Fraud |
$525,000 |
$25,000 |
|
Customer
Funds Transfer Fraud |
$525,000 |
$25,000 |
|
Facsimile
Signature |
$525,000 |
$25,000 |
|
Stop
Payment Order Liability |
$100,000 |
$10,000 |
|
Unauthorized
Signatures |
$100,000 |
$25,000 |
|
Uncollectible
Items of Deposit |
$100,000 |
$10,000 |
If
Not Covered is inserted above opposite any specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage
and any other reference thereto in this bond shall be deemed to be deleted therefrom.
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5062b 1087 |
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The Surety Association of America, 1987 |
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Item 5. | The
liability of the Underwriter is subject to the terms of the following riders attached hereto. All of the terms and conditions
of this bond apply to such riders except to the extent the rider explicitly provides otherwise. |
State Fraud Statement |
AXIS
104 0415 |
Policyholder Notice - Economic And Trade Sanctions |
AXIS
906 0316 |
Financial Institution Bond (Standard Form No. 14) |
TSB
5062b 1087 |
Signature Page |
AXIS
102AIC 0615 |
1 |
Audit
Expense Insuring Agreement Rider |
AXIS
1012153 0119 |
2 |
Claim
Expense Insuring Agreement Rider |
AXIS
1012155 0119 |
3 |
Amend
Racketeering Exclusion Rider |
AXIS
1012161 0119 |
4 |
Amend
Fidelity Insuring to Include Larceny and Embezzlement |
AXIS
1012168 0119 |
|
Agreement
Rider |
|
5 |
Amend
Valuation Rider |
AXIS
1012170 0119 |
6 |
Amend
Counterfeit Currency or Money Insuring Agreement Rider |
AXIS
1012171 0119 |
7 |
Governmental
or Regulatory Authority Notification Rider |
AXIS
1012175 0119 |
8 |
Unauthorized
Signatures Insuring Agreement Rider |
AXIS
1012176 0622 |
9 |
Protected
Information Exclusion Rider |
AXIS
1012180 0119 |
10 |
Notice
of Loss by E-Mail Rider |
AXIS
1012189 0119 |
11 |
Change
of Ownership or Control Notice Rider |
AXIS
1012191 0119 |
12 |
Customer
Funds Transfer Fraud Insuring Agreement with Call Back for Transfers in Excess of the Deductible Rider |
AXIS
1012198 0322 |
13 |
Amend
Ownership or Covered Property Condition Rider |
AXIS
1012199 0119 |
14 |
Stop
Payment Order Liability Insuring Agreement Rider |
AXIS
1012200 0119 |
15 |
Uncollectible
Items of Deposit Insuring Agreement Rider |
AXIS
1012202 0722 |
16 |
Amend
Definition of Employee to Include Affiliated Persons Rider |
AXIS
1012203 0119 |
17 |
Investment
Company No Deductible Rider |
AXIS
1012214 0119 |
18 |
Computer
Systems Fraud Insuring Agreement Rider |
AXIS
1012861 0221 |
19 |
Amend
Exclusion (M) Rider |
AXIS
1012869 0421 |
20 |
Non-Fungible Tokens Exclusion Rider |
AXIS 1012870 0622 |
21 |
Insuring
Agreement (G) Rider |
SR
5907a 1188 |
22 |
Pennsylvania
Notice |
SR61
17 0181 |
23 |
Cryptocurrency
Exclusion Rider |
SR
6343 0321 |
24 |
AUTOMATIC
COVERAGE FOR NEW INVESTMENT FUNDS |
AXIS
1012211 0721 |
|
RIDER |
|
25 |
AUTOMATIC
INCREASE IN LIMITS FOR INVESTMENT FUNDS |
AXIS
1012210 0721 |
|
RIDER |
|
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The Surety Association of America, 1987 |
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The
Underwriter, in consideration of an agreed premium, and in reliance upon all statements made and information furnished to the Underwriter
by the Insured in applying for this bond, and subject to the Declarations, Insuring Agreements, General Agreements, Conditions and Limitations
and other terms hereof, agrees to indemnify the Insured for:
INSURING
AGREEMENTS
FIDELITY
(A)
Loss resulting directly from dishonest or fraudulent acts committed by an Employee acting alone or in collusion with others.
Such
dishonest or fraudulent acts must be committed by the Employee with the manifest intent:
| (a) | to
cause the Insured to sustain such loss; and |
| (b) | to
obtain financial benefit for the Employee and which, in fact, result in obtaining such benefit. |
As
used in this Insuring Agreement, financial benefit does not include any employee benefits earned in the normal course of employment,
including salaries, commissions, fees, bonuses, promotions, awards, profit sharing or pensions.
ON
PREMISES
(B) (1) Loss of Property resulting directly from
| (a) | robbery,
burglary, misplacement, mysterious unexplainable disappearance and damage thereto or destruction
thereof, or |
| (b) | theft,
false pretenses, common-law or statutory larceny, committed by a person present in an office
or on the premises of the Insured, |
while
the Property is lodged or deposited within offices or premises located anywhere.
(2) Loss
of or damage to
| (a) | furnishings,
fixtures, supplies or equipment within an office of the Insured covered under this bond resulting
directly from larceny or theft in, or by burglary or robbery of, such office, or attempt
thereat, or by vandalism or malicious mischief, or |
| (b) | such
office resulting from larceny or theft in, or by burglary or robbery of such office or attempt
thereat, or to the interior of such office by vandalism or malicious mischief. |
provided
that
| (i) | the
Insured is the owner of such furnishings, fixtures, supplies, equipment, or office or is
liable for such loss or damage, and |
| (ii) | the
loss is not caused by fire. |
IN
TRANSIT
(C)
Loss of Property resulting directly from robbery, common-law or statutory larceny, theft, misplacement, mysterious unexplainable disappearance,
being lost or made away with, and damage thereto or destruction thereof, while the Property is in transit anywhere in the custody of
| (a) | a
natural person acting as a messenger of the Insured (or another natural person acting as
messenger or custodian during an emergency arising from the incapacity of the original messenger),
or |
| (b) | a
Transportation Company and being transported in an armored motor vehicle, or |
| (c) | a
Transportation Company and being transported in a conveyance other than an armored motor
vehicle provided that covered Property transported in such manner is limited to the following: |
| (i) | records,
whether recorded in writing or electronically, and |
| (ii) | Certified
Securities issued in registered form and not endorsed, or with restrictive endorsements,
and |
| (iii) | Negotiable Instruments not payable to bearer, or not endorsed, or with restrictive endorsements. |
Coverage
under this Insuring Agreement begins immediately upon the receipt of such Property by the natural person or Transportation Company and
ends immediately upon delivery to the designated recipient or its agent.
FORGERY
OR ALTERATION
(D)
Loss resulting directly from
(1) Forgery
or alteration of, on or in any Negotiable Instrument (except an Evidence of Debt), Acceptance, Withdrawal Order, receipt for the withdrawal
of Property, Certificate of Deposit or Letter of Credit.
(2) transferring,
paying or delivering any funds or Property or establishing any credit or giving any value on the faith of any written instructions or
advices directed to the Insured and authorizing or acknowledging the transfer, payment, delivery or receipt of funds or Property, which
instructions or advices purport to have been signed or endorsed by any customer of the Insured or by any financial institution but which
instructions or advices either bear a signature which is a Forgery or have been altered without the knowledge and consent of such customer
or financial institution.
A
mechanically reproduced facsimile signature is treated the same as a handwritten signature.
SECURITIES
(E)
Loss resulting directly from the insured having, in good faith, for its own account or for the account of others
(1)
acquired, sold or delivered, or given value, extended credit or assumed liability, on the faith of, any original
| (a) | Certificated
Security, |
| (b) | deed,
mortgage or other instrument conveying title to, or creating or discharging a lien upon,
real property, |
| (d) | Instruction
to a Federal Reserve Bank of the United States, or |
| (e) | Statement
of Uncertificated Security of any Federal Reserve Bank of the United States |
which
| (i) | bears
a signature of any maker, drawer, issuer, endorser, assignor, lessee, transfer agent, registrar,
acceptor, surety, guarantor, or of any person signing in any other capacity which is a Forgery,
or |
(2)
guaranteed in writing or witnessed any signature upon any transfer, assignment, bill of sale, power of attorney, Guarantee, or any items
listed in (a) through (c) above.
(3)
acquired, sold or delivered, or given value, extended credit or assumed liability, on the faith of any item listed in (a) and (b) above
which is a Counterfeit.
A
mechanically reproduced facsimile signature is treated the same as a handwritten signature.
COUNTERFEIT
CURRENCY
(F)
Loss resulting directly from the receipt by the Insured, in good faith, of any Counterfeit Money of the United States of America, Canada
or of any other country in which the Insured maintains a branch office.
GENERAL
AGREEMENTS
NOMINEES
A. Loss
sustained by any nominee organized by the Insured for the purpose of handling certain of its business transactions and composed exclusively
of its Employees shall, for all the purposes of this bond and whether or not any partner of such nominee is implicated in such loss,
be deemed to be loss sustained by the Insured.
ADDITIONAL
OFFICES OR EMPLOYEES—CONSOLIDATION, MERGER OR PURCHASE OF ASSETS—NOTICE
B. If
the Insured shall, while this bond is in force, establish any additional offices, other than by consolidation or merger with, or purchase
or acquisition of assets or liabilities of, another institution such offices shall be automatically covered hereunder from the date of
such establishment without the requirement of notice to the Underwriter or the payment of additional premium for the remainder of the
premium period.
If
the Insured shall, while this bond is in force, consolidate or merge with, or purchase or acquire assets or liabilities of, another institution,
the Insured shall not have such coverage as is afforded under this bond for loss which
| (a) | has
occurred or will occur in offices or premises, or |
| (b) | has
been caused or will be caused by an employee or employees of such institution, or |
| (c) | has
arisen or will arise out of the assets or liabilities |
acquired
by the Insured as a result of such consolidation, merger or purchase or acquisition of assets or liabilities unless the Insured
shall
| (i) | give
the Underwriter written notice of the proposed consolidation, merger or purchase or acquisition
of assets or liabilities prior to the proposed effective date of such action and |
| (ii) | obtain
the written consent of the Underwriter to extend the coverage provided by this bond to such
additional offices or premises, Employees and other exposures, and |
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5062b 1087 |
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(iii)
upon obtaining such consent, pay to the Underwriter an additional premium.
CHANGE
OF CONTROL—NOTICE
C. When
the Insured learns of a change in control, it shall give written notice to the Underwriter.
As
used in this General Agreement, control means the power to determine the management or policy of a controlling holding company or the
Insured by virtue of voting stock ownership. A change in ownership of voting stock which results in direct or indirect ownership by a
stockholder or an affiliated group of stockholders of ten percent (10%) or more of such stock shall be presumed to result in a change
of control for the purpose of the required notice.
Failure
to give the required notice shall result in termination of coverage for any loss involving a transferee, to be effective upon the date
of the stock transfer.
REPRESENTATION
OF INSURED
D. The
Insured represents that the information furnished in the application for this bond is complete, true and correct. Such application constitutes
part of this bond.
Any
misrepresentation, omission, concealment or incorrect statement of a material fact, in the application or otherwise, shall be grounds
for the rescission of this bond.
JOINT
INSURED
E. If
two or more Insureds are covered under this bond, the first named Insured shall act for all Insureds. Payment by the Underwriter to the
first named Insured of loss sustained by any Insured shall fully release the Underwriter on account of such loss. If the first named
Insured ceases to be covered under this bond, the Insured next named shall thereafter be considered as the first named Insured. Knowledge
possessed or discovery made by any Insured shall constitute knowledge or discovery by all Insureds for all purposes of this bond. The
liability of the Underwriter for loss or losses sustained by all Insureds shall not exceed the amount for which the Underwriter would
have been liable had all such loss or losses been sustained by one Insured.
NOTICE
OF LEGAL PROCEEDINGS AGAINST INSURED—ELECTION TO DEFEND
F. The
Insured shall notify the Underwriter at the earliest practicable moment, not to exceed 30 days after notice thereof, of any legal proceeding
brought to determine the Insureds liability for any loss, claim or damage, which, if established, would constitute a collectible
loss under this bond. Concurrently, the Insured shall furnish copies of all pleadings and pertinent papers to the Underwriter.
The
Underwriter, at its sole option, may elect to conduct the defense of such legal proceeding, in whole or in part. The defense by the Underwriter
shall be in the Insureds name through attorneys selected by the Underwriter. The Insured shall provide all reasonable information
and assistance required by the Underwriter for such defense.
If
the Underwriter elects to defend the Insured, in whole or in part, any judgment against the Insured on those counts or causes of action
which the Underwriter defended on behalf of the Insured or any settlement in which the Underwriter participates and all attorneys
fees, costs and expenses incurred by the Underwriter in the defense of the litigation shall be a loss covered by this bond.
If
the Insured does not give the notices required in subsection (a) of Section 5 of this bond and in the first paragraph of this General
Agreement, or if the Underwriter elects not to defend any causes of action, neither a judgment against the Insured, nor a settlement
of any legal proceeding by the Insured, shall determine the existence, extent or amount of coverage under this bond for loss sustained
by the Insured, and the Underwriter shall not be liable for any attorneys fees, costs and expenses incurred by the Insured.
With
respect to this General Agreement, subsections (b) and (d) of Section 5 of this bond apply upon the entry of such judgment or the occurrence
of such settlement instead of upon discovery of loss. In addition, the Insured must notify the Underwriter within 30 days after such
judgment is entered against it or after the Insured settles such legal proceeding, and, subject to subsection (e) of Section 5, the Insured
may not bring legal proceedings for the recovery of such loss after the expiration of 24 months from the date of such final judgment
or settlement.
CONDITIONS
AND LIMITATIONS
DEFINITIONS
Section
1. As used in this bond:
(a)
Acceptance means a draft which the drawee has, by signature written thereon, engaged to honor as presented.
(b) Certificate of Deposit means an acknowledgment in writing by a financial institution of receipt of Money with an engagement to repay
it.
(c) Certificated Security means a share, participation or other interest in property of or an enterprise of the issuer or an obligation of
the issuer, which is:
| (1) | represented
by an 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. |
(d)
Counterfeit means an imitation of an actual valid original which is intended to deceive and to be taken as the original.
(e)
Employee means
| (1) | a
natural person in the service of the Insured at any of the Insureds offices or premises
covered hereunder whom the Insured compensates directly by salary or commissions and whom
the Insured has the right to direct and control while performing services for the Insured; |
| (2) | an
attorney retained by the Insured and an employee of such attorney while either is performing
legal services for the Insured; |
| (3) | a
person provided by an employment contractor to perform employee duties for the Insured under
the Insureds supervision at any of the Insureds offices or premises covered
hereunder, and a guest student pursuing studies or duties in any of said offices or premises; |
| (4) | an
employee of an institution merged or consolidated with the Insured prior to the effective
date of this bond; |
| (5) | each
natural person, partnership or corporation authorized by the Insured to perform services
as data processor of checks or other accounting records of the Insured (not including preparation
or modification of computer software or programs), herein called Processor. (Each such Processor,
and the partners, officers and employees of such Processor shall, collectively, be deemed
to be one Employee for all the |
purposes
of this bond, excepting, however, the second paragraph of Section 12. A Federal Reserve Bank or clearing house shall not be construed
to be a processor.); and
| (6) | a
Partner of the Insured, unless not covered as stated in Item 4 of the Declarations. |
(f) Evidence
of Debt means an instrument, including a Negotiable Instrument, executed by a customer of the Insured and held by the Insured which in
the regular course of business is treated as evidencing the customers debt to the Insured.
(g) Financial
Interest in the Insured of the Insureds general partner(s), or limited partner(s), committing dishonest or fraudulent acts covered
by this bond or concerned or implicated therein means:
(1)
as respects general partner(s) the value of all right, title and interest of such general partner(s), determined as of the close of business
on the date of discovery of loss covered by this bond, in the aggregate of:
| (a) | the
net worth of the Insured, which for the purposes of this bond, shall be deemed
to be the excess of its total assets over its total liabilities, without adjustment to give
effect to loss covered by this bond, (except that credit balances and equities in proprietary
accounts of the Insured, which shall include capital accounts of partners, investment and
trading accounts of the Insured, participations of the Insured in joint accounts, and accounts
of partners which are covered by agreements providing for the inclusion of equities therein
as partnership property, shall not be considered as liabilities) with securities, spot commodities,
commodity future contracts in such proprietary accounts and all other assets marked to market
or fair value and with adjustment for profits and losses at the market of contractual commitments
for such proprietary accounts of the Insured; and |
| (b) | the
value of all other Money, securities and property belonging to such general partner(s), or
in which such general partner(s) have a pecuniary interest, held by or in the custody of
and legally available to the Insured as setoff against loss covered by this bond; |
provided,
however, that if such net worth adjusted to give effect to loss covered by this bond and such value of all other Money,
securities and property as set forth in (g)(1)(b) preceding, plus the amount of coverage afforded by this bond on account of such loss,
is not sufficient to enable the Insured
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5062b 1087 |
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to
meet its obligations, including its obligations to its partners other than to such general partner(s), then the Financial Interest in
the Insured, as above defined, of such general partner(s) shall be reduced in an amount necessary, or eliminated if need be, in order
to enable the Insured upon payment of loss under this bond to meet such obligations, to the extent that such payment will enable the
Insured to meet such obligations, without any benefit accruing to such general partner(s) from such payment; and
(2)
as respects limited partners the value of such limited partners() investment in the Insured.
(h)
Forgery means the signing of the name of another person or organization with intent to deceive; it does not mean a signature which consists
in whole or in part of ones own name signed with or without authority, in any capacity, for any purpose.
(i) 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.
(j) 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.
(k) Letter
of Credit means an engagement in writing by a bank or other person made at the request of a customer that the bank or other person will
honor drafts or other demands for payment upon compliance with the conditions specified in the Letter of Credit.
(l) Money
means a medium of exchange in current use authorized or adopted by a domestic or foreign government as a part of its currency.
(m)
Negotiable Instrument means any writing
| (1) | signed
by the maker or drawer; and |
| (2) | containing
any 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; and |
| (3) | is
payable on demand or at a definite time; and |
| (4) | is
payable to order or bearer. |
(n)
Partner means a natural person who
| (1) | is
a general partner of the Insured, or |
| (2) | is
a limited partner and an Employee (as defined in Section 1(e)(1) of the bond) of the Insured. |
(o) Property means Money, Certificated Securities, Uncertificated Securities of any Federal Reserve Bank of the United States,
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 recorded in
writing or electronically, gems, jewelry, precious metals of all kinds and in any form, and tangible items of personal property
which are not herein before enumerated.
(p)
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
or a statement that there are none of those liens, restrictions or adverse claims; and
(5)
the date:
| (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. |
(q) Transportation Company means any organization which provides its own or leased vehicles for transportation or which provides freight
forwarding or air express services.
(r) Uncertificated Security means a share, participation or other interest in property of or an enterprise of the issuer or an
obligation of the issuer, which is:
| (1) | not
represented by an instrument and the transfer of which is registered upon books maintained
for that purpose by or on behalf of the issuer; |
| (2) | of
a type commonly dealt in on securities exchanges or markets; and |
(3)
either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations.
(s)
Withdrawal Order means a non-negotiable instrument, other than an Instruction, signed by a customer of the Insured authorizing the Insured
to debit the customers account in the amount of funds stated therein.
EXCLUSIONS
Section
2. This bond does not cover:
(a) loss resulting directly or indirectly from forgery or alteration, except when covered under Insuring Agreements (A), (D), or (E);
(b) loss due to riot or civil commotion outside the United States of America and Canada; or loss due to military, naval or usurped power,
war or insurrection unless such loss occurs in transit in the circumstances recited in Insuring Agreement (C), and unless, when such
transit was initiated, there was no knowledge of such riot, civil commotion, military, naval or usurped power, war or insurrection on
the part of any person acting for the Insured in initiating such transit;
(c) loss
resulting directly or indirectly from the effects of nuclear fission or fusion or radioactivity; provided, however, that this paragraph
shall not apply to loss resulting from industrial uses of nuclear energy;
(d) loss resulting from any act or acts of any person who is a member of the Board of Directors of the Insured or a member of any
equivalent body by whatsoever name known unless such person is also an Employee or an elected official of the Insured in some other
capacity, nor, in any event, loss resulting from the act or acts of any person while acting in the capacity of a member of such
Board or equivalent body;
(e) loss resulting directly or indirectly from the complete or partial nonpayment 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 Agreements (A), (D) or (E);
(f) 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 which caused the said
loss involved fraudulent or dishonest conduct which would have caused a loss to the Insured in a similar amount in the absence of such
laws, rules or regulations; |
(g)
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, funds or Property of the Insured held by it in any capacity, except when covered under Insuring
Agreements (A) or (B)(1)(a);
(h)
loss caused by an Employee, except when covered under Insuring Agreement (A) or when covered under Insuring Agreement (B) or (C) and
resulting directly from misplacement, mysterious unexplainable disappearance or destruction of or damage to Property;
(i) loss
resulting directly or indirectly from transactions in a customers account, whether authorized or unauthorized, except the unlawful
withdrawal and conversion of Money, securities or precious metals, directly from a customers account by an Employee provided such
unlawful withdrawal and conversion is covered under Insuring Agreement (A);
(j) damages
resulting from any civil, criminal or other legal proceeding in which the Insured is alleged 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
which result directly in a loss to the Insured covered by Insuring Agreement (A). For the purposes of this exclusion, racketeering
activity is defined in 18 United States Code 1961 et seq., as amended;
(k)
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, or |
| (2) | in
gaining access to automated mechanical devices which, on behalf of the Insured, disburse
Money, accept deposits, cash checks, drafts or similar written instruments or make credit
card loans, or |
| (3) | in
gaining access to point of sale terminals, customer-bank communication terminals, or similar
electronic terminals of electronic funds transfer systems, |
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);
(l)
loss involving automated mechanical devices which, on behalf of the Insured, disburse Money, accept deposits, cash checks, drafts or
similar written instruments or make credit card loans, except when covered under Insuring Agreement (A);
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(m)
loss through the surrender of Property away from an office of the Insured as a result of a threat
| (1) | to
do bodily harm to any person, except loss of Property in transit in the custody of any person
acting as messenger provided that when such transit was initiated there was no knowledge
by the Insured of any such threat, or |
| (2) | to
do damage to the premises or property of the Insured, |
except when covered under Insuring Agreement (A);
(n) loss resulting directly or indirectly from payments made or withdrawals from a depositors or customers account involving
erroneous credits to such account, unless such payments or withdrawals are physically received by such depositor or customer or
representative of such depositor or customer who is within the office of the Insured at the time of such payment or withdrawal, or
except when covered under Insuring Agreement (A);
(o)
loss involving items of deposit which are not finally paid for any reason, including but not limited to Forgery or any other fraud, except
when covered under Insuring Agreement (A);
(p)
loss resulting directly or indirectly from counterfeiting, except when covered under Insuring Agreements (A), (E) or (F);
(q)
loss of any tangible item of personal property which is not specifically enumerated in the paragraph defining Property if such property
is specifically insured by other insurance of any kind and in any amount obtained by the Insured, and in any event, loss of such property
occurring more than 60 days after the Insured takes possession of such property, except when covered under Insuring Agreements (A) or
(B)(2);
(r) loss
of Property while
| (2) | in
the custody of any Transportation Company, unless covered under Insuring Agreement (C), |
except
when covered under Insuring Agreement (A);
(s)
potential income, including but not limited to interest and dividends, not realized by the Insured or by any customer of the Insured;
(t) damages of any type for which the Insured is legally liable, except compensatory damages, but not multiples thereof, arising
directly from a loss covered under this bond;
(u)
all fees, costs and expenses incurred by the Insured
| (1) | in
establishing the existence of or amount of loss covered under this bond, or |
| (2) | as
a party to any legal proceeding whether or not such legal proceeding exposes the Insured
to loss covered by this bond; |
(v) indirect or consequential loss of any nature;
(w) 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);
(x)
loss resulting directly or indirectly from any dishonest or fraudulent act or acts committed by any non-Employee who is a securities,
commodities, money, mortgage, real estate, loan, insurance, property management, investment banking broker, agent or other representative
of the same general character;
(y) loss caused directly or indirectly by a Partner of the Insured unless the amount of such loss exceeds
the Financial Interest in the Insured of such Partner and the Deductible Amount applicable to this bond, and then for the excess only;
(z)
loss resulting directly or indirectly from any actual or alleged representation, advice, warranty or guarantee as to the performance
of any investments;
(aa)
loss due to liability imposed upon the Insured as a result of the unlawful disclosure of non-public material information by the Insured
or any Employee, or as a result of any Employee acting upon such information, whether authorized or unauthorized.
DISCOVERY
Section
3. This bond applies to loss discovered by the Insured during the Bond Period. Discovery occurs when the Insured first becomes aware
of facts which 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 the Insured receives notice of an actual or potential claim in which it is alleged that the Insured is liable to a third
party under circumstances which, if true, would constitute a loss under this bond.
LIMIT
OF LIABILITY
Section
4.
Aggregate
Limit of Liability
The
Underwriters total liability for all losses discovered during the Bond Period shown in Item 2 of the Declarations shall not exceed
the Aggregate Limit of Liability shown in Item 3 of the Declarations. The Aggregate Limit of Liability shall be reduced by the amount
of any payment made under the terms of this bond.
Upon
exhaustion of the Aggregate Limit of Liability by such payments:
| (a) | The
Underwriter shall have no further liability for loss or losses regardless of when discovered
and whether or not previously reported to the Underwriter, and |
| (b) | The
Underwriter shall have no obligation under General Agreement F to continue the defense of
the Insured, and upon notice by the Underwriter to the Insured that the Aggregate Limit of
Liability has been exhausted, the Insured shall assume all responsibility for its defense
at its own cost. |
The
Aggregate Limit of Liability shall not be increased or reinstated by any recovery made and applied in accordance with subsections
(a), (b) and (c) of Section 7. In the event that a loss of Property is settled by the Underwriter through the use of a lost
instrument bond, such loss shall not reduce the Aggregate Limit of Liability.
Single
Loss Limit of Liability
Subject
to the Aggregate Limit of Liability, the Underwriters liability for each Single Loss shall not exceed the applicable Single Loss
Limit of Liability shown in Item 4 of the Declarations. If a Single Loss is covered under more than one Insuring Agreement or Coverage,
the maximum payable shall not exceed the largest applicable Single Loss Limit of Liability.
Single
Loss Defined
Single
Loss means all covered loss, including court costs and attorneys fees incurred by the Underwriter under General Agreement F, resulting
from
| (a) | any
one act or series of related acts of burglary, robbery or attempt thereat, in which no Employee
is implicated, or |
| (b) | 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, or |
| (c) | all
acts or omissions other than those specified in (a) and (b) preceding, caused by any person
(whether an Employee or not) or in which such person is implicated, or |
| (d) | any
one casualty or event not specified in (a), (b) or (c) preceding. |
NOTICE/PROOF—LEGAL
PROCEEDINGS
AGAINST UNDERWRITER
Section
5.
(a) At
the earliest practicable moment, not to exceed 30 days, after discovery of loss, the Insured shall give the Underwriter notice thereof.
(b) Within
6 months after such discovery, the Insured shall furnish to the Underwriter proof of loss, duly sworn to, with full particulars.
(c) Lost
Certificated Securities listed in a proof of loss shall be identified by certificate or bond numbers if such securities were issued therewith.
(d) Legal
proceedings for the recovery of any loss hereunder shall not be brought prior to the expiration of 60 days after the original proof of
loss is filed with the Underwriter or after the expiration of 24 months from the discovery of such loss.
(e) If
any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to
be amended so as to equal the minimum period of limitation provided by such law.
(f) This
bond affords coverage only in favor of the Insured. No suit, action or legal proceedings shall be brought hereunder by any one other
than the named Insured.
VALUATION
Section
6. Any loss of Money, or loss payable in Money, shall be paid, at the option of the Insured, in the Money of the country in which the
loss was sustained or in the United States of America dollar equivalent thereof determined at the rate of exchange at the time of payment
of such loss.
Securities
The
Underwriter shall settle in kind its liability under this bond on account of a loss of any securities or, at the option of the Insured,
shall pay to the Insured the cost of replacing such securities, determined by the market value thereof at the time of such settlement.
However, if prior to such settlement the Insured shall be compelled by the demands of a third party or by market rules to purchase equivalent
securities, and gives written notification of this to the Underwriter, the cost incurred by the Insured shall be taken as the value of
those securities. In case of a loss of subscription, conversion or redemption privileges through the misplacement or loss of securities,
the amount of such loss shall 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 shall be determined by agreement
or arbitration.
If
the applicable coverage of this bond is subject to a Deductible Amount and/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 Underwriter 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.
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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 Underwriter shall 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 which shall have been furnished by the Insured
in order to reproduce such books and other records.
Property
other than Money, Securities or Records
In
case of loss of, or damage to, any Property other than Money, securities, books of account or other records, or damage covered under
Insuring Agreement (B)(2), the Underwriter shall not be liable for more than the actual cash value of such Property, or of items covered
under Insuring Agreement (B)(2). The Underwriter may, at its election, pay the actual cash value of, replace or repair such property.
Disagreement between the Underwriter and the Insured as to the cash value or as to the adequacy of repair or replacement shall be resolved
by arbitration.
Set-Off
Any
loss covered under this bond shall be reduced by a set-off consisting of any amount owed to the Employee causing the loss if such loss
is covered under Insuring Agreement (A)
ASSIGNMENT—
SUBROGATION— RECOVERY— COOPERATION
Section
7.
(a) In the event of payment under this bond, the Insured shall deliver, if so requested by the Underwriter, an assignment of such of the
Insureds rights, title and interest and causes of action as it has against any person or entity to the extent of the loss
payment.
(b) In the event of payment under this bond, the Underwriter shall be subrogated to all of the Insureds rights of recovery therefor
against any person or entity to the extent of such payment.
(c)
Recoveries, whether effected by the Underwriter or by the Insured, shall be applied net of the expense of such recovery first to the
satisfaction of the Insureds loss which would otherwise have been paid but for the fact that it is in excess of either the Single
or Aggregate Limit of Liability, secondly, to the Underwriter as reimbursement of amounts paid in settlement of the Insureds claim,
and thirdly, to the Insured in satisfaction of any Deductible Amount. Recovery on account of loss of securities as set forth in the second
paragraph of Section 6 or recovery from reinsurance and/or indemnity of the Underwriter shall not be deemed a recovery as used herein.
(d) Upon the Underwriters request and at reasonable times and places designated by the Underwriter the Insured shall
| (1) | submit
to examination by the Underwriter and subscribe to the same under oath; and |
| (2) | produce
for the Underwriters examination all pertinent records; and |
| (3) | cooperate
with the Underwriter in all matters pertaining to the loss. |
(e) The Insured shall execute all papers and render assistance to secure to the Underwriter the rights and causes of action provided for
herein. The Insured shall do nothing after discovery of loss to prejudice such rights or causes of action.
LIMIT
OF LIABILITY UNDER THIS BOND AND PRIOR INSURANCE
Section
8. With respect to any loss set forth in sub-section (c) of Section 4 of this bond which is recoverable or recovered in whole or in part
under any other bonds or policies issued by the Underwriter to the Insured or to any predecessor in interest of the Insured and terminated
or canceled 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 Underwriter under this bond and under such other bonds or policies shall 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 Underwriter and terminated, canceled or allowed to expire, the Underwriter, with respect to any loss sustained prior to such
termination, cancelation or expiration and discovered within the period permitted under such other bond or policy for the discovery of
loss thereunder, shall 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.
OTHER
INSURANCE OR INDEMNITY
Section
9. Coverage afforded hereunder shall apply only as excess over any valid and collectible insurance or indemnity obtained by the Insured,
or by one other than the Insured on Property subject to exclusion (q) or by a Transportation Company, or by another entity on whose premises
the loss occurred or which employed the person causing the loss or the messenger conveying the Property involved.
OWNERSHIP
Section
10. This bond shall apply to loss of Property (1) owned by the Insured, (2) held by the Insured in any capacity, or (3) for which the
Insured is legally liable. This bond shall be for the sole use and benefit of the Insured named in the Declarations.
DEDUCTIBLE
AMOUNT
Section
11. The Underwriter shall be liable hereunder only for the amount by which any single loss, as defined in Section 4, exceeds the Single
Loss Deductible amount for the Insuring Agreement or Coverage applicable to such loss, subject to the Aggregate Limit of Liability and
the applicable Single Loss Limit of Liability.
The
Insured shall, in the time and in the manner prescribed in this bond, give the Underwriter notice of any loss of the kind covered by
the terms of this bond, whether or not the Underwriter is liable therefor, and upon the request of the Underwriter shall file with it
a brief statement giving the particulars concerning such loss.
TERMINATION
OR CANCELATION
Section
12. This bond terminates as an entirety upon occurrence of any of the following:—(a) 60 days after the receipt by the Insured of
a written notice from the Underwriter of its desire to cancel this bond, or (b) immediately upon the receipt by the Underwriter of a
written notice from the Insured of its desire to cancel this bond, or (c) immediately upon the taking over of the Insured by a receiver
or other liquidator or by State or Federal officials, or (d) immediately upon the taking over of the Insured by another institution,
or (e) immediately upon exhaustion of the Aggregate Limit of Liability, or (f) immediately upon expiration of the Bond Period as set
forth in Item 2 of the Declarations.
This
bond terminates as to any Employee or any partner, officer or employee of any Processor—(a) as soon as any Insured, or any director
or officer not in collusion with such person, learns of any dishonest or fraudulent act 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, or (b) 15 days
after the receipt by the Insured of a written notice from the Underwriter of its desire to cancel this bond as to such person.
Termination
of the bond as to any Insured terminates liability for any loss sustained by such Insured which is discovered after the effective date
of such termination.
In
witness whereof, the Underwriter has caused this bond to be executed on the Declarations page.
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|
FINANCIAL
INSTITUTION BOND |
SIGNATURE
PAGE
IN
WITNESS WHEREOF, the Insurer has caused this policy to be issued by affixing hereto the facsimile signatures of its President and Secretary.
|
|
|
|
|
|
Andrew
Weissert, Secretary |
Michael McKenna, President |
AXIS 102AIC 0615 |
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|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
1 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
AUDIT
EXPENSE INSURING AGREEMENT RIDER
AUDIT
EXPENSE INSURING AGREEMENT COVERAGE SCHEDULE |
Audit
Expense Insuring Agreement
Single Loss Limit of Liability |
Audit
Expense Insuring Agreement
Single Loss Deductible |
$10,000 |
$2,500 |
Information
in the above schedule may also appear on the Declarations.
It
is agreed that:
| A. | The
INSURING AGREEMENTS section is amended by the addition of the following new Insuring Agreement: |
AUDIT EXPENSE
Reasonable
expenses incurred by the Insured for that part of the cost of audits or examinations required by any governmental regulatory authority
to be conducted either by such authority or by an independent accountant by reason of the discovery of loss under Insuring Agreement
(A) FIDELITY.
| B. | The
applicable Single Loss Limit of Liability and Single Loss Deductible for the Audit Expense Insuring Agreement are as set forth in the
Declarations or in the above schedule. Such limit shall be part of, and not in addition to, the Single Loss Limit of Liability for Insuring
Agreement (A) FIDELITY set forth in the Declarations. |
| C. | Paragraph
(1) of Exclusion (u) shall not apply to the Audit Expense Insuring Agreement. |
All other provisions of the bond remain unchanged.
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Number |
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Date of Rider |
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Number |
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CLAIM
EXPENSE INSURING AGREEMENT RIDER
CLAIM
EXPENSE INSURING AGREEMENT COVERAGE SCHEDULE |
Claim
Expense Insuring Agreement
Single Loss Limit of Liability |
Claim
Expense Insuring Agreement
Single Loss Deductible |
$10,000 |
$2,500 |
Information
in the above schedule may also appear on the Declarations.
It
is agreed that:
| A. | The
INSURING AGREEMENTS section is amended by the addition of the following new Insuring Agreement: |
CLAIM EXPENSE
Reasonable
expenses necessarily incurred and paid by the Insured in preparing any valid claim for loss covered under this bond.
| B. | The
applicable Single Loss Limit of Liability and Single Loss Deductible for the Claim Expense Insuring Agreement are as set forth in the
Declarations or in the above schedule. Such limit shall be part of, and not in addition to, the Single Loss Limit of Liability for the
Insuring Agreement applicable to the loss that is the subject of the valid claim as set forth in the Claim Expense Insuring Agreement. |
| C. | Paragraph
(1) of Exclusion (u) shall not apply to the Claim Expense Insuring Agreement. |
All other provisions of the bond remain unchanged.
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AMEND
RACKETEERING EXCLUSION RIDER
It
is agreed that Exclusion 2(j) of the EXCLUSIONS section is replaced with the following:
damages
resulting from any civil, criminal or other legal proceeding in which the Insured 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
which result directly in a loss to the Insured covered by Insuring Agreement (A). For the purposes of this Exclusion, racketeering
activity is defined in 18 United States Code 1961 et seq., as amended;
All
other provisions of the bond remain unchanged.
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AMEND
FIDELITY INSURING AGREEMENT TO INCLUDE LARCENY AND EMBEZZLEMENT RIDER
It
is agreed that:
| A. | Insuring
Agreement (A) FIDELITY is replaced with the following: |
Loss
resulting directly from dishonest or fraudulent acts, including Larceny or Embezzlement, committed by an Employee acting alone or in
collusion with others. Such dishonest or fraudulent acts must be committed by the Employee with the manifest intent:
| (1) | to
cause the Insured to sustain such loss; and |
| (2) | to
obtain an improper financial benefit for the Employee or another person or entity. |
Notwithstanding
the foregoing, however, it is agreed that with regard to Loans and/or Trading, this bond covers only loss resulting directly from dishonest
or fraudulent acts committed by an Employee with the intent to cause the Insured to sustain such loss and which results in a financial
benefit for the Employee.
As
used in this Insuring Agreement, financial benefit does not include any employee benefits earned in the normal course of employment,
including salaries, commissions, fees, bonuses, promotions, awards, profit sharing or pensions.
The
term Loans, as used in this Insuring Agreement, 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.
The
term Trading, as used in this Insuring Agreement, means trading or other dealing in securities, commodities, futures, options, swaps,
foreign or Federal Funds, currencies, foreign exchange and the like.
| B. | Solely
with respect to the coverage provided by this Rider, the term Larceny and Embezzlement shall have the same meaning set forth in Section
37 of The Investment Company Act of 1940. |
All
other provisions of the bond remain unchanged.
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AMEND
VALUATION RIDER
It
is agreed that the paragraph in the VALUATION condition addressing loss of Money, or loss payable in Money, is replaced with the following:
Any
loss of Money, or loss payable in Money, shall be paid, at the option of the Insured, in the Money of the country in which the loss was
sustained or in the United States of America dollar equivalent thereof determined at the rate of exchange published in The Wall Street
Journal on the day immediately preceding the date the loss was discovered.
All
other provisions of the bond remain unchanged.
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AMEND
COUNTERFEIT CURRENCY OR MONEY INSURING AGREEMENT RIDER
It
is agreed that Insuring Agreement (F) COUNTERFEIT CURRENCY or COUNTERFEIT MONEY, as applicable, is replaced with the following:
Loss
resulting directly from the receipt by the Insured, in good faith, of any Counterfeit Money of the United States of America, Canada,
or any other country.
All
other provisions of the bond remain unchanged.
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GOVERNMENTAL
OR REGULATORY AUTHORITY NOTIFICATION RIDER
SCHEDULE
OF GOVERNMENTAL OR REGULATORY AUTHORITIES |
Securities
and Exchange Commission (SEC) |
It
is agreed that:
| A. | In
the event that this bond is cancelled, terminated, or Substantially Modified, the Underwriter agrees to use its best efforts to notify
each governmental or regulatory authority identified in the above Schedule within 60 days following such cancellation, termination, or
modification, whether such cancellation, termination, or modification is at the request of the Insured or the Underwriter. Failure on
the part of the Underwriter to provide such notice shall not impair or delay the effectiveness of such cancellation, termination, or
modification, nor shall the Underwriter be held liable in any way for such failure. |
| B. | For the purposes of this
Rider, Substantially Modified means a change in the type or amount of fidelity bond coverage, or a change in the exclusions of this
bond, or any change in the bond such that it no longer meets the requirements of the applicable laws or regulations of a
governmental or regulatory authority identified in the above Schedule. |
All
other provisions of the bond remain unchanged.
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a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
UNAUTHORIZED
SIGNATURES INSURING AGREEMENT RIDER
UNAUTHORIZED
SIGNATURES INSURING AGREEMENT COVERAGE SCHEDULE |
Unauthorized
Signatures Insuring Agreement
Single Loss Limit of Liability |
Unauthorized
Signatures Insuring Agreement
Single Loss Deductible |
$100,000 |
$25,000 |
Information
in the above schedule may also appear on the Declarations.
It
is agreed that:
| A. | The
Section entitled INSURING AGREEMENTS is amended by the addition of the following Insuring
Agreement: |
UNAUTHORIZED
SIGNATURES
Loss
resulting directly from the Insured having in good faith and in the ordinary course of business accepted from, paid to, or cashed for
a person present on the premises of the Insured, any check, withdrawal order or draft, made or drawn on a customers account,
which bears the signature or endorsement of one other than a person whose name and signature is on the application on file with the Insured
as a signatory on such account.
It
shall be a condition precedent to the Insureds right of recovery under this Insuring Agreement that the Insured shall have on
file signatures of all persons who are authorized signatories on such account; and the Insured must maintain written instructions outlining
the acceptance.
| B. | The
Section entitled CONDITIONS AND LIMITATIONS, the Section entitled EXCLUSIONS is amended as follows: |
| 1. | Solely
with respect to the coverage provided by this Rider, the following is added:
This bond does not cover: |
loss
of the type or kind covered by any other Insuring Agreement provided in this financial institution bond, regardless of any deductible
amount or limit of liability;
| 2. | The following exclusion is added:
This bond does not cover: |
loss
resulting directly or indirectly from the Insured having accepted from, paid to or cashed for a person present on the premises of the
Insured, any check, withdrawal order or draft, made or drawn on a customers account, except when covered under the Unauthorized
Signatures Insuring Agreement;
| C. | The
applicable Single Loss Limit of Liability and Single Loss Deductible for the Unauthorized Signatures Insuring Agreement are as set forth
in the Declarations or in the above schedule. |
All
other provisions of the bond remain unchanged.
AXIS
1012176 0622 |
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|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
9 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
PROTECTED
INFORMATION EXCLUSION RIDER
It
is agreed that this bond shall not apply to any loss resulting directly or indirectly from the: (i) theft, disappearance, or destruction
of; (ii) unauthorized use or disclosure of; (iii) unauthorized access to; or (iv) failure to protect any:
| A. | confidential
or non-public; or |
| B. | personal
or personally identifiable; |
information
that any person or entity has a duty to protect under any law, rule or regulation, agreement, or industry guideline or standard; provided
that this shall not apply to the extent that any unauthorized use or disclosure of a password enables a theft by an Employee of the Insured
of tangible Property of the Insured or tangible Property that the Insured is holding for a third party.
Theft
of tangible Property does not include the use of confidential or non-public information or personal or personally identifiable information
to enable the theft of or disclosure of information.
All
other provisions of the bond remain unchanged.
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FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
10 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
NOTICE
OF LOSS BY E-MAIL RIDER
It
is agreed that the CONDITIONS AND LIMITATIONS, Section 5. NOTICE/PROOF – LEGAL PROCEEDINGS AGAINST UNDERWRITER, paragraph
(a), is amended by the addition of the following:
The
Insured may provide the Underwriter with such notice of loss by e-mail to the e-mail address set forth below. The date of the Underwriters
receipt of such e-mailed notice shall constitute the date of notice.
Alternatively,
the Insured may provide notice of loss to the Underwriter by mailing or faxing such notice to the address or fax number set forth below.
All
notices must reference the Bond No. of this bond.
AXIS
Insurance
Claims Department
P.O. Box 4470
Alpharetta, GA 30023-4470
Email:
USFNOL@axiscapital.com
Phone (Toll-Free): (866) 259-5435
Phone: (678) 746- 9000
Fax: (866) 770-5629
All
other provisions of the bond remain unchanged.
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|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
11 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
CHANGE
OF OWNERSHIP OR CONTROL NOTICE RIDER
It
is agreed that the GENERAL AGREEMENTS, CHANGE OF OWNERSHIP – NOTICE or CHANGE OF CONTROL – NOTICE, as applicable,
is replaced with the following:
When
the Insured learns of a change in ownership by a single stockholder, partner or member, or by a group of affiliated stockholders, partners,
or members, of more than 10% of its voting stock or total ownership interest, or of the voting stock or total ownership interest of a
holding company or parent corporation which itself owns or controls the Insured, it shall give written notice to the Underwriter, as
soon as practicable but not later than within 30 days of learning of such change in ownership. Failure to give the required notice shall
result in termination of coverage for any loss involving a transferee of such stock or ownership interest, to be effective upon the date
of the stock transfer or transfer of ownership interest.
As
used in this General Agreement, control shall have the meaning set forth in Section 2(a)(9) of the Investment Company Act of 1940, and
means the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result
of an official position with such company. A change in ownership of voting securities of a company which results in direct or indirect
ownership by a securities holder or an affiliated group of securities holders of more than 25% of such voting securities shall be presumed
to result in a change in control for the purpose of giving the required notice.
All
other provisions of the bond remain unchanged.
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|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
12 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
CUSTOMER
FUNDS TRANSFER FRAUD INSURING AGREEMENT
WITH CALL BACK FOR TRANSFERS IN EXCESS OF THE DEDUCTIBLE RIDER
CUSTOMER
FUNDS TRANSFER FRAUD INSURING AGREEMENT COVERAGE SCHEDULE |
Customer
Funds Transfer Fraud
Insuring Agreement Single Loss Limit of Liability |
Customer
Funds Transfer Fraud
Insuring Agreement Single Loss Deductible |
$525,000 |
$25,000 |
Information
in the above schedule may also appear on the Declarations.
It
is agreed that:
| A. | The
INSURING AGREEMENTS section is amended by the addition of the following new Insuring Agreement: |
CUSTOMER
FUNDS TRANSFER FRAUD
Loss
resulting directly from the Insured having, in good faith, transferred a Customers Money on deposit in an account or Securities to a person or account outside the Customers control, in reliance on a fraudulent telephone, telefacsimile, text message
or e-mail instruction to the Insured directing such transfer from the Customers account, which instruction purports and reasonably
appears to have originated from an Authorized Transfer Agent, but which, in fact, was issued without the Customers knowledge or
consent by someone other than an Authorized Transfer Agent, subject to the following conditions precedent:
| (1) | The
instruction included the Customers password and PIN and any other security codes required by the Insureds written agreement
with such Customer (Verified Instruction). |
| (2) | The
sender of the instruction was not, in fact, such Customer, was not authorized to act on behalf of such Customer, and was not an Employee. |
| (3) | The
instruction was received by an Employee specifically authorized by the Insured to receive and act upon such instructions. |
| (4) | For
any transfer exceeding the amount of the Customer Funds Transfer Fraud Insuring Agreement Single Loss Deductible, the Insured verified
the instruction via a call back to a predetermined telephone number set forth in the Insureds written agreement with such Customer,
or by other verification procedures approved in writing by the Underwriter (Security Measure). |
| (5) | The
Insured preserved a contemporaneous record of the Verified Instruction and any Security Measure and furnishes both to the Insurer, along
with a copy of the Insureds written agreement with the Customer, in the Proof of Loss. |
| (6) | The
Insured asserts any available claims, offsets or defenses against the Customer, any financial institution, any fund administrator or
any other party to the transaction. |
| B. | The
applicable Single Loss Limit of Liability and Single Loss Deductible for the Customer Funds Transfer Fraud Insuring Agreement are as
set forth in the Declarations or in the above schedule. |
| C. | Solely
with respect to the coverage provided by this Rider: |
| 1. | The
following Definitions are added to the DEFINITIONS section: |
Authorized
Transfer Agent means an employee of the Customer or another financial institution with authority to instruct the Insured to transfer
the Customers Money or Certificated Securities.
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FINANCIAL
INSTITUTION BOND |
Customer
means an entity or natural person who has a written agreement with the Insured authorizing the Insured to transfer Money on deposit in
an account or Certificated Securities in reliance upon a telephone, telefacsimile, text message or e-mail instruction from an Authorized
Transfer Agent.
Securities
means Certificated Securities or Uncertificated Securities.
| 2. | Solely
with respect to bond forms 15 and 24,the following Definition is added to the DEFINITIONS
section: |
Uncertificated
Security means a share, participation or other interest in property of or an enterprise of the issuer or an obligation of the issuer,
which is:
| (1) | not
represented by an instrument and the transfer of which is registered upon books maintained
for that purpose by or on behalf of the issuer; |
| (2) | of
a type commonly dealt in on securities exchanges or markets; and |
| (3) | either
one of a class or series or by its terms divisible into a class or series of shares, participations,
interests or obligations. |
| 3. | The
following Exclusions are added to the EXCLUSIONS section: |
loss
of the type or kind covered by any other Insuring Agreement provided in this financial institution bond, regardless of any deductible
amount or limit of liability;
loss
resulting directly or indirectly from a fraudulent instruction if the sender, or anyone acting in collusion with the sender, ever had
authorized access to the Customers password, PIN or any other security code;
loss
resulting directly or indirectly from the fraudulent alteration of an instruction to initiate an automated clearing house (ACH) entry,
or group of ACH entries, transmitted as an electronic message, or as an attachment to an electronic message, sent via the Internet unless:
| (1) | each
ACH entry was individually verified via the call back procedures without regard to the amount
of the entry; or |
| (2) | the
instruction was formatted, encoded or encrypted so that any alteration in the ACH entry or
group of ACH entries would be apparent to the Insured. |
| 3. | All
loss or losses involving one natural person or one entity, or one group of natural persons
or entities acting together, shall be a Single Loss without regard to the number of transfers
or the number of instructions involved. A series of losses involving unidentified natural
persons or entities but arising from the same method of operation shall be deemed to involve
the same natural person or entity and shall be treated as a Single Loss. |
| D. | The
EXCLUSIONS section is amended by the addition of the following Exclusion: |
loss
resulting directly or indirectly from an Insured relying upon and/or acting upon a fraudulent telephone, telefacsimile, text message
or e-mail instruction to transfer Money or Securities except:
| (1) | when
covered under the Customer Funds Transfer Fraud Insuring Agreement; and |
| (2) | this
exclusion does not apply to an Employee relying upon and/or acting upon a Social Engineering
Fraud Instruction covered under the Social Engineering Fraud Insuring Agreement provided
under any SOCIAL ENGINEERING FRAUD INSURING AGREEMENT RIDER to the extent attached to this
bond. |
| D. | Exclusion
(i) does not apply to loss covered under the Customer Funds Transfer Fraud Insuring Agreement. |
All
other provisions of the bond remain unchanged.
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1012198 0322 |
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|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
13 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
AMEND
OWNERSHIP OR COVERED PROPERTY CONDITION RIDER
It
is agreed that the CONDITIONS AND LIMITATIONS, the OWNERSHIP section or COVERED PROPERTY section, as applicable, is deleted and
replaced with the following:
This
bond shall apply to loss of Property (1) owned by the Insured, (2) held by the Insured in any capacity, or (3) owned and held by someone
else under circumstances which make the Insured responsible for the Property prior to the occurrence of the loss. This bond shall be
for the sole use and benefit of the Insured named in the Declarations.
All
other provisions of the bond remain unchanged.
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1012199 0119 |
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|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
14 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
STOP
PAYMENT ORDER LIABILITY INSURING AGREEMENT RIDER
STOP
PAYMENT ORDER LIABILITY INSURING AGREEMENT COVERAGE SCHEDULE |
Stop
Payment Order Liability Insuring Agreement
Single Loss Limit of Liability |
Stop
Payment Order Liability Insuring Agreement
Single Loss Deductible |
$100,000 |
$10,000 |
Information
in the above schedule may also appear on the Declarations.
It
is agreed that:
| A. | The
Section entitled INSURING AGREEMENTS is amended by the addition of the following new Insuring Agreement: |
STOP
PAYMENT ORDER LIABILITY
Loss
resulting directly from the Insureds legal liability for:
| (1) | compliance
with or failure to comply with a request by a customer of the Insured, or such customers authorized agent, to stop payment on
any draft made or drawn upon or against the Insured by such customer or such customers authorized agent; or |
| (2) | refusal
to pay any draft made or drawn upon or against the Insured by a customer of the Insured or such customers authorized agent. |
| B. | The
applicable Single Loss Limit of Liability and Single Loss Deductible for the Stop Payment Order Liability Insuring Agreement are as set
forth in the Declarations or in the above schedule. |
All
other provisions of the bond remain unchanged.
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|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
15 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
UNCOLLECTIBLE
ITEMS OF DEPOSIT INSURING AGREEMENT RIDER
UNCOLLECTIBLE
ITEMS OF DEPOSIT INSURING AGREEMENT COVERAGE SCHEDULE |
Uncollectible
Items of Deposit Insuring Agreement
Single Loss Limit of Liability |
Uncollectible
Items of Deposit Insuring Agreement
Single Loss Deductible |
$100,000 |
$10,000 |
Information
in the above schedule may also appear on the Declarations.
It
is agreed that:
| A. | The
Section entitled INSURING AGREEMENTS is amended by the addition of the following Insuring
Agreement: |
UNCOLLECTIBLE ITEMS OF DEPOSIT
Loss
resulting directly from the Insured having, in good faith, credited its customers, shareholders or subscribers account
of any item of deposit which proves to be uncollectible, provided that:
| (1) | the
item was held for a minimum of 5 days before any redemption, withdrawal, dividend payment or share issuance occurs with respect to that
item of deposit; and |
| (2) | there
was a redemption, withdrawal, dividend payment or share issuance with respect to that item of deposit. |
Items of deposit shall not be
deemed uncollectible until the Insureds collection procedures have failed.
For
the purposes of this Insuring Agreement, Items of Deposit means any one or more checks or drafts drawn upon a financial institution in
the United States of America.
| B. | The
Section entitled CONDITIONS AND LIMITATIONS, the Section entitled EXCLUSIONS is amended as follows: |
| 1. | Solely
with respect to the coverage provided by this Rider, the following exclusion is added:
This bond does not cover: |
loss
of the type or kind covered by any other Insuring Agreement provided in this financial institution bond, regardless of any deductible
amount or limit of liability;
| 2. | The following exclusion is added:
This bond does not cover: |
loss
resulting directly or indirectly from the Insured having, in good faith, credited its customers, shareholders or subscribers
account of any item of deposit which proves to be uncollectible, except when covered under the Uncollectible Items of Deposit Insuring
Agreement;
| C. | The
applicable Single Loss Limit of Liability and Single Loss Deductible for the Uncollectible Items of Deposit Insuring Agreement are as
set forth in the Declarations or in the above schedule. |
All
other provisions of the bond remain unchanged.
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FINANCIAL
INSTITUTION BOND |
Rider Number |
Effective
Date of Rider |
Bond
Number |
Premium |
16 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
AMEND
DEFINITION OF EMPLOYEE TO INCLUDE AFFILIATED PERSONS RIDER
It
is agreed that the CONDITIONS AND LIMITATIONS, the DEFINITIONS section, the Definition of Employee, is amended by the addition
of the following:
Employee
also means a natural person partner, officer or employee of an investment adviser, underwriter (distributor), transfer agent or shareholder
accounting recordkeeper, or administrator for the Insured, but only while performing acts coming within the usual and customary duties
of an officer or employee of the Insured or acting as a member of any committee duly elected or appointed to examine, audit or have custody
of or access to Property of the Insured; provided that the adviser, underwriter, transfer agent, recordkeeper or administrator is an
affiliated person (as defined in Section 2(a) of the Investment Company Act of 1940) of the Insured.
All
other provisions of the bond remain unchanged.
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FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
17 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
INVESTMENT
COMPANY NO DEDUCTIBLE RIDER
It
is agreed that the CONDITIONS AND LIMITATIONS are amended as follows:
| A. | The
DEFINITIONS section is amended by the addition of the following Definition: |
Investment
Company means any investment company registered under the Investment Company Act of 1940.
| B. | The
DEDUCTIBLE AMOUNT section is amended by the addition of the following: |
Notwithstanding
the foregoing, there shall be no Deductible Amount applicable to any loss under Insuring Agreement A sustained by any Investment Company
named as an Insured under this bond.
All
other provisions of the bond remain unchanged.
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1012214 0119 |
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FINANCIAL
INSTITUTION BOND |
Rider Number |
Effective
Date of Rider |
Bond
Number |
Premium |
18 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
COMPUTER
SYSTEMS FRAUD INSURING AGREEMENT RIDER
COMPUTER
SYSTEMS FRAUD INSURING AGREEMENT COVERAGE SCHEDULE |
Computer
Systems Fraud
Insuring
Agreement Single Loss Limit of Liability |
Computer
Systems Fraud
Insuring
Agreement Single Loss Deductible |
$525,000 |
$25,000 |
Information
in the above schedule may also appear on the Declarations.
It
is agreed that:
| A. | The
INSURING AGREEMENTS section is amended by the addition of the following Insuring Agreement: |
COMPUTER
SYSTEMS FRAUD
Loss
resulting directly from a fraudulent:
| (1) | entry
of Electronic Data or Computer Program into; or |
| (2) | change
of Electronic Data or Computer Program within; |
any
Computer System operated by the Insured, whether owned or leased; or any Computer System identified in the application for this bond;
or a Computer System first used by the Insured during the Bond Period, as provided by General Agreement B of this bond;
provided
that the entry or change causes:
| (a) | Property
to be transferred, paid, or delivered; |
| (b) | an
account of the Insured, or of its customer, to be added, deleted, debited, or credited; or |
| (c) | an
unauthorized account or a fictitious account to be debited or credited; |
without the knowledge or consent of the Insured.
In
this Insuring Agreement, fraudulent entry or change shall include such entry or change made by an Employee of the Insured acting in good
faith on an instruction from a software contractor who has a written agreement with the Insured to design, implement, or service programs
for a Computer System covered by this Insuring Agreement.
| B. | Solely
with respect to the coverage provided by this Rider, the DEFINITIONS section is amended by the addition of the following definitions: |
Computer
Program means a set of related electronic instructions which direct the operations and functions of a computer or devices connected to
it which enable the computer or devices to receive, process, store, or send Electronic Data.
Computer
System means:
| (1) | computers
with related peripheral components, including storage components wherever located; |
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FINANCIAL
INSTITUTION BOND |
| (2) | systems
and applications software; |
| (4) | related
communications networks; |
by
which Electronic Data are electronically collected, transmitted, processed, stored, and retrieved.
Electronic
Data means facts or information converted to a form usable in a Computer System by Computer Programs, and which is stored on magnetic
tapes or disks, or optical storage disks, or other bulk media.
| C. | Solely
with respect to the coverage provided by this Rider, the EXCLUSIONS section is amended by the addition of the following Exclusions: |
loss
of the type or kind covered by any other Insuring Agreement provided in this financial institution bond, including but not limited to
Social Engineering Fraud, regardless of any deductible amount or limit of liability;
loss
resulting directly or indirectly from the assumption of liability by the Insured by contract unless the liability arises from a loss
covered by this rider, and such liability would have been be imposed on the Insured regardless of the existence of such contract;
loss
resulting directly or indirectly from negotiable instruments, securities, documents, or other written instruments which bear a forged
signature, or are counterfeit, altered, or otherwise fraudulent and which are used as source documentation in the preparation of Electronic
Data or manually keyed into a data terminal;
loss
resulting directly or indirectly from:
| (1) | mechanical
failure, faulty construction, error in design, latent defect, fire, wear or tear, gradual deterioration, electrical disturbance, or electrical
surge which affects a Computer System; |
| (2) | failure
or breakdown of Electronic Data processing media; or |
| (3) | error
or omission in programming or processing; |
loss
resulting directly or indirectly from the input of Electronic Data into a Computer System terminal device either on the premises of a
customer of the Insured or under the control of such a customer by a person who had authorized access to the customers authentication
mechanism;
| D. | Notwithstanding
anything to the contrary with respect to any similar Exclusion set forth in any Protected Information Exclusion Rider attached to this
bond, solely with respect to the coverage provided by this Rider, the EXCLUSIONS section is amended by the addition of the following
Exclusion: |
loss
resulting directly or indirectly from the: (1) theft, disappearance, or destruction of; (2) unauthorized use or disclosure of; (3) unauthorized
access to; or (4) failure to protect any:
| (a) | confidential
or non-public information; or |
| (b) | personal
or personally identifiable information; |
that
any person or entity has a duty to protect under any law, rule or regulation, agreement, or industry guideline or standard, except that
this shall not apply to the extent that any unauthorized use or disclosure of such information subsequently results in a direct loss
otherwise covered under the Computer Systems Fraud Insuring Agreement.
| E. | The
exclusion below, found in the EXCLUSIONS section of financial institution bonds forms 14, and 25, does not apply to the Computer Systems
Fraud Insuring Agreement. |
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FINANCIAL
INSTITUTION BOND |
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);
| F. | The
Single Loss Defined subsection of the LIMIT OF LIABILITY section is amended by the addition of the following: |
Solely
with respect to the Computer Systems Fraud Insuring Agreement, all loss or series of losses involving the fraudulent acts of one individual,
or involving fraudulent acts in which one individual is implicated, whether or not that individual is specifically identified, shall
be treated as a Single Loss and subject to the Single Loss Limit of Liability. A series of losses involving unidentified individuals
but arising from the same method of operation shall be deemed to involve the same individuals and in that event shall be treated as a
Single Loss and subject to the Single Loss Limit of Liability.
| G. | The
applicable Single Loss Limit of Liability and Single Loss Deductible for the Computer Systems Fraud Insuring Agreement are as set forth
in the Declarations or in the above schedule. |
All
other provisions of the bond remain unchanged.
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|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
19 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
AMEND
EXCLUSION (M) RIDER
It
is agreed that the Section entitled CONDITIONS AND LIMITATIONS, the Section entitled EXCLUSIONS, exclusion (m) is replaced with
the following:
(m)
loss resulting directly or indirectly from surrender of property as a result of:
| (2) | payment
of ransom or any extortion-related payment, |
| (3) | threats
of bodily harm to any person, except the custodian of the property, or of damage to the premises or property of the Insured, or |
| (4) | actual
disappearance, damage, destruction, confiscation, or theft of property intended as a ransom or extortion payment while held or conveyed
by a person duly authorized by the Insured to have custody of such property, except when resulting from threats of bodily harm to the
custodian of the property as described in (3) above, except
when covered under Insuring Agreement (A); |
All
other provisions of the bond remain unchanged.
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FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
20 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
NON-FUNGIBLE
TOKENS EXCLUSION RIDER
It
is agreed that the Section entitled CONDITIONS AND LIMITATIONS is amended as follows:
| A. | The
Section entitled DEFINITIONS is amended as follows: |
| 1. | The
definition of Property is amended by the addition of the following: |
Notwithstanding the foregoing, Property does not include Non-Fungible
Tokens.
| 2. | The
following definition is added: |
Non-Fungible
Tokens means a unique digital identifier that is recorded in a blockchain or other digital ledger technology, and that is used to certify
authenticity and/or ownership of a unique asset that cannot be traded, divided or exchanged at equivalency.
| B. | The
Section entitled EXCLUSIONS is amended by the addition of the following exclusion: |
This bond does not cover:
loss
resulting directly or indirectly from the theft, disappearance or destruction of Non-Fungible Tokens or from the change in value of Non-Fungible
Tokens;
All
other provisions of the bond remain unchanged.
AXIS 1012870 0622 |
Includes
copyright material of The Surety Association of America |
Page
1 of 1 |
|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
21 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
INSURING
AGREEMENT (G) RIDER
INSURING
AGREEMENT (G) COVERAGE SCHEDULE |
Insuring
Agreement (G)
Single Loss Limit of Liability |
Insuring
Agreement (G)
Single Loss Deductible |
$525,000 |
$25,000 |
Information
in the above schedule may also appear on the Declarations.
It
is agreed that:
| 1. | The
attached bond is hereby amended by adding an additional Insuring Agreement as follows: |
(G)
Loss resulting directly from the fact that an issuer of securities, transfer agent, bank, banker or trust company received from the Insured
or the New York Stock Exchange specimen copies of the Insureds mechanically reproduced facsimile signature and acted in reliance
upon any false, fraudulent or unauthorized reproduction of such facsimile signature, whether such facsimile signature is the facsimile
signature duly adopted by the Insured or is one resembling or purporting to be such facsimile signature, regardless of by whom or by
what means the same may have been imprinted, and whether or not such loss is sustained by reason of the Insureds having entered
into an agreement to be legally liable when such facsimile signature or one resembling or purporting to be such facsimile signature is
used, provided, however, that
| (a) | such
facsimile signature is used on a document |
| (1) | as
the signature to an assignment or other instrument authorizing or effecting the transfer of shares of stock, or other registered securities,
which may now or at any time hereafter be registered in the name of the Insured on the books of the association, company or corporation
issuing the same; or |
| (2) | as
the signature to a power of substitution, designating a substitute or substitutes to make the actual transfer on the books of the issuer
of shares of stock, or other registered securities, in respect of which the Insured may now or at any time hereafter be named as attorney
to effect said transfer, whether said power of substitution is embodied in an endorsement on the certificate for said shares of stock
or other registered security or in a separate instrument; |
| (b) | the
New York Stock Exchange has not interposed any objections to the use by the Insured of such facsimile signature and such agreement, if
any, was required by the said Exchange as a condition to its failing to interpose any such objection; and |
| (c) | this
Insuring Agreement (G) shall not apply to any Certificated Securities which are Counterfeit. |
| 2. | Sub-sections
(a) and (e) of Section 2. of the attached bond shall not apply to Insuring Agreement (G). |
| 3. | The
applicable Single Loss Limit of Liability and Single Loss Deductible for Insuring Agreement (G) are as set forth in the Declarations
or in the above schedule. |
All
other provisions of the bond remain unchanged.
SR
5907a 1188 |
Page
1 of 1 |
|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
22 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
PENNSYLVANIA
NOTICE
An
insurance company, its agents, employees, or service contractors acting on its behalf, may provide services to reduce the likelihood
of injury, death or loss. These services may include any of the following or related services incident to the application for, issuance,
renewal or continuation of, a policy of insurance:
| 2. | consultation
or advice; or |
The
Insurance Consultation Services Exemption Act of Pennsylvania provides that the insurance company, its agents, employees
or service contractors acting on its behalf, is not liable for damages from injury, death or loss occurring as a result of any act or
omission by any person in the furnishing of or the failure to furnish these services.
The
Act does not apply:
| 1. | if
the injury, death or loss occurred during the actual performance of the services and was caused by the negligence of the insurance company,
its agents, employees or service contractors; |
| 2. | to
consultation services required to be performed under a written service contract not related to a policy of insurance; or |
| 3. | if
any acts or omissions of the insurance company, its agents, employees or service contractors are judicially determined to constitute
a crime, actual malice, or gross negligence. |
All
other provisions of the bond remain unchanged.
SR
6117 0181 |
Includes
copyright material of The Surety Association of America |
Page
1 of 1 |
|
FINANCIAL
INSTITUTION BOND |
Rider
Number |
Effective
Date of Rider |
Bond
Number |
Premium |
23 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
CRYPTOCURRENCY
EXCLUSION RIDER
It
is agreed that:
| A. | The
attached bond is amended by adding to Section 2. EXCLUSIONS - CONDITIONS AND LIMITATIONS, the following: |
loss
resulting directly or indirectly from the theft, disappearance or destruction of Cryptocurrency or from the change in value of Cryptocurrency.
| B. | The
attached bond is amended by adding to the bond CONDITIONS AND LIMITATIONS, Section 1. DEFINITIONS the following: |
Cryptocurrency
means a digital or electronic medium of exchange, operating independently of a central authority, in which encryption techniques are
used to regulate the generation of units and to verify the transfer of such units from one person to another.
All
other provisions of the bond remain unchanged.
|
FINANCIAL
INSTITUTION BOND |
Endorsement
Number |
Effective
Date of Endorsement |
Policy Number |
Premium |
24 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
AUTOMATIC
COVERAGE FOR NEW INVESTMENT FUNDS RIDER
It
is agreed that:
Notwithstanding
anything to the contrary in the bond, if, after the effective date of this bond, the Insured creates or acquires any new Investment Fund,
then such fund shall be covered under this bond, subject to its terms and conditions, only if:
| (a) | the
fair value of all cash, securities, assumed indebtedness and other consideration paid by the Insured did not exceed 20% of the total
consolidated assets of the Insured as of the date of the Insureds most recent audited consolidated financial statement prior to
such transaction; and |
| (b) | to
the extent that any increase in bonding limits is required pursuant to Rule 17g-1 of the Investment Company Act of 1940, as amended,
the: |
| (i) | Single
Loss Limit of Liability for each Single Loss under this bond shall not exceed $630,000; and |
| (ii) | amount
of any sublimit for any Single Loss under any Rider attached to this bond shall not exceed 20% of the amount of such sublimit as shown
in such Rider; and |
| (c) | the
Underwriter, at its sole option upon submission of such information as the Underwriter may require, payment of any additional premium,
and/or amendment of the provisions of the bond, agrees to provide coverage for such fund. |
There
is no coverage under this bond for any event discovered prior to the effective date of such creation or acquisition.
All
other provisions of the bond remain unchanged.
AXIS
1012211 0721 |
Page
1 of 1 |
|
FINANCIAL
INSTITUTION BOND |
Endorsement
Number |
Effective
Date of Endorsement |
Policy Number |
Premium |
25 |
12:01
a.m. on 09/01/2024 |
P-001-000917083-03 |
N/A |
AUTOMATIC
INCREASE IN LIMITS FOR INVESTMENT FUNDS RIDER
It
is agreed that the Section entitled CONDITIONS AND LIMITATIONS, the Section entitled LIMIT OF LIABILITY is amended by the addition
of the following subsection:
Automatic
Increase in Limits for Investment Funds
If
an increase in bonding limits is required pursuant to Rule 17g-1 of the Investment Company Act of 1940 (Rule 17g-1), as
amended, due to an increase in asset size of current investment funds covered under this bond, then the minimum increase in limits required
to comply with Rule 17g-1 shall take place automatically without payment of additional premium for the remainder of the Bond Period;
provided, however, that in no event shall the maximum:
| (a) | Single
Loss Limit of Liability for each Single Loss under this bond exceed $630,000; and |
| (b) | amount
of any sublimit for any Single Loss under any Rider attached to this bond exceed 20% of the amount of such sublimit as shown in such
Rider. |
All
other provisions of the bond remain unchanged.
AXIS
1012210 0721 |
Page
1 of 1 |
SECRETARY’S
CERTIFICATE
I,
Kyle Wiggs, being the Secretary of the THOR Financial Technologies Trust (the “Trust”), duly certify and attest that the Board
of Trustees of the Trust adopted the following resolutions on August 19, 2024:
WHEREAS, the Board has determined
that it is in the best interests of the THOR ETFs to maintain fidelity bond coverage covering the THOR ETFs against larceny and embezzlement
by, among others, officers and employees of the THOR ETFs, in accordance with the requirements of Rule 17g-1 under the 1940 Act, in such
form and amounts which would cover gross assets in a range that would be appropriate for the THOR ETFs.
IT IS THEREFORE RESOLVED, that
the Board authorizes the appropriate officers of the THOR ETFs to do any and all other acts, in the name of the THOR ETFs and the THOR
ETFs’ Trustees and officers, as they or any of them, may determine to be necessary or appropriate in connection with renewing the
fidelity bond in the amount of $525,000 for the period September 1, 2024 to September 1, 2025 to provide coverage to the THOR ETFs upon
the expiration of the current fidelity bond on September 1, 2024; and
FURTHER RESOLVED, that Board
authorizes the proper officers of the THOR ETFs to take any actions and to execute any instruments which may be necessary or advisable
to carry out the foregoing vote and the purpose and intent thereof.
/s/ Kyle Wiggs____
Kyle Wiggs
Secretary of the Trust
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