91222(12/09)
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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National Union Fire Insurance Company of Pittsburgh, Pa.
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A capital stock company
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POLICY NUMBER: 02-933-08-15 | REPLACEMENT OF POLICY NUMBER: 01-571-44-64 |
Item 1.
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Name of Insured
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MVC Capital, Inc |
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Principal Address:
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287 BOWMAN AVENUE |
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2ND FLOOR | |||
PURCHASE, NY 10577 | |||
Item 2.
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Bond Period from 12:01 a.m. August 14, 2010 to August 14, 2011 the effective date of the termination or cancellation of this bond, standard time at the Principal Address as to each of said dates.
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Item 3.
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Limit of Liability - Subject to Section 9, 10, and 12 hereof:
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Single Loss |
Single Loss
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Limit of Liability | Deductible | |||||
Insuring Agreement
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A
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(Fidelity)
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$5,000,000 |
$ Nil
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Insuring Agreement
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B
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(Audit Expense) | $ 100,000 |
$5,000
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Insuring Agreement
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C
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(On Premises)
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$5,000,000 |
$100,000
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Insuring Agreement
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D
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(In Transit)
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$5,000,000 |
$100,000
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Insuring Agreement
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E
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(Forgery or Alteration)
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$5,000,000 |
$100,000
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Insuring Agreement
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F
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(Securities)
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$5,000,000 |
$100,000
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Insuring Agreement
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G
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(Counterfeit Currency)
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$5,000,000 |
$100,000
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Insuring Agreement
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H
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(Stop Payment)
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$100,000 |
$5,000
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Insuring Agreement
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I
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(Uncollectible Items of Deposit)
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$100,000 |
$5,000
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OPTIONAL COVERAGES ADDED BY RIDER:
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Insuring Agreement
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J
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Computer Systems
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$5,000,000 | $100,000 | ||
Insuring Agreement
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K
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Unauthorized Signatures
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$100,000 | $5,000,000 | ||
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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2-14057
MANUSCRIPT
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
© Chartis Inc. All rights reserved.
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ITEM 4.
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Offices or Premises Covered-Offices acquired or established subsequent to the effective date of this bond are covered according to the terms of General Agreement A. All the Insured's offices or premises in existence at the time this bond becomes effective are covered under this bond except the offices or premises located as follows: No Exceptions
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ITEM 5.
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The liability of the Underwriter is subject to the terms of the following riders attached thereto: : Endorsement #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11
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ITEM 6.
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The Insured by the acceptance of this bond gives to the Underwriter terminating or canceling prior bond(s) or policy(ies) No.(s) 01-57 1-44-64 such termination or cancellation to be effective as of the time this bond becomes effective.
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2-14057
MANUSCRIPT
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
© Chartis Inc. All rights reserved.
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PRESIDENT
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SECRETARY
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National Union Fire Insurance
Company of Pittsburgh, Pa.
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National Union Fire Insurance
Company of Pittsburgh, Pa.
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AUTHORIZED REPRESENTATIVE
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COUNTERSIGNED AT | DATE | COUNTERSIGNATURE | ||
2-14057
MANUSCRIPT
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
© Chartis Inc. All rights reserved.
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1.
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Insuring Agreement (A) FIDELITY is hereby deleted in its entirety and replaced with the following:
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(A)
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Loss resulting from any dishonest or fraudulent act(s), including Larceny or Embezzlement committed by an Employee, committed anywhere and whether committed alone or in collusion with others, including loss of Property resulting from such acts of an Employee, which Property is held by the Insured for any purpose or in any capacity and whether so held gratuitously or not and whether or not the Insured is liable therefore.
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(a)
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to cause the Insured to sustain such loss; or
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(b)
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to obtain financial benefit for the Employee, or for any other person or organization intended by the Employee to receive such benefit, other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment.
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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2.
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Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limitations conditions or agreements of the attached policy other than as above stated.
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRESENTATIVE
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1.
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General Agreement (B) WARRANTY – is hereby deleted and replaced by the following:
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(B)
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The Insured represents that the information furnished in the application for this bond is complete, true and correct. Such application constitutes part of this policy.
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2.
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Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limitations, conditions or agreements of the attached policy other than as above stated.
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRESENTATIVE
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1.
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SECTION 1. DEFINITIONS, Subsection (a) "Employee", is amended by adding the following:
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2.
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Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limitations, conditions or agreements of the attached bond other than as above stated.
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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1.
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The attached bond is amended by adding the following lnsuring Agreement L asfollows:
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2.
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The following exclusion applies to lnsuring Agreement L: any loss resulting from uncollectible items of deposit which are drawn from a Financial Institution outside the fifty states of the United States of America, District of Columbia, Puerto Rico, Territories and possessions of the United States of America, or Canada.
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3.
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The Single Loss Limit of Liability applicable to this lnsuring Agreement is limited tothe sum of One Hundred Thousand Dollars ($100,000) and a single loss deductible amount of Twenty Five Thousand Dollars ($5,000).
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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1.
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The attached bond is amended by adding an additional insuring agreement as follows:
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(1)
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entry of data into, or
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(2)
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change of data or programs within
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(a)
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Property t o be transferred, paid or delivered,
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(b)
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an account of the Insured, or of its customer, t o be added, deleted, debited or credited:
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(c)
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an unauthorized account of a fictitious account to be debited or credited;
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(3)
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voice instructions or advices having been transmitted to the lnsured or its agent(s) by telephone;
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(i)
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cause the lnsured or its agent(s) to sustain a loss, and
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(ii)
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obtain financial benefit for that individual or for other persons intended by that individual to receive financial benefit,
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(iii)
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and further provided such voice instruction or advices:
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(a)
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were made by a person who purported to represent an individual authorized t o make such voice instruction or advices; and
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(b)
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were electronically recorded by the lnsured or its agent(s).
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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(4)
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It shall be a condition to recovery under the Computer Systems Rider thatthe lnsured or its agent(s)shall to the best of their ability electronically record all voice instructions or advices received over telephone. The lnsured or its agent(s) warrant that they shall make their best efforts to maintain the electronic recording system on a continuous basis. Nothing, however, in this Rider shall bar the lnsured from recovery where no recording is available because of mechanical failure of the device used in making such recording, or because of failure of the media used to record conversation from any cause, or error or omission of any Employee(s) or agent(s) of the Insured.
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2.
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As used in this Rider, Computer System means:
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(a)
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computers with related peripheral components, including storagecomponents, wherever located,
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(b)
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systems and application software,
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(c)
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terminal devices,
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(d)
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related communication networks or customer communication systems toinclude the Internet, and
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(e)
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related Electronic Funds Transfer Systems,
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3.
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In addition to the exclusions in the attached bond, the following exclusions areapplicable to this Insuring Agreement:
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(a)
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loss resulting directly or indirectly from the theft of confidential information,material or data; and
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(b)
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loss resulting directly or indirectly from entries or changes made by anindividual authorized to have access to a Computer System who acts in good faith on instructions, unless such instructions are given to that
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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4.
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The following portions of the attached bond are not applicable to this Rider:
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(a)
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the initial paragraph of the bond preceding the lnsuring Agreements which reads "...at any time but discovered during the Bond Period."
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(b)
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Section 9-NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY
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(c)
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Section 10-LIMIT OF LIABILITY
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5.
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The Coverage afforded by this rider applies only t o loss discovered by the lnsured during the period this Rider is in force.
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6.
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All loss or series of losses involving the fraudulent activity of one individual, or involving fraudulent activity in which one individual is implicated, whether or not that individual is specifically identified, shall be treated as one loss. A Series of losses involving unidentified individuals but arising from the same method of operation may be deemed by the Underwriter t o involve the same individual and in that event shall be treated as one loss.
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7.
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The Limit of Liability for the coverage provided by this Rider shall be $5,000,000 X t being understood however, that such liability shall be part of and not in addition to the Limit of Liability stated in Item 3 of the Declarations of the attached bond.
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8.
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The Underwriter shall be liable hereunder for the amount by which one loss shall be in excess of $100,000 X herein called the Deductible amount) but not in excess of the Limit of Liability stated above.
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9.
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If any loss is covered under this lnsuring Agreement and any other lnsuring Agreement or Coverage, the maximum amount payable for such loss shall not exceed the largest amount available under any one lnsuring Agreement or Coverage.
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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10.
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Coverage under this Rider shall terminate upon termination or cancellation of the bond t o which this Rider is attached. Coverage under this rider may also be terminated or cancelled without cancelling the bond as an entirety:
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(a)
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60 days after receipt by the lnsured of written notice from the Underwriter of its desire t o terminate or cancel coverage under this Rider, or
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(b)
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immediately upon receipt by the Underwriter of a written request from the lnsured to terminate or cancel coverage under this Rider.
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11.
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Section 4-LOSS-NOTICE-PROOF-LEGAL PROCEEDING of the Conditions and Limitations of this bond is amended by adding the following sentence:
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12.
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Not withstanding the foregoing, however, coverage afforded by this Rider is not designed t o provide protection against loss covered under a separate Electronic and Computer Crime Policy by whatever title assigned or by whatever Underwriter written. Any loss which is covered under such separate Policy is excluded from coverage under this bond; and the lnsured agrees t o make claim for such loss under its separate Policy.
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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1.
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The attached bond is amended t o include the following insuring agreement:
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2.
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The Limit of Liability on the Agreement is $100,000 subject to a deductible of $5,000.
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3.
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Nothing herein contained shall be held t o vary, alter, waive or extend any of the terms, limitations, conditions or agreements of the attached policy other than as above stated.
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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1.
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Email Reporting of claims: In addition to the postal address set forth for any Notice of Claim Reporting under this policy, such notice may also be given in writing pursuant to the policy's other terms and conditions to the lnsurer by email at the following email address:
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2.
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Definitions: For this endorsement only, the following definitions shall apply:
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(a)
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"lnsurer" means the "lnsurer," "Underwriter" or "Company" or other name specifically ascribed in this policy as the insurance company or underwriter for this policy.
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(b)
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"Notice of Claim Reporting" means "notice of claim/circumstance," "notice of loss" or other reference in the policy designated for reporting of claims, loss or occurrences or situations that may give rise or result in loss under this policy.
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(c)
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"Policy" means the policy, bond or other insurance product to which this endorsement is attached.
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3.
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This endorsement does not apply to any Kidnap & Ransom/Extortion Coverage Section, if any, provided by this policy.
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2-14057
99758 (08/08)
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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2-14057
89644 (7/05)
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
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FORM NUMBER | EDITION | FORM TITLE | ||
DATE | ||||
MANUSCRIPT |
INVESTMENT COMPANY BLANKET BOND DEC PAGE
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AMENDED FIDELITY
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REPRESENTATION OF INSURED
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AMEND DEFINITION OF EMPLOYEE
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UNCOLLECTIBLE lTEMS OF DEPOSIT
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INSURING AGREEMENT J - COMPUTER SYSTEMS
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UNAUTHORIZED SIGNATURES
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99758 | 08/08 |
NOTICE OF CLAIM (REPORTING BY E-MAIL)
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89644 | 07/05 |
COVERAGE TERRITORY ENDORSEMENT (OFAC)
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78859 | 10/01 |
FORMS INDEX ENDORSEMENT
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ADDITIONAL INSURED RIDER
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2-14057
78859 (10/01)
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRESENTATIVE
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1.
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Item 1 of the Declarations, "Name of Insured (herein called Insured)," is amended to include the following entity as an additional lnsured under the attached bond:
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Additional Insured:
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MVC Private Equity Fund, L.P.
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Principal Address:
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287 Bowman Avenue
2nd Floor
Purchase, NY 10577
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2.
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Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated.
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2-14057
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NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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AUTHORIZED REPRENTATIVE
|