September 13, 2018
VIA EDGAR
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
Re: | THL Credit, Inc. File No. 814-00789 |
Rule 17g-1(g) Fidelity Bond Filing
Dear Sir or Madam:
On behalf of THL Credit, Inc. (the Corporation), a company that has elected to be regulated as a business development company under the Investment Company Act of 1940 (the 1940 Act), I am filing the following documents pursuant to Rule 17g-1 under the 1940 Act:
a) | a Certificate of the Secretary of the Corporation containing the resolutions of a majority of the board of directors who are not interested persons of the Corporation (as defined in the 1940 Act), attached hereto as Exhibit A, approving the amount, type, form and coverage of the joint fidelity bond and a statement as to the period for which premiums have been paid. |
b) | a copy of the Corporations joint insured fidelity bond, attached hereto as Exhibit B; and |
c) | a copy of the joint fidelity bond agreement between the Corporation and all of the other named insureds, attached hereto as Exhibit C (the Agreement). |
The Corporation would have provided and maintained a single insured bond in the amount of at least $900,000 had it not been named as an insured under a joint insured bond. The Corporation will continue to pay its portion of a premium, as approved by THL Credits Board of Directors, for a $1.0 million bond for the policy period, June 29, 2018 to June 29, 2019.
Very truly yours, |
THL Credit, Inc. |
/s/ Sabrina Rusnak-Carlson |
Sabrina Rusnak-Carlson |
Secretary |
CERTIFICATE
The undersigned, Sabrina Rusnak-Carlson, Secretary of THL Credit, Inc., a Delaware corporation (the Corporation), does hereby certify that:
1. | This certificate is being delivered to the Securities and Exchange Commission (the SEC) in connection with the filing of the Corporations fidelity bond (the Bond) pursuant to Rule 17g-1 of the Investment Company Act of 1940, as amended, and the SEC is entitled to rely on this certificate for purposes of the filing. |
2. | The undersigned is the duly elected, qualified and acting Secretary of the Corporation, and together with other executive officers of the Corporation has custody of the corporate records of the Corporation and is a proper officer to make this certification. |
3. | Attached hereto as Exhibit A is a copy of the resolutions approved by the Board of Directors of the Corporation, including a majority of the Board of the Directors who are not interested persons of the Corporation, approving the amount, type, form and coverage of the Bond. |
4. | Premiums are being paid for the period June 29, 2018 to June 29, 2019. |
IN WITNESS WHEREOF, the undersigned has caused this certificate to be executed this 13th day of September, 2018.
/s/ Sabrina Rusnak-Carlson |
Sabrina Rusnak-Carlson |
Secretary |
EXHIBIT A
Ratification of Joint Investment Fidelity Institution Bond
WHEREAS, the Company is insured under an investment company blanket bond issued by AON Corporation (the Bond) insuring the Company as well as Advisors, against loss in the cumulative aggregate amount of $1,000,000;
WHEREAS, the Board ratifies entry into such Bond based on its prior determination of the adequacy of the Bond based on due consideration to (1) the amount and type of coverage provided by the Bond, (2) the value of the assets of the Company which any person covered by the Bond may have access, (3) the type and terms of the arrangements made by the Company for the custody and safekeeping of its assets of each of the Company, (4) the nature of the securities in the Companys portfolio, (5) the nature and method of conducting the operations of the Company and (6) the accounting procedures and controls of Company; and
WHEREAS, the Board has considered the portion of the premium to be paid by the Company with due consideration to: (1) the number of other parties named as insured; (2) the nature of the business activities of such other parties named as insured; (3) the amount of the Bond; (4) the amount of the premium for the Bond; (5) the basis for allocation of the premium among all parties named as insureds; (6) the extent to which the share of the premium allocated to the Company is less than the premium the Company would have had to pay if it had provided and maintained a single insured bond.
RESOLVED, that $900,000 is determined to be a reasonable amount of fidelity bond coverage to be maintained by the Company in accordance with Section 17(g) of, and Rule 17g-1 under, the Investment Company Act of 1940, as amended (the 1940 Act);
RESOLVED, that the form of the Bond is ratified and approved; and
RESOLVED, that the proposed portion of the premium for the Bond shall be allocated as follows: (i) 75% to the Company for the first $900,000 of coverage, (ii) 25% to Advisors for the first $900,000 of coverage and (iii) 100% to Advisors for the remaining $100,000 of incremental coverage; such allocation is fair and reasonable; and is ratified and approved.
EXHIBIT B
For All the Commitments You Make® 125 Broad Street 8th Floor, New York, NY 10004 |
Declarations FINANCIAL INSTITUTION BOND STANDARD FORM #14 |
CUSTOMER NUMBER |
DATE ISSUED | |||
697931
|
09/12/2018
| |||
POLICY NUMBER | COVERAGE IS PROVIDED BY | PRODUCER NO. | ||
652012475 |
Continental Insurance Company (herein called Underwriter) |
776961 |
NAMED INSURED AND ADDRESS |
PRODUCER NAME AND ADDRESS | |||
Item 1. |
THL Credit Inc. and THL Credit Advisors, LLC (herein called Insured) 100 Federal Street, Floor 31 Boston, MA 02110
|
AON RISK SERVICES NORTHEAST, INC. Margo Bugniazet 199 WATER ST FL 8 NEW YORK, NY 10038
|
Item 2. | Bond Period: from 12:01 a.m. on 6/29/2018 to 12:01 a.m. on 6/29/2019 standard time. |
Item 3. | The Aggregate Limit of Liability of the Underwriter during the Bond Period shall be $1,000,000. |
Item 4. | Subject to Section 4 and 11 hereof, |
the Single Loss Limit of Liability is $1,000,000.
and the Single Loss Deductible is $50,000.
Provided, however, that if any amounts are inserted below opposite specified Insuring Agreements or Coverage, those amounts shall be controlling. Any amount set forth below shall be part of and not in addition to amounts set forth above.
Amount applicable to: |
Single Loss Limit of Liability |
Single Loss Deductible |
||||||
FidelityBlanket |
$ | 1,000,000 | $ | 50,000 | ||||
Premises |
$ | 1,000,000 | $ | 50,000 | ||||
Transit |
$ | 1,000,000 | $ | 50,000 | ||||
Forgery or Alteration |
$ | 1,000,000 | $ | 50,000 | ||||
Securities |
$ | 1,000,000 | $ | 50,000 | ||||
Counterfeit Currency |
$ | 1,000,000 | $ | 50,000 | ||||
Central Handling of Securities |
$ | 1,000,000 | $ | 50,000 | ||||
Computer Systems Fraud |
$ | 1,000,000 | $ | 50,000 | ||||
Facsimile Signatures |
$ | 1,000,000 | $ | 50,000 | ||||
Telefacsimile Transfer Fraud |
$ | 1,000,000 | $ | 50,000 | ||||
Voice Initiated Transfer Fraud |
$ | 1,000,000 | $ | 50,000 | ||||
Uncollectible Items of Deposit |
$ | 100,000 | $ | 10,000 | ||||
Audit Expense |
$ | 25,000 | $ | 2,500 | ||||
Claims Expense |
$ | 25,000 | $ | 2,500 |
F-30098-Bc
Ed. Date 6/98
For All the Commitments You Make® 125 Broad Street 8th Floor, New York, NY 10004 |
Declarations FINANCIAL INSTITUTION BOND STANDARD FORM #14 |
If Not Covered is inserted above opposite any specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage any other reference thereto in this bond shall be deemed to be deleted therefrom.
Item 5. | The liability of the Underwriter is subject to the terms of the following riders attached hereto: |
SR 5907a Insuring Agreement (G) Rider
SR 5967e Central Handling of Securities
SR 6196 Computer Systems Fraud Insuring Agreement
G-145184-A Economic & Trade Sanctions Conditions
FIG-4000-A Amend Sec.5 Notice/ProofLegal Proceedings Against Underwriter
FIG-4002-A Amend Sec.3 Discovery
FIG-4003-A Amend Sec.12 Termination or Cancelationnotice
FIG-4006-A Amend G.A. D Representation of Insuredintentional
FIG-4010-A Amend Sec.2 Exclusion (j)adjudication
FIG-4021-A Amend G.A. F Notice of Legal Proceeding...
FIG-4026-A Amend Ins. Agr.(A) Fidelity
FIG-4029-A Fidelity Claims Expense
FIG-4034-A Fidelity Audit Expense Coverage
FIG-4041-FD Uncertificated Securities
GSL-11675-XX Telefacsimile Transfer Fraud Endorsement
GSL-18202-XX Amend General Agreement B Written Notice Requirement
GSL-3895-XX Voice Initiated Transfer Fraud
GSL-7132 Trade and Economic Sanctions Endorsement
PRO-4190-A Uncollectible Items of Deposit Endorsement
SR 6145b ERISA Rider
CNA-80617-XX Fraudulent Transfer Instructions Rider
CNA-84943-XX Social Engineering Fraud Insuring Agreement Coverage Rider
CNA-93664-XX Fraudulent Mortgages Insuring Agreement Rider
CNA-93665-XX Amend Deductible For Investment Company Rider
CNA-93747-XX Amend Termination or Cancellation Rider
G-145126-AC Policyholder Notice Economic And Trade Sanctions Conditions
Item 6. | Notice of claim should be sent to the Underwriter at: |
CNA Claims Reporting P.O Box 8317 Chicago, IL 60680-8317 Email Address: SpecialtyNewLoss@cna.com Fax Number: 866-773-7504 |
Item 7. | The Insured by acceptance of this bond gives notice to the Underwriter terminating or canceling prior bond(s) No(s). N/A, such termination or cancelation to be effective as of the time this bond becomes effective. |
F-30098-Bc
Ed. Date 6/98
For All the Commitments You Make® 125 Broad Street 8th Floor, New York, NY 10004 |
Declarations FINANCIAL INSTITUTION BOND STANDARD FORM #14 |
IN WITNESS WHEREOF, the Underwriter has caused this bond to be signed by its Chairman and Secretary, at Chicago, Illinois, but the same shall not be binding upon the Underwriter unless countersigned by a duly authorized representative of the Underwriter.
By | Countersigned by | |||||||
Attorney-in-fact | Authorized Representative | |||||||
Authorized Representative |
F-30098-Bc
Ed. Date 6/98
FINANCIAL INSTITUTION BOND
Standard Form No. 14, Revised to October, 1987
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
TSB 5062b | Page 1 of 7 |
GENERAL AGREEMENTS
TSB 5062b | Page 2 of 7 |
CONDITIONS AND LIMITATIONS
TSB 5062b | Page 3 of 7 |
TSB 5062b | Page 4 of 7 |
TSB 5062b | Page 5 of 7 |
TSB 5062b | Page 6 of 7 |
In witness whereof, the Underwriter has caused this bond to be executed on the Declarations page.
TSB 5062b | Page 7 of 7 |
INSURING AGREEMENT (G) FACSIMILE SIGNATURE COVERAGE
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; |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
1 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 2
SR 5907a
(ED. 11/88)
(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). |
INSURING AGREEMENT (G) RIDER
FOR USE WITH FINANCIAL INSTITUTION BOND, STANDARD FORM NO. 14, WHEN ISSUED TO AN ELIGIBLE INSURED TO ADD INSURING AGREEMENT (G) TO PERMIT THE USE OF FACSIMILE SIGNATURES AS THE SIGNATURE TO AN ASSIGNMENT OR TO A POWER OF SUBSTITUTION.
REVISED TO NOVEMBER, 1988. |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
1 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 2 of 2
SR 5907a
(ED. 11/88)
CENTRAL HANDLING OF SECURITIES
It is agreed that:
1. | Those premises of Depositories listed in the following Schedule shall be deemed to be premises of the Insured but only as respects coverage on Certificated Securities: |
SCHEDULE
DEPOSITORY | LOCATION COVERED |
Any Depositories used by the Insured
2. | Certificated Securities held by such Depository shall be deemed to be Property as defined in the attached bond to the extent of the Insureds interest therein as effected by the making of appropriate entries on the books and records of such Depository. |
3. | The attached bond does not afford coverage in favor of any Depository listed in the Schedule above. When the Underwriter indemnifies the Insured for a loss covered hereunder, the Insured will assign the rights and causes of action to the extent of the claim payment against the Depository, or any other entity or person against whom it has a cause of action, to the Underwriter. |
4. | If the rules of the Depository named in the Schedule above provide that the Insured shall be assessed for a portion of the judgment (or agreed settlement) taken by the Underwriter based upon the assignment set forth in part 3 above and the Insured actually pays such assessment, then the Underwriter will reimburse the Insured for the amount of the assessment but not exceeding the amount of loss payment by the Underwriter. |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
2 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 2
SR 5967e
(ED. 10/87)
CENTRAL HANDLING OF SECURITIES
FOR USE WITH FINANCIAL INSTITUTION BONDS, STANDARD FORMS NOS. 14, 24 AND 25 TO SCHEDULE THE PREMISES OF DEPOSITORIES.
REVISED TO OCTOBER, 1987. |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
2 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 2 of 2
SR 5967e
(ED. 10/87)
COMPUTER SYSTEMS FRAUD
It is agreed that:
1. | The attached bond is amended by adding an Insuring Agreement as follows: |
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
(i) | Property to be transferred, paid or delivered, |
(ii) | an account of the Insured, or of its customer, to be added, deleted, debited or credited, or |
(iii) | an unauthorized account or a fictitious account to be debited or credited. |
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.
2. | In addition to the Conditions and Limitations in the bond, the following, applicable to the Computer Systems Fraud Insuring Agreement, are added: |
DEFINITIONS
(A) | 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; |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
3 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 3
SR 6196
(ED. 12/93)
(B) | Computer System means |
(1) | computers with related peripheral components, including storage components wherever located, |
(2) | systems and applications software, |
(3) | terminal devices, and |
(4) | related communication networks |
by which Electronic Data are electronically collected, transmitted, processed, stored and retrieved;
(C) | 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. |
EXCLUSIONS
(A) | loss resulting directly or indirectly from the assumption of liability by the Insured by contract unless the liability arises from a loss covered by the Computer Systems Fraud Insuring Agreement and would be imposed on the Insured regardless of the existence of the contract; |
(B) | 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; |
(C) | 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, or |
(2) | failure or breakdown of electronic data processing media, or |
(3) | error or omission in programming or processing; |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
3 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 2 of 3
SR 6196
(ED. 12/93)
(D) | 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; |
(E) | loss resulting directly or indirectly from the theft of confidential information. |
SERIES OF LOSSES
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 individual and in that event shall be treated as a Single Loss and subject to the Single Loss Limit of Liability.
3. | The exclusion below, found in financial institution bonds forms 14 and 25, does not apply to the Computer Systems Fraud Insuring Agreement. |
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);
Accepted:
COMPUTER SYSTEMS FRAUD INSURING AGREEMENT
FOR USE WITH FINANCIAL INSTITUTION BONDS, STANDARD FORMS NOS. 14, 15 AND 25.
ADOPTED DECEMBER, 1993. |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
3 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 3 of 3
SR 6196
(ED. 12/93)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ECONOMIC AND TRADE SANCTIONS CONDITION
The following condition is added to the Policy:
ECONOMIC AND TRADE SANCTIONS CONDITION
In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy is void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following:
1. | Any insured under this Policy, or any person or entity claiming the benefits of such insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions; |
2. | Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government, where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions; |
3. | Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions; |
4. | Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country Government, where any activities related to such property are prohibited by U.S. economic or trade sanctions; or |
5. | Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to U.S. economic or trade sanctions. |
As used in this endorsement a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Departments Office of Foreign Asset Control (O.F.A.C.) as it may be from time to time amended.
As used in this endorsement a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America.
ENDORSEMENT NUMBER: 4
POLICY NUMBER: 652012475
ISSUED TO: THL Credit Inc. and THL Credit Advisors, LLC
EFFECTIVE DATE OF ENDORSEMENT: 06/29/2018
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown above.
By Authorized Representative |
(No signature is required if this endorsement is issued with the Policy or if it is effective on the Policy Effective Date)
G-145184-A (Ed. 6/03)
Page 1 of 1
AMEND SECTION 5. NOTICE/PROOF-LEGAL PROCEEDINGS AGAINST UNDERWRITER
It is agreed that:
Section 5. NOTICE/PROOF-LEGAL PROCEEDINGS AGAINST UNDERWRITER is deleted in its entirety and replaced with the following:
NOTICE/PROOFLEGAL PROCEEDINGS AGAINST UNDERWRITER
Section 5.
(a) | At the earliest practicable moment, not to exceed 60 after discovery of loss, the Insured shall give the Underwriter notice thereof. |
(b) | Within 60 days 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 anyone other than the named Insured. |
All other provisions of this bond remain unchanged.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
5 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 1
FIG-4000-A
(ED. 06/98)
AMEND SECTION 3. DISCOVERY
It is agreed that:
Section 3. DISCOVERY is deleted in its entirety and replaced with the following:
DISCOVERY
Section 3.
This bond applies to loss discovered by the Insured during the Bond Period. Discovery occurs when CFO, COO or General Counsel of 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 CFO, COO, or General Counsel 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.
All other provisions of this bond remain unchanged
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
6 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 1
FIG-4002-A
(ED. 06/98)
AMEND SECTION 12. TERMINATION OR CANCELATION
It is agreed that:
Section 12. TERMINATION OR CANCELATION is deleted in its entirety and replaced with the following:
TERMINATION OR CANCELLATION
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.
All other provisions of this bond remain unchanged.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
7 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 1
FIG-4003-A
(ED. 06/98)
AMEND GENERAL AGREEMENT D. REPRESENTATION OF INSURED
It is agreed that:
General Agreement D. REPRESENTATION OF INSURED is deleted in its entirety and replaced with the following:
REPRESENTATION OF INSURED
D. The Insured represents that the information furnished in the application for this bond is true and correct. Such application shall constitute a part of this bond.
Any intentional misrepresentation, omission, concealment or incorrect statement of a material fact, in the application or otherwise, shall be grounds for the rescission of this bond.
All other provisions of this bond remain unchanged.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
8 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 1
FIG-4006-A
(ED. 06/98)
AMEND SECTION 2. EXCLUSIONS
It is agreed that:
Exclusion (j) is deleted in its entirety and replaced with the following:
(j) damages resulting from any civil, criminal or other legal proceeding in which the Insured has been 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 this bond remain unchanged.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
9 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 1
FIG-4010-A
(ED. 06/98)
AMEND GENERAL AGREEMENT F. NOTICE OF LEGAL
PROCEEDINGS AGAINST INSURED ELECTION TO DEFEND
It is agreed that:
General Agreement F. NOTICE OF LEGAL PROCEEDINGS AGAINST INSURED ELECTION TO DEFEND is deleted in its entirety and replaced with the following:
NOTICE OF LEGAL PROCEEDINGS AGAINST INSURED ELECTION TO DEFEND
F. The shall notify the Underwriter at the earliest practicable moment, not to exceed 60 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 covered loss 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 (thirty) 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 proceeding for the recovery of such loss after the expiration of 24 (twenty-four) months from the date of such final judgment or settlement.
All other provisions of this bond remain unchanged.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
10 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 1
FIG-4021-A
(ED. 06/98)
AMEND INSURING AGREEMENT A. FIDELITY
It is agreed that:
Insuring Agreements A. FIDELITY is deleted in its entirety and replaced with the following:
FIDELITY
(A) Loss resulting directly from dishonest or fraudulent acts committed by an Employee of the Insured, whether committed alone or in collusion with others, with the intent:
(a) | to cause the Insured to sustain such loss, or |
(b) | to obtain Financial Benefit for the Employee of the Insured, or another person or entity acting in collusion with such Employee. |
Notwithstanding the foregoing, however, it is agreed that with regard to Trading and Lending, this bond covers only loss resulting directly from dishonest or fraudulent acts committed by an Employee of the Insured, provided that the Employee acted with the intent to cause the Insured to sustain a loss and to obtain a Financial Benefit for the Employee.
As used throughout this Insuring Agreement (A):
Financial Benefit does not include any employee benefits, including: salaries, commissions, fees, bonuses, promotions, awards, profit sharing, or pensions, and the term Funds or Property does not include any Loan.
Lending means the process by which a Loan is made.
Loan means all extensions of credit by the Insured and all transactions creating a creditor or lessor relationship in favor of the Insured, including all repurchase agreements or reverse repurchase agreements, and all transactions by which the Insured assumes an existing creditor or lessor relationship, and includes all such extensions of credit whether authorized or unauthorized.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
11 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 2
FIG-4026-A
(ED. 06/98)
Trade means any actual, fictitious, genuine or non-genuine, authorized or unauthorized purchase (other than any repurchase agreement or reverse repurchase agreement), exchange or sale transaction, with or without the knowledge of the Insured in the name of the Insured or otherwise, whether or not represented by any indebtedness or balance shown to be due the Insured on any account.
Trading means the process by which a Trade is made.
All other provisions of this bond remain unchanged.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
11 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 2 of 2
FIG-4026-A
(ED. 06/98)
CLAIMS EXPENSE COVERAGE
It is agreed that:
1. Insuring Agreement (A) FIDELITY is amended by adding the following:
CLAIMS EXPENSE Coverage $50,000 with respect to any Single Loss; however, such Limit of Liability shall be part of and not in addition to the Single Loss Limit of Liability shown in Item 4 of the Declarations.
Reasonable and necessary expenses incurred and paid by the Insured, with prior approval from the Underwriter, in preparing any claim for a loss payable pursuant to Insuring Agreement (A) FIDELITY, but which loss exceeds the Single Loss Deductible for Insuring Agreement (A) FIDELITY shown in Item 4 of the Declarations.
2. | Section 2(u). EXCLUSIONS is deleted in its entirety and replaced with the following: |
(u) all fees, costs and expenses incurred by the Insured
(1) in establishing the existence or amount of loss covered under this bond, except to the extent covered under Insuring Agreement (A) FIDELITY entitled CLAIMS EXPENSE, or
(2) as a party to any legal proceeding whether or not such legal proceeding exposes the Insured to loss covered under this bond.
All other provisions of this bond remain unchanged.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
12 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 1
FIG-4029-A
(ED. 06/98)
AUDIT EXPENSE COVERAGE
1. | Insuring Agreement (A) FIDELITY is amended by adding the following: |
AUDIT EXPENSE Limit of Liability $50,000 for audits or examinations with respect to any Single Loss; however, such Limit of Liability shall be part of and not in addition to the Single Loss Limit of Liability shown in Item 4 of the Declarations.
Necessary expense incurred by the Insured for that part of the cost of audits or examination required by State or Federal supervisory authorities to be conducted either by such authorities or by independent accountants by reason of the discovery of loss payable pursuant to Insuring Agreement (A) FIDELITY, but loss which exceeds the Single Loss Deductible shown in Item 4 of the Declarations.
2. | Section 2(u). EXCLUSIONS is deleted in its entirety and replaced with the following: |
(u) | all fees, costs and expenses incurred by the Insured |
(1) | in establishing the existence or amount of loss covered under this bond, except to the extent covered under Insuring Agreement (A) FIDELITY entitled CLAIMS EXPENSE, or |
(2) | as a party to any legal proceeding whether or not such legal proceeding exposes the Insured to loss covered under this bond. |
All other provisions of this bond remain unchanged.
This endorsement, which forms a part of and is for attachment to the following described Policy issued by the designated Insurers takes effect on the effective date of said Policy, unless another effective date is shown below, at the hour stated in said Policy and expires concurrently with said Policy.
Must be Completed | Complete Only When This Endorsement Is Not Prepared with the Policy or is Not to be Effective with the Policy | |||||||
ENDT. NO.
13 |
POLICY NO.
652012475 |
ISSUED TO |
EFFECTIVE DATE OF THIS ENDORSEMENT |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 1
CNA INSURANCE COMPANIES
FIG-4034-A
(ED. 09/99)
UNCERTIFICATED SECURITIES
It is agreed that:
1. | Insuring Agreement (E) SECURITIES is deleted in its entirety and replaced with the following: |
SECURITIES
(E) | Loss resulting 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, |
(c) | Evidence of Debt, |
(d) | written Instruction, |
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 |
(ii) | is altered, or |
(iii) | is lost or stolen; |
(2) | guaranteed in writing or witnessed any signature upon transfer, assignment, bill of sale, power of attorney, Guarantee, endorsement of any items listed in (a) through (d) 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 Counterfeit. |
Actual physical possession of the items listed in (a) through (d) above by the Insured or its correspondent bank or other authorized representative is a condition precedent to the Insureds having relied on the faith of such items
A mechanically reproduced facsimile signature is treated the same as a handwritten signature.
2. | Section 2. EXCLUSION (w) is deleted in its entirety and replaced with the following: |
(w) | loss involving any Uncertificated Security except when covered under Insuring Agreement (A) or (E), |
3. | Section 1. DEFINITIONS is amended by deleting (h) in its entirety and replaced with the following: |
This endorsement, which forms a part of and is for attachment to the following described Policy issued by the designated Insurers takes effect on the effective date of said Policy, unless another effective date is shown below, at the hour stated in said Policy and expires concurrently with said Policy.
Must be Completed | Complete Only When This Endorsement Is Not Prepared with the Policy or is Not to be Effective with the Policy | |||||||
ENDT. NO.
14 |
POLICY NO.
652012475 |
ISSUED TO |
EFFECTIVE DATE OF THIS ENDORSEMENT |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 2
CNA INSURANCE COMPANIES
FIG-4041-FD
(ED. 07/98)
(h) | Forgery and Forged 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. |
4. | Section 1. DEFINITIONS is amended by deleting (j) in its entirety and replaced with the following: |
(j) | Instruction means an order to the issuer of an Uncertificated Security requesting that the transfer, pledge or release from pledge or the Uncertificated Security specified therein be registered. |
5. | Section 1. DEFINITIONS is amended by deleting (o) in its entirety and replacing it with the following: |
(o) | Property means Money, Certificated Securities, Initial Transaction Statement, Statement of Uncertificated, 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 in bars or ingots, and tangible items of personal property which are not hereinbefore enumerated. |
6. | Section 1. DEFINITIONS is amended by adding the following: |
(t) | Initial Transaction Statement means the first written statement signed by or on behalf of the issuer of an Uncertificated Security sent to the registered owner or registered pledgee containing: |
(1) | a description of the issue of which the Uncertificated Security is a part; and |
(2) | the number of shares or units transferred to the registered owner, pledged by the registered owner tot he registered pledgee, or released from pledge by the registered pledgee; and |
(3) | the name, address and taxpayer identification number, if any, of the registered owner and registered pledgee; and |
(4) | the date of transfer pledge or release was registered. |
All other provisions of this bond remain unchanged.
This endorsement, which forms a part of and is for attachment to the following described Policy issued by the designated Insurers takes effect on the effective date of said Policy, unless another effective date is shown below, at the hour stated in said Policy and expires concurrently with said Policy.
Must be Completed | Complete Only When This Endorsement Is Not Prepared with the Policy or is Not to be Effective with the Policy | |||||||
ENDT. NO.
14 |
POLICY NO.
652012475 |
ISSUED TO |
EFFECTIVE DATE OF THIS ENDORSEMENT |
Countersigned by | ||||||
Authorized Representative |
Page 2 of 2
CNA INSURANCE COMPANIES
FIG-4041-FD
(ED. 07/98)
TELEFACSIMILE TRANSFER FRAUD ENDORSEMENT
In consideration of the premium paid for this Policy, it is understood and agreed that the attached bond is amended by adding an Insuring Agreement as follows:
TELEFACSIMILE TRANSFER FRAUD
Loss resulting directly from the Insured having, in good faith, transferred or delivered Funds, Certificated Securities or Uncertificated Securities through a Computer System covered under the terms of the Computer System Fraud Insuring Agreement in reliance upon a fraudulent instruction received through a Telefacsimile Device, and which instruction
(1) | purports and reasonably appears to have originated from |
(a) | a Customer of the Insured, |
(b) | another financial institution, or |
(c) | another office of the Insured |
but, in fact, was not originated by the Customer or entity whose identification it bears; and
(2) | contains a valid test code which proves to have been used by a person who was not authorized to make use of it. |
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below.
By Authorized Representative __________________________________________________________________________________
(No signature is required if issued with the Policy or if it is effective on the Policy Effective Date)
GSL11675XX (12-08) | Policy No: | 652012475 | ||
Page 1 | Endorsement No: | 15 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
AMEND GENERAL AGREEMENT B. WRITTEN NOTICE REQUIREMENT
In consideration of the premium paid for this policy, it is understood and agreed that It is agreed that General Agreement B. ADDITIONAL OFFICES OR EMPLOYEES CONSOLIDATION, MERGER OR PURCHASE OF ASSETS NOTICE subparagraph (i) is deleted in its entirety and replaced with the following:
(i) | give the Underwriter written notice within 90 days of such action and notice is waived for acquisitions and mergers that represent less than 25% of your assets and |
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
GSL18202XX (3-10) | Policy No: | 652012475 | ||
Page 1 | Endorsement No: | 16 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
VOICE INITIATED TRANSFER FRAUD
It is agreed that:
1. | The attached bond is amended by adding an Insuring Agreement as follows: |
VOICE INITIATED TRANSFER FRAUD
Loss resulting directly from the Insured having, in good faith, transferred Funds from a Customers account through a Computer System covered under the terms of the Computer System Fraud Insuring Agreement in reliance upon a fraudulent voice instruction transmitted by telephone which was purported to be from:
(1) | an officer, director, partner or employee of a Customer of the Insured who was authorized by the Customer to instruct the Insured to make such transfer, |
(2) | an individual person who is a Customer of the Insured, or |
(3) | an Employee of the Insured in another office of the Insured who was authorized by the Insured to instruct other Employees of the Insured to transfer Funds, and was received by an Employee of the Insured specifically designated to receive and act upon such instructions, |
but the voice instruction was not from a person described in (1), (2), or (3) above, provided that there are Standing Voice Initiated Transfer Instructions, and:
i. | the request came in via email or fax; and |
ii. | the Insured spoke to the customer and confirmed that the wire request came from an authorized individual; and |
iii. | the Insured initialed the wire transfer request and wrote the name of the authorized individual with whom they confirmed the wire transfer; and |
iv. | the Insured verified that the e-mail request or fax request originated from the e-mail address or fax number consistent with past practice; |
or, there are no Standing Voice Initiated Transfer Instructions and the Insured obtained an original signed Letter of Authorization and has met paragraphs i. through iv. Above.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below.
By Authorized Representative __________________________________________________________________________________
(No signature is required if issued with the Policy or if it is effective on the Policy Effective Date)
GSL3895XX (3-08) | Policy No: | 652012475 | ||
Page 1 | Endorsement No: | 17 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
TRADE AND ECONOMIC SANCTIONS ENDORSEMENT
In consideration of the premium paid, a new condition is added to the policy as follows:
This policy does not provide coverage for Insureds, transactions or that part of Loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below.
By Authorized Representative __________________________________________________________________________________
(No signature is required if issued with the Policy or if it is effective on the Policy Effective Date)
GSL7132 (10-04) | Policy No: | 652012475 | ||
Page 1 | Endorsement No: | 18 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
UNCOLLECTIBLE ITEMS OF DEPOSIT COVERAGE
In consideration of the premium paid, it is agreed that the Bond is amended as follows:
1. | The following term is added to Section I. DEFINITIONS of the CONDITIONS AND LIMITATIONS section: |
Items of Deposit means one or more checks or drafts drawn upon a financial institution in the United States of America.
2. | The following language is added to the INSURING AGREEMENTS section as follows: |
UNCOLLECTIBLE ITEMS OF DEPOSIT COVERAGE
Loss resulting directly from payments of dividends or fund shares, or withdrawals from a customers account as direct result of Items of Deposit which are not paid for any reason, including but not limited to Forgery or any other fraud, except when covered under Insuring Agreement (A).
In order for coverage to apply under this Insuring Agreement, the Insured must hold Items of Deposit for the minimum number of days before permitting any redemptions or withdrawals, issuing any shares or paying any dividends with respect to such Items of Deposit.
Items of Deposit shall not be deemed uncollectible until the Insureds standard collection procedures have failed.
3. | The following is added to Section 2, EXCLUSIONS: |
| 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. |
4. | The following is added to Section 4, LIMIT OF LIABILITY: |
Solely with respect to any Loss resulting from Uncollectible Items of Deposit, the following shall apply:
$100,000 | Single Loss Limit of Liability | |
$100,000 | Annual Aggregate | |
$10,000 | Single Loss Deductible |
All other provisions of the Bond remain unchanged.
ENDORSEMENT NUMBER: 19
POLICY NUMBER: 652012475
ISSUED TO: THL Credit Inc. and THL Credit Advisors, LLC
EFFECTIVE DATE OF ENDORSEMENT: 06/29/2018
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown above.
By Authorized Representative ________________________________________________________________________
(No signature is required if this endorsement is issued with the Policy or if it is effective on the Policy Effective Date)
PRO-4190-A (ED. 03/04)
Page 1 of 1
ERISA RIDER
It is agreed that:
1. | Employee as used in the attached bond shall include any natural person who is a director or trustee of the Insured while such director or trustee is engaged in handling funds or other property of any Employee Welfare or Pension Benefit Plan owned, controlled or operated by the Insured or any natural person who is a trustee, manager, officer or employee of any such Plan. |
2. | If the bond, in accordance with the agreements, limitations and conditions thereof, covers loss sustained by two or more Employee Welfare or Pension Benefit Plans or sustained by any such Plan in addition to loss sustained by an Insured other than such Plan, it is the obligation of the Insured or the Plan Administrator(s) of such Plans under Regulations published by the Secretary of Labor implementing Section 13 of the Welfare and Pension Plans Disclosure Act of 1958 to obtain under one or more bonds issued by one or more Insurers an amount of coverage for each such Plan at least equal to that which would be required if such Plans were bonded separately. |
3. | In compliance with the foregoing, payment by the Company in accordance with the agreements, limitations and conditions of the bond shall be held by the Insured, or, if more than one, by the Insured first named, for the use and benefit of any Employee Welfare or Pension Benefit Plan sustaining loss so covered and to the extent that such payment is in excess of the amount of coverage required by such Regulations to be carried by said Plan sustaining such loss, such excess shall be held for the use and benefit of any other such Plan also covered in the event that such other Plan discovers that it has sustained loss covered thereunder. |
4. | If money or other property of two or more Employee Welfare or Pension Benefit Plans covered under the bond is commingled, recovery for loss of such money or other property through fraudulent or dishonest acts of Employees shall be shared by such Plans on a pro rata basis in accordance with the amount for which each such Plan is required to carry bonding coverage in accordance with the applicable provisions of said Regulations. |
5. | The Deductible Amount of this bond applicable to loss sustained by a Plan through acts committed by an Employee of the Plan shall be waived, but only up to an amount equal to the amount of coverage required to be carried by the Plan because of compliance with the provisions of the Employee Retirement Income Security Act of 1974. |
6. | Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the bond, other than as stated herein. |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
20 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 1 of 2
SR 6145b
(ED. 6/90)
Accepted:
ERISA RIDER TO COMPLY WITH BONDING REGULATIONS MADE APPLICABLE TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. NOTE: This rider should not be used for any insured exempted from the bonding provisions of the Act. REVISED TO JUNE, 1990. |
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
Must Be Completed | Complete only when this
rider/endorsement is not prepared with the bond/policy or is not to be effective with the bond/policy | |||||||
Rider/Endorsement No.
20 |
Policy No.
652012475 |
Issued to: |
Effective date of this rider/endorsement |
Countersigned by | ||||||
Authorized Representative |
Page 2 of 2
SR 6145b
(ED. 6/90)
FRAUDULENT TRANSFER INSTRUCTIONS RIDER
SCHEDULE
Single Loss Limit of Liability | $25,000 | |
Single Loss Deductible | $10,000 | |
Amount of Transfer Above Which Verification is Required | $10,000 |
In consideration of the premium charged it is understood and agreed that the bond is amended as follows:
I. | The section entitled INSURING AGREEMENTS, is amended to add the following new Insuring Agreement: |
| FRAUDULENT TRANSFER INSTRUCTIONS RIDER |
Loss resulting directly from the Insured having, in good faith, transferred Money on deposit in a Customers account, or a Customers Certificated Securities, in reliance upon a fraudulent instruction transmitted to the Insured via telefacsimile, telephone, or electronic mail; provided, however that:
1. | The fraudulent instruction purports, and reasonably appears, to have originated from: |
a. | such Customer, |
b. | an Employee acting on instructions of such Customer; or |
c. | another financial institution acting on behalf of such Customer with authority to make such instructions; and |
2. | The sender of the fraudulent instruction verified the instruction with the password, PIN, or other security code of such Customer; and |
3. | The sender was not, in fact, such Customer, was not authorized to act on behalf of such Customer, and was not an Employee of the Insured; and |
4. | The instruction was received by an Employee of the Insured specifically authorized by the Insured to receive and act upon such instructions; and |
5. | For any transfer exceeding the amount set forth in paragraph III. of this Rider, 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 other verification procedure approved in writing by the Underwriter; and |
6. | The Insured preserved a contemporaneous record of the call back, if any, and of the instruction which verifies use of the authorized password, PIN or other security code of the Customer. |
As used in this Rider, Customer means a natural person or entity which has a written agreement with the Insured authorizing the Insured to transfer Money on deposit in an account or Certificated Securities in reliance upon instructions transmitted to the Insured via the means utilized to transmit the fraudulent instruction.
Provided always, it shall be a condition precedent to coverage under this Insuring Agreement that the Insured assert any available claims, offsets or defenses against such Customer, any financial institution or any other party to the transaction.
II. | Solely with respect to the coverage provided by this Insuring Agreement, the section entitled CONDITIONS AND LIMITATIONS, the paragraph entitled EXCLUSIONS is amended to add the following new exclusions: |
CNA80617XX (11-14) | Policy No: | 652012475 | ||
Page 1 | Endorsement No: | 21 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
| 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 such Customers password, PIN or other security code; and |
| 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 procedure 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. |
III. | Solely with respect to the coverage provided by this Insuring Agreement, the section entitled CONDITIONS AND LIMITATIONS, the paragraph entitled LIMIT OF LIABILITY is amended to add the following new paragraph: |
The Single Loss Limit of Liability and Single Loss Deductible applicable to loss under this Insuring Agreement are set forth in the Schedule. Provided always, the Liability of the Underwriter under this Insuring Agreement shall be a part of, not in addition to, the Aggregate Limit of Liability of this Bond.
For purposes of this Insuring Agreement, all loss or losses involving one natural person or 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 Single Loss.
Provided always, the amount of any single transfer for which verification via a call back will be required is set forth on the Schedule.
All other terms and conditions of the Bond remain unchanged.
This rider, which forms a part of and is for attachment to the Bond issued by the designated Insurers, takes effect on the effective date of said Bond at the hour stated in said Bond, unless another effective date is shown below, and expires concurrently with said Bond.
CNA80617XX (11-14) | Policy No: | 652012475 | ||
Page 2 | Endorsement No: | 21 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
SOCIAL ENGINEERING FRAUD INSURING AGREEMENT COVERAGE RIDER
It is understood and agreed that:
I. | Item 4. of the Declarations is amended by the addition of the following: |
SOCIAL ENGINEERING FRAUD INSURING AGREEMENT
| Single Loss Limit of Liability: $250,000 |
| Single Loss Deductible: $50,000 |
II. | The INSURING AGREEMENTS is amended to add the following new Insuring Agreement: |
SOCIAL ENGINEERING FRAUD INSURING AGREEMENT
Loss of Funds resulting directly from an Insured having, in good faith, transferred Funds from such Insureds account as a result of Social Engineering Fraud committed by a person or entity, who is not, but purports to be a Vendor or Employee.
III. | Solely with respect to the coverage provided by this Rider, the CONDITIONS AND LIMITATIONS, the section entitled DEFINITIONS is amended to add the following new definitions: |
Communication means an electronic, telefacsimile, telephone or written instruction received by the Insured that:
1. | establishes or changes the method, destination or account for payment or delivery of Funds; |
2. | contains a misrepresentation of a material fact; and |
3. | is relied upon by any Employee, believing it to be true. |
Funds means Money on deposit in an account with a credit balance.
Social Engineering Fraud means the intentional misleading of an Employee through the use of a Communication.
Vendor means a person or entity that has provided goods or services to the Insured under a genuine, pre-existing:
1. | written agreement; or |
2. | other arrangement. |
Vendor does not mean any financial institution, asset manager, armored motor vehicle company, automated clearinghouse, custodian, or similar entity.
IV. | Solely with respect to the coverage provided by this Rider, the CONDITIONS AND LIMITATIONS, the section entitled LIMIT OF LIABILITY, is amended to add the following: |
Provided always, the Single Loss Limit of Liability for the SOCIAL ENGINEERING FRAUD INSURING AGREEMENT as set forth in Paragraph I. of this Rider, is a sublimit of liability that is part of, and not in addition to, the Aggregate Limit of Liability set forth in Item 3. of the Declarations. In no way shall this sublimit serve to increase the Underwriters Aggregate Limit of Liability under this bond.
V. | Solely with respect to the coverage provided by this Rider, the CONDITIONS AND LIMITATIONS, the section entitled EXCLUSIONS is amended to add the following new exclusions: |
CNA84943XX (3-18) | Bond No: | 652012475 | ||
Page 1 | Rider No: | 22 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
| loss resulting directly or indirectly from any investment in securities, or ownership in any corporation, partnership, real property, or similar instrument, whether or not such investment is genuine; |
| loss resulting directly or indirectly from the failure, malfunction, illegitimacy, inappropriateness, or inadequacy of any product or service; |
| loss resulting directly or indirectly from the failure of any party to perform in whole or in part under any contract, provided that this exclusion shall not apply to any loss resulting from Social Engineering Fraud; |
| loss resulting directly or indirectly from any person or entitys use of or acceptance of any credit, debit or charge card or similar card or instrument, whether or not genuine; |
| loss resulting directly or indirectly from any gambling, game of chance, lottery or similar game; |
| loss resulting directly or indirectly from any actual, alleged or attempted kidnap or extortion or ransom demand; or |
| loss of or damage to Money or securities while in the mail or in the custody of any carrier for hire, including but not limited to any armored motor vehicle company. |
VI. | Solely with respect to the coverage provided by this Rider, the CONDITIONS AND LIMITATIONS, is amended to add the following new section: |
Loss Covered Under the SOCIAL ENGINEERING FRAUD INSURING AGREEMENT and Any Other Insuring Agreement
Notwithstanding anything in the bond to the contrary, in the event a loss is covered under the SOCIAL ENGINEERING FRAUD INSURING AGREEMENT and any other Insuring Agreement, such loss shall only be covered under the SOCIAL ENGINEERING FRAUD INSURING AGREEMENT and shall be excluded under any other Insuring Agreement.
All other terms and conditions of the Bond remain unchanged.
This rider, which forms a part of and is for attachment to the Bond issued by the designated Insurers, takes effect on the effective date of said Bond at the hour stated in said Bond, unless another effective date is shown below, and expires concurrently with said Bond.
CNA84943XX (3-18) | Bond No: | 652012475 | ||
Page 2 | Rider No: | 22 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
THL Credit Advisors LLC
FRAUDULENT MORTGAGES INSURING AGREEMENT RIDER
It is agreed that:
I. | Item 4. of the Declarations is amended by the addition of the following: |
FRAUDULENT MORTGAGES INSURING AGREEMENT |
| Single Loss Limit of Liability: $100,000 |
| Single Loss Deductible: $10,000 |
II. | The section entitled INSURING AGREEMENTS is amended to add the following new Insuring Agreement: |
FRAUDULENT MORTGAGES
Loss resulting directly from the Insureds having, in good faith and in the course of business in connection with any Loan, accepted or received or acted upon the faith of any real property mortgages, real property deeds of trust or like instruments pertaining to realty or assignments of such mortgages, deeds of trust or instruments which prove to have been defective by reason of the signature thereon of any person having been obtained through trick, artifice, fraud or false pretenses or the signature on the recorded deed conveying such real property to the mortgagor or grantor of such mortgage or deed of trust having been obtained by or on behalf of such mortgagor or grantor through trick, artifice, fraud or false pretenses.
III. | The CONDITIONS AND LIMITATIONS, Section 1. DEFINITIONS is amended to add the following new definition: |
Loan means all extensions of credit by the Insured and all transactions creating a creditor relationship in favor of the Insured and all transactions by which the Insured assumes an existing creditor relationship.
IV. | The CONDITIONS AND LIMITATIONS, Section 2. EXCLUSIONS, exclusion (e) is amended to add the following at the end: |
This exclusion does not apply to loss covered under the FRAUDULENT MORTGAGES INSURING AGREEMENT. |
V. | Solely with respect to the coverage provided by this Rider, the CONDITIONS AND LIMITATIONS, Section IV. LIMIT OF LIABILITY, is amended to add the following: |
Provided always, the Single Loss Limit of Liability for the FRAUDULENT MORTGAGES INSURING AGREEMENT as set forth in Paragraph I. of this Rider, is a sublimit of liability that is part of, and not in addition to, the Aggregate Limit of Liability set forth in Item 3. of the Declarations. In no way shall this sublimit serve to increase the Underwriters Aggregate Limit of Liability under this bond. |
All other terms and conditions of the Bond remain unchanged.
This rider, which forms a part of and is for attachment to the Bond issued by the designated Insurers, takes effect on the effective date of said Bond at the hour stated in said Bond, unless another effective date is shown below, and expires concurrently with said Bond.
CNA93664XX (8-18) | Bond No: | 652012475 | ||
Page 1 | Rider No: | 23 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
THL Credit Advisors LLC
AMEND DEDUCTIBLE FOR INVESMENT COMPANY RIDER
It is agreed that:
The following new section is added to the CONDITIONS AND LIMITATIONS, Section 11. DEDUCTIBLE AMOUNT:
Single Loss Deductible Amount Applicable to Any Investment Company
Solely with respect to any Investment Company listed on the below Schedule of Investment Companies, no Single Loss Deductible amount shall apply to any Single Loss covered under Insuring Agreement (A) FIDELITY.
Schedule of Investment Companies
THL Credit Advisors, LLC; THL Credit, Inc.
All other terms and conditions of the Bond remain unchanged.
This rider, which forms a part of and is for attachment to the Bond issued by the designated Insurers, takes effect on the effective date of said Bond at the hour stated in said Bond , unless another effective date is shown below, and expires concurrently with said Bond .
CNA93665XX (8-18) | Bond No: | 652012475 | ||
Page 1 | Rider No: | 24 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
THL Credit Advisors LLC
AMEND TERMINATION OR CANCELLATION RIDER
It is understood and agreed that the CONDITIONS AND LIMITATIONS part of the bond is amended by adding the following language at the end of the section that is entitled Section 12. TERMINATION OR CANCELATION:
No cancellation of this bond, whether by or at the request of the Insured or by the Underwriter, shall take effect prior to the expiration of 60 (sixty) days after written notice of such cancellation has been sent to the entity listed in the Schedule below, unless an earlier date of cancellation is approved by such parties. |
SCHEDULE |
U.S. Securities and Exchange Commission Division of Investment Management |
100 F. Street N.E. |
Washington, DC 20549 |
All other terms and conditions of the Bond remain unchanged.
This rider, which forms a part of and is for attachment to the Bond issued by the designated Insurers, takes effect on the effective date of said Bond at the hour stated in said Bond, unless another effective date is shown below, and expires concurrently with said Bond.
CNA93747XX (8-18) | Bond No: | 652012475 | ||
Page 1 | Rider No: | 25 | ||
Continental Insurance Company | Effective Date: | 06/29/2018 | ||
Insured Name: THL Credit Inc. and THL Credit Advisors, LLC | ||||
© CNA All Rights Reserved. |
POLICYHOLDER NOTICE
Economic and Trade Sanctions Conditions
Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century, our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong; it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such, we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control (OFAC) requirements.
Through a variety of laws, OFAC administers and enforces economic sanctions against countries and groups of individuals, such as terrorists and narcotics traffickers. These laws prohibit all United States citizens (including corporations and other entities) and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals (SDN) list. Because all U.S. citizens and companies are subject to this law, we wanted to be sure you were aware of its scope and restrictions. If you havent already done so, you may want to consider discussing this issue with your legal counsel to ensure you are in compliance.
For insurance companies, accepting premium from, issuing a policy to, insuring property of, or making a claim payment to an individual or entity that is the subject of U.S.-imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you.
The purpose of this letter is to advise you that your policy includes OFAC exclusionary policy language, which may reduce or eliminate certain coverage. Specifically, if it is determined that your policy violates certain Federal or State laws or regulations, such as the U.S. list of Specially Designated Nationals or Blocked Persons (organizations or individuals associated with terrorist groups), any term or condition of your policy will be null and void to the extent it violates the applicable laws or regulations of the United States.
Were sure you share our commitment to compliance and thank you for your cooperation.
Your policy language reads as follows:
ECONOMIC AND TRADE SANCTIONS CONDITION
The following condition is added to the Policy:
ECONOMIC AND TRADE SANCTIONS CONDITION
In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy is void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following:
1. | Any insured, or any person or entity claiming the benefits of an insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions; |
2. | Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government, where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions; |
3. | Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions; |
4. | Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country Government, where any activities related to such property are prohibited by U.S. economic or trade sanctions; or |
5. | Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to U.S. economic or trade sanctions. |
G-145126-AC (ED. 08/03) |
© CNA All Rights Reserved. | Page 1 of 2 |
As used in this notice a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Departments Office of Foreign Asset Control (OFAC) as it may be from time to time amended.
As used in this notice a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America.
THIS DISCLOSURE NOTICE DOES NOT PROVIDE COVERAGE NOR DOES THIS NOTICE REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGE AND PRICE OF YOUR POLICY. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS NOTICE, THE PROVISIONS OF THE POLICY SHALL PREVAIL. YOUR INDEPENDENT INSURANCE AGENT WILL BE ABLE TO EXPLAIN THE TERMS OF THE CONTRACT IN DETAIL.
G-145126-AC (ED. 08/03) |
© CNA All Rights Reserved. | Page 2 of 2 |
EXHIBIT C
THL CREDIT, INC.
THE CREDIT ADVISORS LLC
JOINT D&O INSURANCE POLICY AGREEMENT
&
FIDELITY BOND ALLOCATION AGREEMENT
AGREEMENT, made as of the 20th day of July, 2018 between THL Credit, Inc. and THL Credit Advisors LLC (each an Insured and together, the Insureds) pursuant to Rule 17g-1 under the Investment Company Act of 1940, as amended (the 1940 Act), relating to the Insureds joint Directors and Officers/Errors and Omissions Liability Insurance Policy (the Policy) and Joint Investment Fidelity Institution Bond (the Bond).
The undersigned hereby agree to pay the portion of the premiums for the Policy and the Bond in the amounts, as applicable, based upon the proportions as set forth on Annex A hereto.
The undersigned herby agree that in the event recovery is received under the Policy as a result of a loss sustained by one or more of the Insureds, each Insured entitled to share in such recovery shall receive an equitable and proportionate share of the recovery.
THL CREDIT, INC. |
/s/ Christopher J. Flynn |
Name: Christopher J. Flynn |
Title: Chief Executive Officer |
THL CREDIT ADVISORS LLC |
/s/ Terrence W. Olson |
Name: Terrence W. Olson |
Title: Chief Operations Officer & Chief Financial Officer |
ANNEX A
Policy Allocation:
Insured |
Percentage of Premiums | |
THL Credit, Inc. | 75% | |
THL Credit Advisors LLC | 25% |
Bond Allocation:
Insured |
Percentage of Premiums | |
THL Credit, Inc. | 75% for the first $900,000 of coverage and 0% for the remaining $100,000 of incremental coverage | |
THL Credit Advisors LLC | 25% for the first $900,000 of coverage and 100% for the remaining $100,000 of incremental coverage |