Re:
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Golub Capital BDC, Inc.
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CIK# 0001476765
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![]() For All the Commitments You Makeâ
125 Broad Street – 8th Floor, New York, NY 10004
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Declarations
FINANCIAL INSTITUTION BOND
STANDARD FORM #14
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CUSTOMER NUMBER
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DATE ISSUED
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242180
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07/17/2017
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POLICY NUMBER
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COVERAGE IS PROVIDED BY
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PRODUCER NO.
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425129596
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Continental Insurance Company
(herein called ‘Underwriter’)
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700401
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NAMED INSURED AND ADDRESS
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PRODUCER NAME AND ADDRESS
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Item 1.
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Golub Capital BDC, Inc. (herein called ‘Insured’)
150 South Wacker DriveSuite 800
Chicago, IL 60606
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Crystal IBC LLC
Katherine Minami
32 Old Slip
New York, NY 10005
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Item 2.
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Bond Period: from 12:01 a.m. on 5/30/2017 to 12:01 a.m. on 5/30/2018 standard time.
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Item 3.
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The Aggregate Limit of Liability of the Underwriter during the Bond Period shall be $1,500,000.
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Item 4. | Subject to Section 4 and 11 hereof, | ||
the Single Loss Limit of Liability is | $1,500,000. | ||
and the Single Loss Deductible is | $15,000. | ||
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.
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Amount applicable to: |
Single Loss
Limit of Liability
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Single Loss
Deductible
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Fidelity - Blanket
Premises
Transit
Forgery or Alteration Securities
Counterfeit Currency
Computer Systems Fraud
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$1,500,000
$1,500,000
$1,500,000
$1,500,000
$1,500,000
$1,500,000
$1,500,000
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$0
$15,000
$15,000
$15,000
$15,000
$15,000
$15,000
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Item 5. |
The liability of the Underwriter is subject to the terms of the following riders attached hereto:
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SR 6196
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Ed. 12/93
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Computer Systems Fraud Insuring Agreement
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G-145184-A | Ed. 06/03 | Economic & Trade Sanctions Conditions | |
GSL8766XX | Ed. 09/07 | Growth In Size Provisions Endorsement With No Deductible Or Aggregate Limit For Investment Companies |
![]() For All the Commitments You Makeâ
125 Broad Street – 8th Floor, New York, NY 10004
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Declarations
FINANCIAL INSTITUTION BOND
STANDARD FORM #14
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Item 6.
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Notice of claim should be sent to the Underwrite at:
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CNA - Claims Reporting
P.O Box 8317
Chicago, IL 60680-8317
Email Address: SpecialtyNewLoss@cna.com
Fax Number: 866-773-7504
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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.
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(A) |
Loss resulting directly from dishonest or fraudulent acts committed by an Employee acting alone or in collusion with others.
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(a) |
to cause the Insured to sustain such loss; and
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(b) |
to obtain financial benefit for the Employee and which, in fact, result in obtaining such benefit.
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(B) | (1) | Loss of Property resulting directly from |
(a) |
robbery, burglary, misplacement, mysterious unexplainable disappearance and damage thereto or destruction thereof, or
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(b) |
theft, false pretenses, common-law or statutory larceny, committed by a person present in an office or on the premises of the Insured,
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(2) |
Loss of or damage to
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(a) |
furnishings, fixtures, supplies or equipment within an office of the Insured covered under this bond resulting directly from larceny or theft in, or by burglary or robbery of, such office, or attempt thereat, or by vandalism or malicious mischief, or
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(b) |
such office resulting from larceny or theft in, or by burglary or robbery of such office or attempt thereat, or to the interior of such office by vandalism or malicious mischief.
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(i) |
the Insured is the owner of such furnishings, fixtures, supplies, equipment, or office or is liable for such loss or damage, and
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(ii) |
the loss is not caused by fire.
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(C) |
Loss of Property resulting directly from robbery, common-law or statutory larceny, theft, mis-placement, mysterious unexplainable disappearance, being lost or made away with, and damage thereto or destruction thereof, while the Property is in transit anywhere in the custody of
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(a) |
a natural person acting as a messenger of the Insured (or another natural person acting as messenger or custodian during an emergency arising from the incapacity of the original messenger), or
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(b) |
a Transportation Company and being transported in an armored motor vehicle, or
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(c) |
a Transportation Company and being transported in a conveyance other than an armored motor vehicle provided that covered Property transported in such manner is limited to the following:
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(i) |
records, whether recorded in writing or electronically, and
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(ii) |
Certified Securities issued in registered form and not endorsed, or with restrictive endorsements, and
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(iii) |
Negotiable Instruments not payable to bearer, or not endorsed, or with restrictive endorsements.
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(D) |
Loss resulting directly from
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(1) |
Forgery or alteration of, on or in any Negotiable Instrument (except an Evidence of Debt), Acceptance, Withdrawal Order, receipt for the withdrawal of Property, Certificate of Deposit or Letter of Credit.
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(2) |
transferring, paying or delivering any funds or Property or establishing any credit or giving any value on the faith of any written instructions or advices directed to the Insured and authorizing or acknowledging the transfer, payment, delivery or receipt of funds or Property, which instructions or advices purport to have been signed or endorsed by any customer of the Insured or by any financial institution but which instructions or advices either bear a signature which is a Forgery or have been altered without the knowledge and consent of such customer or financial institution.
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(E) |
Loss resulting directly from the insured having, in good faith, for its own account or for the account of others
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(1) |
acquired, sold or delivered, or given value, extended credit or assumed liability, on the faith of, any original
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(a) |
Certificated Security,
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(b) |
deed, mortgage or other instrument conveying title to, or creating or discharging a lien upon, real property.
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(c) |
Evidence of Debt,
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(d) |
Instruction to a Federal Reserve Bank of the United States, or
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(e) |
Statement of Uncertificated Security of any Federal Reserve Bank of the United States
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(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
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(ii) |
is altered, or
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(iii) |
is lost or stolen;
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(2) |
guaranteed in writing or witnessed any signature upon any transfer, assignment, bill of sale, power of attorney, Guarantee, or any items listed in (a) through (c) above.
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(3) |
acquired, sold or delivered, or given value, extended credit or assumed liability, on the faith of any item listed in (a) and (b) above which is a Counterfeit.
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(F) |
Loss resulting directly from the receipt by the Insured, in good faith, of any Counterfeit Money of the United States of America, Canada or of any other country in which the Insured maintains a branch office.
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A. |
Loss sustained by any nominee organized by the Insured for the purpose of handling certain of its business transactions and composed exclusively of its Employees shall, for all the purposes of this bond and whether or not any partner of such nominee is implicated in such loss, be deemed to be loss sustained by the Insured.
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B. |
If the Insured shall, while this bond is in force, establish any additional offices, other than by consolidation or merger with, or purchase or acquisition of assets or liabilities of, another institution, such offices shall be automatically covered hereunder from the date of such establishment without the requirement of notice to the Underwriter or the payment of additional premium for the remainder of the premium period.
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(a) |
has occurred or will occur in offices or premises, or
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(b) |
has been caused or will be caused by an employee or employees of such institution, or
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(c) |
has arisen or will arise out of the assets or liabilities
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(i) |
give the Underwriter written notice of the proposed consolidation, merger or purchase or acquisition of assets or liabilities prior to the proposed effective date of such action and
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(ii) |
obtain the written consent of the Underwriter to extend the coverage provided by this bond to such additional offices or premises, Employees and other exposures, and
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(iii) |
upon obtaining such consent, pay to the Underwriter an additional premium.
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C. |
When the Insured learns of a change in control, it shall give written notice to the Underwriter.
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D. |
The Insured represents that the information furnished in the application for this bond is complete, true and correct. Such application constitutes part of this bond.
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E. |
If two or more Insureds are covered under this bond, the first named Insured shall act for all Insureds. Payment by the Underwriter to the first named Insured of loss sustained by any Insured shall fully release the Underwriter on account of such loss. If the first named Insured ceases to be covered under this bond, the Insured next named shall thereafter be considered as the first named Insured. Knowledge possessed or discovery made by any Insured shall constitute knowledge or discovery by all Insureds for all purposes of this bond. The liability of the Underwriter for loss or losses sustained by all Insureds shall not exceed the amount for which the Underwriter would have been liable had all such loss or losses been sustained by one Insured.
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F. |
The Insured shall notify the Underwriter at the earliest practicable moment, not to exceed 30 days after notice thereof, of any legal proceeding brought to determine the Insured’s 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.
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(a) |
Acceptance means a draft which the drawee has, by signature written thereon, engaged to honor as presented.
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(b) |
Certificate of Deposit means an acknowledgment in writing by a financial institution of receipt of Money with an engagement to repay it.
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(d) |
Certificated Security means a share, participation or other interest in property of or an enterprise of the issuer or an obligation of the issuer, which is:
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(1) |
represented by an instrument issued in bearer or registered form;
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(2) |
of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and
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(3) |
either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations.
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(d) |
Counterfeit means an imitation of an actual valid original which is intended to deceive and to be taken as the original.
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(e) |
Employee means
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(1) |
a natural person in the service of the Insured at any of the Insured’s offices or premises covered hereunder whom the Insured compensates directly by salary or commissions and whom the Insured has the right to direct and control while performing services for the Insured;
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(2) |
an attorney retained by the Insured and an employee of such attorney while either is performing legal services for the Insured;
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(3) |
a person provided by an employment contractor to perform employee duties for the Insured under the Insured’s supervision at any of the Insured’s offices or premises covered hereunder, and a guest student pursuing studies or duties in any of said offices or premises;
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(4) |
an employee of an institution merged or consolidated with the Insured prior to the effective date of this bond;
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(5) |
each natural person, partnership or corporation authorized by the Insured to perform services as data processor of checks or other accounting records of the Insured (not including preparation or modification of computer software or programs), herein called Processor. (Each such Processor, and the partners, officers and employees of such Processor shall, collectively, be deemed to be one Employee for all the purposes of this bond, excepting, however, the second paragraph of Section 12. A Federal Reserve Bank or clearing house shall not be construed to be a processor.); and
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(6) |
a Partner of the Insured, unless not covered as stated in Item 4 of the Declarations.
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(f) |
Evidence of Debt means an instrument, including a Negotiable Instrument, executed by a customer of the Insured and held by the Insured which in the regular course of business is treated as evidencing the customer’s debt to the Insured.
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(g) |
Financial Interest in the Insured of the Insured’s general partner(s), or limited partner(s), committing dishonest or fraudulent acts covered by this bond or concerned or implicated therein means:
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(1) |
as respects general partners the value of all right, title and interest of such general partner(s), determined as of the close of business on the date of discovery of loss covered by this bond, in the aggregate of:
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(a) |
the “net worth” of the Insured, which for the purposes of this bond, shall be deemed to be the excess of its total assets over its total liabilities, without adjustment to give effect to loss covered by this bond, (except that credit balances and equities in proprietary accounts of the Insured, which shall include capital accounts of partners, investment and trading accounts of the Insured, participations of the Insured in joint accounts, and accounts of partners which are covered by agreements providing for the inclusion of equities therein as partnership property, shall not be considered as liabilities) with securities, spot commodities, commodity future contracts in such proprietary accounts and all other assets marked to market or fair value and with adjustment for profits and losses at the market of contractual commitments for such proprietary accounts of the Insured; and
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(b) |
the value of all other Money, securities and property belonging to such general partner(s), or in which such general partner(s) have a pecuniary interest, held by or in the custody of and legally available to the Insured as setoff against loss covered by this bond;
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(2) |
as respects limited partners the value of such limited partner’s(’) investment in the Insured.
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(h) |
Forgery means the signing of the name of another person or organization with intent to deceive; it does not mean a signature which consists in whole or in part of one’s own name signed with or without authority, in any capacity, for any purpose.
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(i) |
Guarantee means a written undertaking obligating the signer to pay the debt of another to the Insured or its assignee or to a financial institution from which the Insured has purchased participation in the debt, if the debt is not paid in accordance with its terms.
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(j) |
Instruction means a written order to the issuer of an Uncertificated Security requesting that the transfer, pledge, or release from pledge of the Uncertificated Security specified be registered.
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(k) |
Letter of Credit means an engagement in writing by a bank or other person made at the request of a customer that the bank or other person will honor drafts or other demands for payment upon compliance with the conditions specified in the Letter of Credit.
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(l) |
Money means a medium of exchange in current use authorized or adopted by a domestic or foreign government as a part of its currency.
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(m) |
Negotiable Instrument means any writing
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(1) |
signed by the maker or drawer; and
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(2) |
containing any unconditional promise or order to pay a sum certain in Money and no other promise, order, obligation or power given by the maker or drawer; and
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(3) |
is payable on demand or at a definite time; and
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(4) |
is payable to order or bearer.
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(n) |
Partner means a natural person who
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(1) |
is a general partner of the Insured, or
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(2) |
is a limited partner and an Employee (as defined in Section 1(e)(1) of the bond) of the Insured.
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(o) |
Property means Money, Certificated Securities, Uncertificated Securities of any Federal Reserve Bank of the United States, Negotiable Instruments, Certificates of Deposit, documents of title, Acceptances, Evidences of Debt, security agreements, Withdrawal Orders, certificates of origin or title, Letters of Credit, insurance policies, abstracts of title, deeds and mortgages on real estate, revenue and other stamps, tokens, unsold state lottery tickets, books of account and other records whether recorded in writing or electronically, gems, jewelry, precious metals of all kinds and in any form, and tangible items of personal property which are not herein before enumerated.
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(p) |
Statement of Uncertificated Security means a written statement of the issuer of an Uncertificated Security containing:
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(1) |
a description of the Issue of which the Uncertificated Security is a part;
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(2) |
the number of shares or units:
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(a) |
transferred to the registered owner;
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(b) |
pledged by the registered owner to the registered pledgee;
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(c) |
released from pledge by the registered pledgee;
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(d) |
registered in the name of the registered owner on the date of the statement; or
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(e) |
subject to pledge on the date of the statement;
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(3) |
the name and address of the registered owner and registered pledgee;
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(4) |
a notation of any liens and restrictions of the issuer and any adverse claims to which the Uncertificated Security is or may be subject or a statement that there are none of those liens, restrictions or adverse claims; and
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(5) |
the date:
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(a) |
the transfer of the shares or units to the new registered owner of the shares or units was registered;
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(b) |
the pledge of the registered pledgee was registered, or
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(c) |
of the statement, if it is a periodic or annual statement.
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(q) |
Transportation Company means any organization which provides its own or leased vehicles for transportation or which provides freight forwarding or air express services.
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(r) |
Uncertificated Security means a share, participation or other interest in property of or an enterprise of the issuer or an obligation of the issuer, which is:
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(1) |
not represented by an instrument and the transfer of which is registered upon books maintained for that purpose by or on behalf of the issuer;
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(2) |
of a type commonly dealt in on securities exchanges or markets; and
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(3) |
either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations.
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(s) |
Withdrawal Order means a nonnegotiable instrument, other than an Instruction, signed by a customer of the Insured authorizing the Insured to debit the customer’s account in the amount of funds stated therein.
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(a) |
loss resulting directly or indirectly from forgery or alteration, except when covered under Insuring Agreements (A), (D), or (E);
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(b)
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loss due to riot or civil commotion outside the United States of America and Canada; or loss due to military, naval or usurped power, war or insurrection unless such loss occurs in transit in the circumstances recited in Insuring Agreement (C), and unless, when such transit was initiated, there was no knowledge of such riot, civil commotion, military, naval or usurped power, war or insurrection on the part of any person acting for the Insured in initiating such transit;
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(c) |
loss resulting directly or indirectly from the effects of nuclear fission or fusion or radioactivity; provided, however, that this paragraph shall not apply to loss resulting from industrial uses of nuclear energy;
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(d) |
loss resulting from any act or acts of any person who is a member of the Board of Directors of the Insured or a member of any equivalent body by whatsoever name known unless such person is also an Employee or an elected official of the Insured in some other capacity, nor, in any event, loss resulting from the act or acts of any person while acting in the capacity of a member of such Board or equivalent body;
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(e) |
loss resulting directly or indirectly from the complete or partial nonpayment of, or default upon, any loan or transaction involving the Insured as a lender or borrower, or extension of credit, including the purchase, discounting or other acquisition of false or genuine accounts, invoices, notes, agreements or Evidences of Debt, whether such loan, transaction or extension was procured in good faith or through trick, artifice, fraud or false pretenses, except when covered under Insuring Agreements (A), (D) or (E);
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(f) |
loss resulting from any violation by the Insured or by any Employee
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(1) |
of law regulating (i) the issuance, purchase or sale of securities, (ii) securities transactions upon security exchanges or over the counter market, (iii) investment companies, or (iv) investment advisers, or
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(2) |
of any rule or regulation made pursuant to any such law, unless it is established by the Insured that the act or acts which caused the said loss involved fraudulent or dishonest conduct which would have caused a loss to the Insured in a similar amount in the absence of such laws, rules or regulations;
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(g) |
loss resulting directly or indirectly from the failure of a financial or depository institution, or its receiver or liquidator, to pay or deliver, on demand of the Insured, funds or Property of the Insured held by it in any capacity, except when covered under Insuring Agreements (A) or (B)(1)(a);
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(h) |
loss caused by an Employee, except when covered under Insuring Agreement (A) or when covered under Insuring Agreement (B) or (C) and resulting directly from misplacement, mysterious unexplainable disappearance or destruction of or damage to Property;
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(i) |
loss resulting directly or indirectly from transactions in a customer’s account, whether authorized or unauthorized, except the unlawful withdrawal and conversion of Money, securities or precious metals, directly from a customer’s account by an Employee provided such unlawful withdrawal and conversion is covered under Insuring Agreement (A);
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(j) |
damages resulting from any civil, criminal or other legal proceeding in which the Insured is alleged to have engaged in racketeering activity except when the Insured establishes that the act or acts giving rise to such damages were committed by an Employee under circumstances which result directly in a loss to the Insured covered by Insuring Agreement (A). For the purposes of this exclusion, “racketeering activity” is defined in 18 United States Code 1961 et seq., as amended;
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(k) |
loss resulting directly or indirectly from the use or purported use of credit, debit, charge, access, convenience, identification, cash management or other cards
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(1) |
in obtaining credit or funds, or
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(2) |
in gaining access to automated mechanical devices which, on behalf of the Insured, disburse Money, accept deposits, cash checks, drafts or similar written instruments or make credit card loans, or
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(3) |
in gaining access to point of sale terminals, customer‑bank communication terminals, or similar electronic terminals of electronic funds transfer systems,
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(l) |
loss involving automated mechanical devices which, on behalf of the Insured, disburse Money, accept deposits, cash checks, drafts or similar written instruments or make credit card loans, except when covered under Insuring Agreement (A);
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(m) |
loss through the surrender of Property away from an office of the Insured as a result of a threat
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(1) |
to do bodily harm to any person, except loss of Property in transit in the custody of any person acting as messenger provided that when such transit was initiated there was no knowledge by the Insured of any such threat, or
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(2) |
to do damage to the premises or property of the Insured, except when covered under Insuring Agreement (A);
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(n) |
loss resulting directly or indirectly from payments made or withdrawals from a depositor’s or customer’s account involving erroneous credits to such account, unless such payments or withdrawals are physically received by such depositor or customer or representative of such depositor or customer who is within the office of the Insured at the time of such payment or withdrawal, or except when covered under Insuring Agreement (A);
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(o) |
loss involving items of deposit which are not finally paid for any reason, including but not limited to Forgery or any other fraud, except when covered under Insuring Agreement (A);
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(p) |
loss resulting directly or indirectly from counterfeiting, except when covered under Insuring Agreements (A), (E) or (F);
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(q) |
loss of any tangible item of personal property which is not specifically enumerated in the paragraph defining Property if such property is specifically insured by other insurance of any kind and in any amount obtained by the Insured, and in any event, loss of such property occurring more than 60 days after the Insured takes possession of such property, except when covered under Insuring Agreements (A) or (B)(2);
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(r) |
loss of Property while
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(1) |
in the mail, or
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(2) |
in the custody of any Transportation Company, unless covered under Insuring Agreement (C),
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(s) |
potential income, including but not limited to interest and dividends, not realized by the Insured or by any customer of the Insured;
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(t) |
damages of any type for which the Insured is legally liable, except compensatory damages, but not multiples thereof, arising directly from a loss covered under this bond;
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(u) |
all fees, costs and expenses incurred by the Insured
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(1) |
in establishing the existence of or amount of loss covered under this bond, or
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(2) |
as a party to any legal proceeding whether or not such legal proceeding exposes the Insured to loss covered by this bond;
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(v) |
indirect or consequential loss of any nature;
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(w) |
loss involving any Uncertificated Security except an Uncertificated Security of any Federal Reserve Bank of the United States or when covered under Insuring Agreement (A);
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(x) |
loss resulting directly or indirectly from any dishonest or fraudulent act or acts committed by any non-Employee who is a securities, commodities, money, mortgage, real estate, loan, insurance, property management, investment banking broker, agent or other representative of the same general character;
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(y) |
loss caused directly or indirectly by a Partner of the Insured unless the amount of such loss exceeds the Financial Interest in the Insured of such Partner and the Deductible Amount applicable to this bond, and then for the excess only;
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(z) |
loss resulting directly or indirectly from any actual or alleged representation, advice, warranty or guarantee as to the performance of any investments;
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(a) |
The Underwriter shall have no further liability for loss or losses regardless of when discovered and whether or not previously reported to the Underwriter, and
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(b) |
The Underwriter shall have no obligation under General Agreement F to continue the defense of the Insured, and upon notice by the Underwriter to the Insured that the Aggregate Limit of Liability has been exhausted, the Insured shall assume all responsibility for its defense at its own cost.
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(a) |
any one act or series of related acts of burglary, robbery or attempt thereat, in which no Employee is implicated, or
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(b) |
any one act or series of related unintentional or negligent acts or omissions on the part of any person (whether an Employee or not) resulting in damage to or destruction or misplacement of Property, or
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(c) |
all acts or omissions other than those specified in (a) and (b) preceding, caused by any person (whether an Employee or not) or in which such person is implicated, or
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(d) |
any one casualty or event not specified in (a), (b) or (c) preceding.
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(a) |
At the earliest practicable moment, not to exceed 30 days, after discovery of loss, the Insured shall give the Underwriter notice thereof.
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(b) |
Within 6 months after such discovery, the Insured shall furnish to the Underwriter proof of loss, duly sworn to, with full particulars.
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(c) |
Lost Certificated Securities listed in a proof of loss shall be identified by certificate or bond numbers if such securities were issued therewith.
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(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.
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(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.
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(f) |
This bond affords coverage only in favor of the Insured. No suit, action or legal proceedings shall be brought hereunder by any one other than the named Insured.
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(a) |
In the event of payment under this bond, the Insured shall deliver, if so requested by the Underwriter, an assignment of such of the Insured’s rights, title and interest and causes of action as it has against any person or entity to the extent of the loss payment.
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(b) |
In the event of payment under this bond, the Underwriter shall be subrogated to all of the Insured’s rights of recovery therefor against any person or entity to the extent of such payment.
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(c) |
Recoveries, whether effected by the Underwriter or by the Insured, shall be applied net of the expense of such recovery first to the satisfaction of the Insured’s loss which would otherwise have been paid but for the fact that it is in excess of either the Single or Aggregate Limit of Liability, secondly, to the Underwriter as reimbursement of amounts paid in settlement of the Insured’s claim, and thirdly, to the Insured in satisfaction of any Deductible Amount. Recovery on account of loss of securities as set forth in the second paragraph of Section 6. or recovery from reinsurance and/or indemnity of the Underwriter shall not be deemed a recovery as used herein.
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(d) |
Upon the Underwriter’s request and at reasonable times and places designated by the Underwriter the Insured shall
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(1) |
submit to examination by the Underwriter and subscribe to the same under oath; and
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(2) |
produce for the Underwriter’s examination all pertinent records; and
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(3) |
cooperate with the Underwriter in all matters pertaining to the loss.
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(e) |
The Insured shall execute all papers and render assistance to secure to the Underwriter the rights and causes of action provided for herein. The Insured shall do nothing after discovery of loss to prejudice such rights or causes of action.
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1. |
The attached bond is amended by adding an Insuring Agreement as follows:
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(1) |
entry of Electronic Data or Computer Program into, or
|
(2) |
change of Electronic Data or Computer Program within
|
(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.
|
2. |
In addition to the Conditions and Limitations in the bond, the following, applicable to the Computer Systems Fraud Insuring Agreement, are added:
|
(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;
|
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.
425129596
|
Issued to:
|
Effective date of
this rider/endorsement
|
(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
|
(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.
|
(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;
|
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.
425129596
|
Issued to:
|
Effective date of
this rider/endorsement
|
(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 customer’s authentication mechanism;
|
(E) |
loss resulting directly or indirectly from the theft of confidential information.
|
3. |
The exclusion below, found in financial institution bonds forms 14 and 25, does not apply to the Computer Systems Fraud Insuring Agreement.
|
COMPUTER SYSTEMS FRAUD INSURING AGREEMENT
|
FOR USE WITH FINANCIAL INSTITUTION BONDS, STANDARD FORMS NOS. 14, 15 AND 25.
ADOPTED DECEMBER, 1993.
|
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.
425129596
|
Issued to:
|
Effective date of
this rider/endorsement
|
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.
|
1. |
CONDITIONS AND LIMITATIONS, Section B. ADDITIONAL OFFICES OR EMPLOYEES – CONSOLIDATION, MERGER OR PURCHASE OF ASSETS – NOTICE is amended by the addition of the following:
|
2. | CONDITIONS AND LIMITATIONS | , Section 1. DEFINITIONS is amended to add the following new Definitions: |
3. |
CONDITIONS AND LIMITATIONS, Section 4. LIMIT OF LIABILITY, the paragraphs relating to the Aggregate Limit of Liability and any reference to it throughout this Policy, is deleted in its entirety.
|
4. |
The Declarations Page, Item 4. is amended to add the following new language:
|
GSL8768XX (9-07)
|
Policy No:
|
425129596
|
Page 1
|
Endorsement No:
|
3
|
Continental Insurance Company
|
Effective Date:
|
05/30/2017
|
Insured Name: Golub Capital BDC, Inc.
|
||
© CNA All Rights Reserved.
|
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)
|
GSL8768XX (9-07)
|
Policy No:
|
425129596
|
Page 2
|
Endorsement No:
|
3
|
Continental Insurance Company
|
Effective Date:
|
05/30/2017
|
Insured Name: Golub Capital BDC, INC.
|
||
© CNA All Rights Reserved.
|
|
/s/ Ross A. Teune
|
|
|
Name: Ross A. Teune
|
|
|
Title: Chief Financial Officer and Treasurer
|
|
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