POLICYHOLDER NOTICE
Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.com/producer-compensation or by calling 1-800-706-3102.
91222 (9/16)
National Union Fire Insurance Company of Pittsburgh, Pa.
A capital stock company
POLICY NUMBER: 02-708-18-83 REPLACEMENT OF POLICY NUMBER: 03-981-06-75
INVESTMENT COMPANY BLANKET BOND
DECLARATIONS
Item 1. | Name of Insured (herein called Insured): NATIXIS FUNDS, LOOMIS SAYLES FUNDS |
Principal Address 888 Boylston Street
BOSTON, MA 02199
Item 2. | Bond Period: from 12:01a.m. 12/15/2020 to 12:01a.m. 12/15/2021 |
the effective date of the termination or cancellation of this bond, standard time at the Principal Address as to each of said dates.
Item 3. | Limit of Liability--Subject to Sections 9, 10 and 12 hereof, |
Amount applicable to | ||||
Limit of Liability
|
Deductible | |||
Insuring Agreement (A)-FIDELITY | $15,000,000 | NIL | ||
Insuring Agreement (B)-AUDIT EXPENSE | $250,000 | $50,000 | ||
Insuring Agreement (C)-ON PREMISES | $15,000,000 | $50,000 | ||
Insuring Agreement (D)-IN TRANSIT | $15,000,000 | $50,000 | ||
Insuring Agreement (E)-FORGERY OR ALTERATION | $15,000,000 | $50,000 | ||
Insuring Agreement (F)-SECURITIES | $15,000,000 | $50,000 | ||
Insuring Agreement (G)-COUNTERFEIT CURRENCY | $15,000,000 | $50,000 | ||
Insuring Agreement (H)-STOP PAYMENT | $500,000 | $50,000 | ||
Insuring Agreement (I)-UNCOLLECTIBLE ITEMS OF DEPOSIT | $15,000,000 | $50,000 | ||
Optional Insuring Agreements and Coverages: | $15,000,000 | $50,000 | ||
Insuring Agreement (J)-COMPUTER SYSTEMS FRAUD | $15,000,000 | $50,000 | ||
Insuring Agreement (K)-(DATA PROCESSING SERVICE OPERATIONS) | $15,000,000 | $50,000 | ||
Insuring Agreement (L)-(VOICE INITIATED TRANSFER FRAUD) | $15,000,000 | $50,000 |
If Not Covered is inserted above opposite any specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage and any other reference thereto in this bond shall be deemed to be deleted therefrom.
©All rights reserved.
41205 (03/95) |
1 |
Item 4. Offices or Premises Covered--Offices acquired or established subsequent to the effective date of this bond are covered according to the terms of General Agreement A. All the Insureds offices or premises in existence at the time this bond becomes effective are covered under this bond except the offices or premises located as follows: No Exceptions
Item 5. The liability of the Underwriter is subject to the terms of the following riders attached hereto:
#1, #2, #3, #4, #5, #6, #7, #8, #9, #10, & #11
Item 6. The Insured by the acceptance of this bond gives to the Underwriter terminating or cancelling prior bond(s) or policy(ies) No.(s) 03-981-06-75 such termination or cancellation to be effective as of the time this bond becomes effective.
©All rights reserved.
41205 (03/95) |
2 |
IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President, Secretary and Authorized Representative. This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer.
|
| |||
PRESIDENT National Union Fire Insurance Company of Pittsburgh, Pa. |
SECRETARY National Union Fire Insurance Company of Pittsburgh, Pa. |
AUTHORIZED REPRESENTATIVE
COUNTERSIGNED AT |
DATE |
COUNTERSIGNATURE |
MARSH USA INC. 99
HIGH STREET
BOSTON, MA 02110
1202783
©All rights reserved.
41205 (03/95) |
3 |
National Union Fire Insurance Company of Pittsburgh, Pa. ®
A capital stock company
INVESTMENT COMPANY BLANKET BOND
The Underwriter, in consideration of an agreed premium, and subject to the Declarations made a part hereof, the General Agreements, Conditions and Limitations and other terms of this bond, agrees with the Insured, in accordance with the Insuring Agreements hereof to which an amount of insurance is applicable as set forth in Item 3 of the Declarations and with respect to loss sustained by the Insured at any time but discovered during the Bond Period, to indemnify and hold harmless the Insured for:
INSURING AGREEMENTS
41206 (9/ 84) | 1 | © All rights reserved. |
41206 (9/ 84) | 2 | © All rights reserved. |
41206 (9/ 84) | 3 | © All rights reserved. |
GENERAL AGREEMENTS
41206 (9/ 84) | 4 | © All rights reserved. |
THE FOREGOING INSURING AGREEMENTS AND
GENERAL AGREEMENTS ARE SUBJECT TO
THE FOLLOWING CONDITIONS
AND LIMITATIONS:
41206 (9/ 84) | 5 | © All rights reserved. |
41206 (9/ 84) | 6 | © All rights reserved. |
41206 (9/ 84) | 7 | © All rights reserved. |
41206 (9/ 84) | 8 | © All rights reserved. |
41206 (9/ 84) | 9 | © All rights reserved. |
41206 (9/ 84) | 10 | © All rights reserved. |
41206 (9/ 84) | 11 | © All rights reserved. |
41206 (9/ 84) | 12 | © All rights reserved. |
41206 (9/ 84) | 13 | © All rights reserved. |
ENDORSEMENT# 1
This endorsement, effective at 12:01AM December 15, 2020 |
forms a part of | |
Policy number: 02-708-18-83 |
||
Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS |
By: | National Union Fire Insurance Company of Pittsburgh, Pa. |
AMENDED FIDELITY AGREEMENT
In consideration of the premium charged, it is hereby understood and agreed that:
1. | Insuring Agreement (A) FIDELITY is hereby deleted in its entirety and replaced with the following: |
(A) | FIDELITY |
Loss resulting directly from dishonest or fraudulent act(s), including Larceny or Embezzlement committed by an Employee, committed anywhere and whether committed alone or in collusion with others including loss of Property resulting from such acts of an Employee, which Property is held by the Insured for any purpose or in any capacity and whether or not the Insured is liable thereof.
Dishonest or fraudulent act(s) as used in this Insuring Agreement shall mean only dishonest or fraudulent act(s) committed by such Employee with the intent:
(a) | to cause the Insured to sustain such loss; or |
(b) | to obtain financial benefit for the Employee, or for any other person or organization intended by the Employee to receive such benefit, other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment. |
Notwithstanding the foregoing, however, it is agreed that with regard to Loans and/or Trading this bond covers only loss resulting directly from dishonest or fraudulent acts committed by an Employee with the intent to cause the Insured to sustain such loss and which results in a financial benefit for the Employee; or results in an improper financial benefit for another person or entity with whom the Employee committing the dishonest or fraudulent act was in collusion, provided that the Insured establishes that the Employee intended to participate in the financial benefit.
The word Loan as used in this Insuring Agreement means all extension 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.
©All rights reserved.
END 001
131545 (01/19) |
1 |
ENDORSEMENT# 1 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
The word Trading as used in this Insuring Agreement means trading or other dealings in securities, commodities, futures, options, foreign or Federal Funds, currencies, foreign exchange and the like.
As used in this Insuring Agreement, financial benefit does not include any salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions, or other employee benefits earned in the normal course of business.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limitations conditions or agreements of the attached policy other than as above stated.
|
AUTHORIZED REPRESENTATIVE |
©All rights reserved.
END 001
131545 (01/19) | 2 |
ENDORSEMENT# 2
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
PROTECTED INFORMATION EXCLUSION
This rider modifies insurance provided under the following:
BROKER-DEALER GUARD BOND
CREDIT UNION FINANCIAL INSTITUTION FIDELITY BOND
FINANCIAL INSTITUTIONS BOND, STANDARD FORM 14
FINANCIAL INSTITUTIONS BOND, STANDARD FORM 15
FINANCIAL INSTITUTIONS BOND, STANDARD FORM 24
FINANCIAL INSTITUTIONS BOND, STANDARD FORM 25
FOLLOW FORM BOND (EXCESS OVER A FIDELITY BOND)
INVESTMENT COMPANY BLANKET BOND
It is agreed that:
1. | Coverage shall not apply to any loss resulting directly or indirectly from the: (a) theft, disappearance or destruction of; (b) unauthorized use or disclosure of; (c) unauthorized access to; or (d) failure to protect any: |
(i) | confidential or non-public; or |
(ii) | personal or personally identifiable; |
information that any person or entity has a duty to protect under any law, rule or regulation, any agreement or any industry guideline or standard.
This exclusion shall not apply to the extent that any unauthorized use or disclosure of a password enables a theft by an Employee of the Insured of money, securities or tangible property of the Insured or that the Insured is holding for a third party; provided, however, this exception shall not apply to the extent that such unauthorized use or disclosure of a password enables a theft of or disclosure of information.
2. | Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. |
|
AUTHORIZED REPRESENTATIVE |
©All rights reserved.
END 002
113011 (10/12) | 1 |
ENDORSEMENT# 3
This endorsement, effective 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
Product Name: Manually Issued Policy
ECONOMIC SANCTIONS ENDORSEMENT
This endorsement modifies insurance provided under the following:
Coverage shall only be provided and payment of loss under this policy shall only be made in full compliance with enforceable United Nations economic and trade sanctions and the trade and economic sanction laws or regulations of the European Union and the United States of America, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Departments Office of Foreign Assets Control (OFAC).
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
| ||
AUTHORIZED REPRESENTATIVE |
© All rights reserved.
END 003
119679 (9/15) | Page 1 of 1 |
ENDORSEMENT# 4
This endorsement, effective at 12:01AM December 15, 2020 forms a part of
Policy number: 02-708-18-83
Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa.
AMENDED DISCOVERY
It is agreed that:
1. | The last paragraph of Section 4. LOSS-NOTICE-PROOF-LEGAL PROCEEDINGS of the CONDITIONS AND LIMITATIONS of the bond is hereby deleted in its entirety and replaced with the following: |
This bond applies only to loss first discovered by the Chief Financial Officer, Compliance Officer, Treasure or General Counsel of the Insured during the Bond Period. Discovery occurs at the earlier of such individuals being aware of:
(a) | facts which may subsequently result in a loss of a type covered by this bond, or |
(b) | facts which may subsequently result in a loss of a type covered by this bond, or an actual or potential claim in which it is alleged that the Insured is liable to a third party, regardless of when the act or acts causing or contributing to such loss occurred, |
even though the amount of loss does not exceed the applicable Deductible Amount, or the exact amount or details of loss may not then be known.
2. | Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limitations, conditions or agreements of the attached policy other than as abovestated. |
| ||
AUTHORIZED REPRESENTATIVE |
©All rights reserved.
END 004
131546 (01/19) |
1 |
ENDORSEMENT# 5
This endorsement, effective at 12:01AM December 15, 2020 forms a part of
Policy number: 02-708-18-83
Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa.
EMPLOYEE DISHONESTY CONDITION
In consideration of the premium charged, it is hereby understood and agreed that, notwithstanding anything in the policy to the contrary, if any member of the Risk Management Department, Internal Audit Department, or General Counsel of the Insured not acting in collusion with an Employee learns of any dishonest act committed by such Employee at any time, whether in the employment of the Insured or otherwise, whether or not such act is of the type covered under this Bond, and whether against the Insured or any other person or entity, the Insured shall immediately remove such Employee from a position that would enable such Employee to cause the Insured to suffer a loss covered by this Bond.
ALL OTHER TERMS, CONDITION AND EXCLUSIONS REMAIN UNCHANGED.
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AUTHORIZED REPRESENTATIVE |
©All rights reserved.
END 005
131547 (01/19) |
1 |
ENDORSEMENT# 6
This endorsement, effective at 12:01AM December 15, 2020 forms a part of
Policy number: 02-708-18-83
Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa.
INDIRECT OR CONSEQUENTIAL LOSS EXCLUSION
This rider modifies insurance provided under the following:
BROKER-DEALER GUARD BOND
CREDIT UNION FINANCIAL INSTITUTION FIDELITY BOND
FOLLOW FORM BOND (EXCESS OVER A FIDELITY BOND)
INVESTMENT COMPANY BLANKET BOND
It is agreed that:
1. | This bond shall not cover any indirect or any consequential loss of any nature including, but not limited to fines, penalties, multiple or punitive damages. |
2. | Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. |
| ||
AUTHORIZED REPRESENTATIVE |
©All rights reserved.
END 006
113022 (10/12) |
1 |
ENDORSEMENT# 7
This endorsement, effective 12:01 AM December 15, 2020 forms a part of
policy number 02-708-18-83
issued to NATIXIS FUNDS, LOOMIS SAYLES FUNDS
by National Union Fire Insurance Company of Pittsburgh, Pa.
NOTICE OF CLAIM
(REPORTING BY E- MAIL)
In consideration of the premium charged, it is hereby understood and agreed as follows:
1. | Email Reporting of Claims: In addition to the postal address set forth for any Notice of Claim Reporting under this policy, such notice may also be given in writing pursuant to the policys other terms and conditions to the Insurer by email at the following email address: |
c- claim@AIG.com
Your email must reference the policy number for this policy. The date of the Insurers receipt of the emailed notice shall constitute the date of notice.
In addition to Notice of Claim Reporting via email, notice may also be given to the Insurer by mailing such notice to: AIG, Financial Lines Claims, P.O. Box 25947, Shawnee Mission, KS 66225 or faxing such notice to (866) 227-1750.
2. | Definitions: For this endorsement only, the following definitions shall apply: |
(a) | Insurer means the Insurer, Underwriter or Company or other name specifically as cribed in this policy as the insurance company or underwriter for this policy. |
(b) | Notice of Claim Reporting means notice of claim/ circumstance, notice of loss or other reference in the policy designated for reporting of claims, loss or occurrences or situations that may give rise or result in loss under this policy. |
(c) | Policy means the policy, bond or other insurance product to which this endorsement is attached. |
3. | This endorsement does not apply to any Kidnap & Ransom/ Extortion Coverage Section, if any, provided by this policy. |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
| ||
AUTHORIZED REPRESENTATIVE |
© All rights reserved.
END 007
99758 (8/ 08) |
Page 1 of 1 |
ENDORSEMENT# 1
This endorsement, effective at 12:01AM December 15, 2020 forms a part of
Policy number: 02-708-18-83
Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa.
GENERAL | AGREEMENT A AMENDED RIDER |
(ACQUISITION | THRESHOLDVARIABLE) |
It is agreed that:
1. | General Agreement A. ADDITIONAL OFFICES OR EMPLOYEES CONSOLIDATION, OR MERGER-NOTICE of the GENERAL AGREEMENTS Clause is amended by adding the following to the end thereof: |
Notwithstanding the foregoing, if the Insured shall, while this bond is in force, consolidate or merge with, or purchase or acquire assets or liabilities of, another institution, the Insured shall automatically have such coverage as is afforded under this bond for loss without an additional premium charge for the remainder of the current bond period provided that:
(a) | the assets acquired as a result of such consolidation, merger, purchase or acquisition are less than 15% percent of the assets of the Insured on the date of such consolidation, merger, purchase or acquisition; |
(b) | the consolidation, merger, purchase or acquisition of assets or liabilities was not through a regulatory-assisted transaction; |
(c) | the consolidated or merged institution, or the assets or liabilities purchased or acquired from another institution, were not the subject of any regulatory agreement or stipulation prior to the effective date of the consolidation, merger, purchase or acquisition; and |
(d) | the consolidated or merged institution, or the assets or liabilities purchased or acquired from another institution, have not incurred or been the subject of a loss of a type payable under this bond in an amount exceeding the deductible amount shown in Item 4 of the Declarations during the preceding Three (3) years. |
2. | Any newly created entities, which are majority owned or management controlled by the Insured, shall be automatically covered hereunder from their date of incorporation. |
3. | Coverage under this bond shall apply to loss discovered during the bond period but which was sustained, prior to the sale date, by entities sold by the Insured. This coverage applies for a period of one (1) year from the date of the entitys sale, but not extending beyond the termination or cancellation of the bond, provided, however, that the Insured is legally liable for such loss. Coverage afforded hereunder is excess over any valid and collectible insurance obtained by one other than the Insured. |
©All rights reserved.
END 008
128869 (04/18) |
1 |
ENDORSEMENT# 8 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
4. | Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
| ||
AUTHORIZED REPRESENTATIVE |
©All rights reserved.
END 008
128869 (04/18) |
2 |
ENDORSEMENT# 9
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
COMPUTER CRIME COVERAGE RIDER
(ICBB VERSION)
In consideration of the premium charged, it is hereby understood and agreed that bond is hereby amended as follows:
1. | All the terms and conditions of the Investment Company Blanket Bond, Form No. 41206 (09/84), shall apply to coverage as is afforded by this endorsement unless specifically stated otherwise herein or in any endorsement attached hereto. |
2. | Item 3 of the Declarations is hereby amended by adding the following under Optional Insuring Agreements and Coverages section: |
Limit of Liability |
Deductible | |||
(CC-1) Computer Systems Fraud | $15,000,000 | $50,000 | ||
(CC-2) Data Processing Service Operations | $15,000,000 | $50,000 | ||
(CC-3) Voice Initiated Transfer Fraud | $15,000,000 | $50,000 | ||
(CC-4) Telefacsimile Transfer Fraud | $0 | $0 | ||
(CC-5) Destruction of Data or Programs by Hacker | $0 | $0 | ||
(CC-6) Destruction of Data or Programs by Virus | $0 | $0 | ||
(CC-7) Voice Computer Systems Fraud | $0 | $0 |
3. | The Declarations page is hereby amended by adding the following after Item 6 thereof: |
Item 7.
Voice Initiated Transfer Fraud
Under the terms of the Voice Initiated Transfer Fraud Insuring Agreement, the Insured must place verification call-back for each transfer in excess of $0.
Telefacsimile Transfer Fraud
Under the terms of the Telefacsimile Transfer Fraud Insuring Agreement, the Insured must place a Verification call-back for each transfer in excess of $0
©All rights reserved.
END 009
135055 (12/19) | 1 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
4. | The Insuring Agreements are hereby amended by adding the following Insuring Agreements to the Bond: |
COMPUTER SYSTEMS FRAUD
(CC-1) 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; provided 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:
(a) | 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, or |
(b) | on an instruction transmitted by Tested telex or similar means of Tested communication identified in the application for this bond purportedly sent by a customer, financial institution or automated clearing house. |
DATA PROCESSING SERVICE OPERATIONS
(CC-2) Loss sustained by a Client of the Insured resulting directly from a fraudulent:
(1) | entry of Electronic Data or a Computer Program into, or |
(2) | change of Electronic Data or a Computer Program within a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement, or |
(3) | entry or change of Electronic Data during electronic transmission or physical transit from the Insured to its Client, provided that the entry or change causes: |
(i) | Property to be transferred, paid or delivered, |
©All rights reserved.
END 009
135055 (12/19) | 2 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
(ii) | an account of the Client, or a customer of the Client, to be added, deleted, debited or credited, or |
(iii) | an unauthorized account or a fictitious account to be debited or credited, |
and for which loss the Insured is legally liable to the Client as a provider of data processing services for such Client.
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:
(a) | 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, or |
(b) | on an instruction transmitted by Tested telex or similar means of Tested communication identified in the application for this bond purportedly sent by a customer, financial institution or automated clearing house. |
In this Insuring Agreement, Client means an entity for which the Insured serves as data processor under the terms of a written agreement.
VOICE INITIATED TRANSFER FRAUD
(CC-3) | 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 SYSTEMS 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:
(i) | such voice instruction was electronically recorded by the Insured and required password(s) or code word(s) given; and |
(ii) | if the transfer was in excess of the amount shown on the Declarations Page as the verification call-back amount for this Insuring Agreement, the voice instruction was verified by a call-back according to a prearranged procedure. |
©All rights reserved.
END 009
135055 (12/19) | 3 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
As used in this Insuring Agreement, Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on voice instructions to initiate transfers and has provided the Insured with the names of persons authorized to initiate such transfers, and with which the Insured has established an instruction verification mechanism.
TELEFACSIMILE TRANSFER FRAUD
(CC-4) | 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 SYSTEMS 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, and |
(3) contains the name of a person authorized to initiate such transfer; provided that, if the transfer was in excess of the amount shown on the Declarations as the verification call-back amount for this Insuring Agreement, the instructions was verified by a call-back according to a prearranged procedure.
As used in this Insuring Agreement, Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on Telefacsimile Device instructions to initiate transfers and has provided the Insured with the names of persons authorized to initiate such transfers, and with which the Insured has established an instruction verification mechanism.
DESTRUCTION OF DATA OR PROGRAMS BY HACKER
(CC-5) | Loss that is Restoration Costs resulting directly from the malicious destruction of, or damage to, Electronic Data or Computer Programs owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement. |
Special Condition: Under this Insuring Agreement, a single Loss shall comprise of all covered costs incurred by the Insured between the time destruction or damage is discovered and the time the affected Computer Program(s) or Electronic Data is/are restored or repaired (or a determination
©All rights reserved.
END 009
135055 (12/19) | 4 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
has been made that such restoration or repair is impossible). Recurrence of destruction or damage after the Computer Program(s) or Electronic Data is/are restored or repaired shall constitute a separate single Loss.
DESTRUCTION OF DATA OR PROGRAMS BY VIRUS
(CC-6) | Loss resulting directly from the malicious destruction of, or damage to, Electronic Data or Computer Programs owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under the terms of the COMPUTER SYSTEMS FRAUD Insuring Agreement if such destruction or damage was caused by a computer program or similar instruction which was written or altered to incorporate a hidden instruction designed to destroy or damage Electronic Data or Computer Programs in the Computer System in which the computer program or instruction so written or so altered is used. |
Special Condition: Under this Insuring Agreement, a single Loss consists of all covered costs incurred by the Insured between the time destruction or damage is discovered and the time the affected Computer Program(s) or Electronic Data is/are restored or repaired (or a determination has been made that such restoration or repair is impossible). Recurrence of destruction or damage after the Computer Program(s) or Electronic Data is/are restored or repaired shall constitute a separate single Loss.
VOICE COMPUTER SYSTEM FRAUD
(CC-7) | Loss resulting directly from charges for voice telephone long-distance toll calls which were incurred due to the fraudulent use or fraudulent manipulation of an Account Code or System Password required to obtain access to a Voice Computer System owned or leased by the Insured, installed on the Insureds premises, whose System Administration is performed and controlled by the Insured; provided, however, that the unauthorized access was not made possible by: |
(1) | failure to incorporate a System Password feature or failure to change the System Password at least once every 30 days thereafter, or |
(2) | failure to have a call-disconnect feature in operation to automatically |
terminate a callers access to the Voice Computer System after not more than three unsuccessful attempts to input an Account Code.
Special Condition: Under this Insuring Agreement, a single Loss consists of loss resulting from toll call charges made only on telephone lines directly controlled by one Voice Computer System and only toll call charges occurring for a period of not more than 30 days inclusive of the date on which the first such toll call charge was made.
©All rights reserved.
END 009
135055 (12/19) | 5 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
5. | GENERAL AGREEMENT A. ADDITIONAL OFFICES OR EMPLOYEESCONSOLIDATION, MERGER NOTICE is hereby deleted in its entirety and is replaced with the following: |
ADDITIONAL OFFICES OR EMPLOYEES OR COMPUTER SYSTEMS CONSOLIDATION, MERGER OR PURCHASE OF ASSETS OR COMPUTER SYSTEMS
A. | 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 or computer systems of, another institution, such offices and computer systems shall be automatically covered hereunder from the date of such establishment without the requirement of notice to the Underwriter or the payment of additional premium for the remainder of the premium period. If the Insured shall, while this bond is in force, consolidate or merge with, or purchase or acquire assets or liabilities or computer systems of, another institution, the Insured shall not have such coverage as is afforded under this bond for loss which: |
(a) | has occurred or will occur in offices or premises or computer systems, or |
(b) | has been caused or will be caused by an employee or employees of such institution, or |
(c) | has arisen or will arise out of the assets or liabilities or computer systems acquired by the Insured as a result of such consolidation, merger or purchase of assets or liabilities or computer systems unless the Insured shall: |
(i) | give the Underwriter written notice within 60 days of the proposed consolidation, merger or purchase of assets or liabilities or computer systems prior to the proposed effective date of such action; and |
(ii) | obtain the written consent of the Underwriter to extend the coverage provided by this bond to such additional offices or premises or computer systems, Employees and other exposures; and |
(iii) | upon obtaining such consent, pay to the Underwriter an additional premium. |
6. | Solely for the coverage provided by this rider, in Section 1. DEFINITIONS of the CONDITIONS AND LIMITATIONS of this bond, definition (b) Property is hereby amended to include Electronic Data and Computer Programs. |
7. | Solely for the coverage provided by this rider, Section 1. DEFINITIONS of the CONDITIONS AND LIMITATIONS of this bond is hereby amended by adding the following definitions to the end thereof: |
©All rights reserved.
END 009
135055 (12/19) | 6 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
(i) | Account Code means a confidential and protected string of characters which identifies or authenticates a person and permits that person to gain access to a Voice Computer System for the purpose of making toll calls or utilizing voice mail box messaging capabilities or other similar functional features of the System. |
(ii) | 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. |
(iii) | 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, including the internet |
by which Electronic Data are electronically collected, transmitted, processed, stored and retrieved.
(iv) | 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. |
(iv) | Funds means Money on deposit in an account. |
(v) | Restoration Costs means reasonable and necessary costs or expenses incurred by the Insured with the Insurers prior written consent to restore or repair damaged or destroyed Electronic Data or Computer Programs within a Computer System; provided that if it is determined that such Electronic Data or Computer Programs cannot be restored or repaired, then Restoration Costs means solely those reasonable costs or expenses incurred by the Insured, with the Insurers prior written consent, to reach such determination. Notwithstanding the foregoing, Restoration Costs shall not include, and in no event shall any Insuring Agreement of this bond cover: |
(1) | any costs related directly or indirectly to the damage or destruction of Electronic Data or Computer Programs that the Insured did not have a license to use; or |
(2) | any costs or expenses incurred to redo the work product, research or analysis that was the basis of any damaged or destroyed Electronic Data or Computer Programs. |
©All rights reserved.
END 009
135055 (12/19) | 7 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
(vi) | System Administration means the performance of security functions including but not limited to defining authorized persons to access a Voice Computer System and adding, changing and deleting Account Codes or passwords in connection therewith; and invoking or revoking a System option which directs telephone call routing or which adds, moves or drops telephone lines or which performs any other similar activity allowed by a hardware or software-based System option that has been incorporated by a manufacturer or vendor into a System or any component thereof provided said System option is not intended for the sole use of such manufacturer or vendor. |
(vii) | System Maintenance means the performance of hardware and software installation, diagnostics and corrections and similar activities that are performed in the usual custom and practice by a manufacturer or vendor to establish or maintain the basic operational functionality of a Voice Computer System or any component thereof. |
(viii) | System Password means a confidential and protected string of characters which identifies or authenticates a person and permits that person to gain access to a Voice Computer System or any portion thereof for the purpose of performing System Administration or System Maintenance activities. |
(ix) | Telefacsimile Device means a machine capable of sending or receiving a duplicate image of a document by means of electronic impulses transmitted through a telephone line and which reproduces the duplicate image on paper. |
(x) | Tested means a method of authenticating the contents of a communication by placing a valid test key on it which has been agreed upon by the Insured and a customer, automated clearing house, or another financial institution for the purpose of protecting the integrity of the communication in the ordinary course of business. |
(xi) | Uncertificated Security means a share, participation or other interest in property of, or an enterprise of, the issuer or an obligation of the issuer, which is: |
(1) | not represented by an instrument and the transfer of which is registered upon books maintained for that purpose by or on behalf of the issuer; |
(2) | of a type commonly dealt in securities, exchanges or markets; and |
(3) | either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations. |
©All rights reserved.
END 009
135055 (12/19) | 8 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
(xii) | Voice Computer System means a Computer System installed in one location which functions as a private branch exchange (PBX), voice mail processor, automated call attendant or provides a similar capability used for the direction or routing of telephone calls in a voice communications network. |
8. | Solely for the coverage provided by this rider, Section 2. EXCLUSIONS of the CONDITIONS AND LIMITATIONS of the bond is hereby amended by adding the following exclusions to the end thereof: |
THIS BOND DOES NOT COVER:
(i) | any loss of the type or kind covered by any other Insuring Agreement provided in this financial institution bond, regardless of any deductible amount or limit of liability; |
(ii) | loss caused by a director or Employee of the Insured or by a person in collusion with any director or Employee of the Insured; (Collusion shall include the willful withholding of knowledge from the Insured by any director or Employee that a fraudulent act by a person not an Employee has been or will be perpetrated against the Insured.); |
(iii) | loss resulting directly or indirectly from entry or change of Electronic Data or Computer Programs in a Computer System, unless covered under the COMPUTER SYSTEMS FRAUD or DATA PROCESSING SERVICE OPERATIONS Insuring Agreements; |
(iv) | loss resulting directly or indirectly from the Insured having transferred Funds in reliance on the validity of a voice instruction, unless covered under the COMPUTER SYSTEMS FRAUD or VOICE INITIATED TRANSFER FRAUD Insuring Agreements; |
(v) | loss resulting directly or indirectly by the Insured having transferred or delivered Funds, Certificated Securities or Uncertificated Securities in reliance on an instruction received through a Telefacsimile Device, unless covered under the TELEFACSIMILE TRANSFER FRAUD Insuring Agreement; |
(vi) | loss resulting directly or indirectly from theft of confidential information; |
(vii) | loss resulting directly or indirectly from the assumption of liability by the Insured by contract unless the liability arises from a loss covered by this rider and would be imposed on the Insured regardless of the existence of the contract; |
©All rights reserved.
END 009
135055 (12/19) | 9 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
(viii) | the cost of duplication of Electronic Data or Computer Programs, unless covered under the DESTRUCTION OF DATA OR PROGRAMS BY HACKER or DESTRUCTION OF DATA OR PROGRAMS BY VIRUS Insuring Agreements; |
(ix) | loss involving a Voice Computer System, unless covered under the VOICE COMPUTER SYSTEM FRAUD Insuring Agreement; |
(x) | loss resulting directly or indirectly from: |
(1) | written instructions or advices, or |
(2) | telegraphic or cable instructions or advices; |
unless the instructions or advices are Tested and the loss is covered under the COMPUTER SYSTEMS FRAUD or DATA PROCESSING SERVICE OPERATIONS Insuring Agreements;
(xi) | 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; |
(xii) | loss resulting directly or indirectly from the fraudulent preparation, or fraudulent modification of Computer Programs unless covered under the COMPUTER SYSTEMS FRAUD or DATA PROCESSING SERVICE OPERATIONS Insuring Agreements; |
(xiii) | loss resulting directly or indirectly from: |
(a) | 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 |
(b) | failure or breakdown of electronic data processing media; or |
(c) | error or omission in programming or processing; |
(xiv) | loss as a result of a threat to Computer Systemoperations; |
(xv) | loss resulting directly or indirectly from the use of a telephone credit, debit, charge, identification or similar card to gain access to the Insureds Voice Computer System; |
(xvi) | 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 |
©All rights reserved.
END 009
135055 (12/19) | 10 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
the Insured or under the control of such customer by a person who had authorized access to the customers authentication mechanism.
(xvii) | loss resulting directly or indirectly from payments made or withdrawals from a depositors account involving items of deposit which are not finally paid for any reason; |
(xviii) | loss of potential income, including but not limited to interest and dividends; |
(xix) | loss 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 policy; |
(xx) | any fees, costs and expenses incurred by the Insured; |
(xxi) | indirect or consequential loss of any nature; |
(xxii) | 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; |
(xxiii) | loss due to riot or civil commotion or loss due to military, naval or usurped power, war or insurrection; |
(xxiv) | loss resulting directly or indirectly from the effects of nuclear fission or fusion or radioactivity; provided, however, that this exclusion shall not apply to loss resulting from industrial uses of nuclear energy; |
(xxv) | loss as a result of a threat: |
(1) | to do bodily harm to any person; |
(2) | to do damage to the premises or property of the Insured; or |
(3) | to Computer Systems operations. |
9. | Solely for the coverage provided by this rider, Section 4. LOSS NOTICE - PROOF LEGAL PROCEEDINGS of the CONDITIONS AND LIMITATIONS of the bond is hereby amended by adding the following to the end thereof: |
It is further understood and agreed that:
(i) | Proof of loss for claim under the Voice Initiated Transfer Fraud Insuring Agreement must include electronic recordings of such voice instructions and the verification call-back, if such call-back was required; and |
©All rights reserved.
END 009
135055 (12/19) | 11 |
ENDORSEMENT# 9 (Continued)
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
(ii) | Proof of loss for claim under the Telefacsimile Transfer Fraud Insuring Agreement must include a copy of the document reproduced by the Telefacsimile Device. |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
|
AUTHORIZED REPRESENTATIVE |
©All rights reserved.
END 009
135055 (12/19) | 12 |
ENDORSEMENT# 10
This endorsement, effective at 12:01AM December 15, 2020 Policy number: 02-708-18-83 Issued to: NATIXIS FUNDS, LOOMIS SAYLES FUNDS
By: National Union Fire Insurance Company of Pittsburgh, Pa. |
forms a part of |
ADDITIONAL NAMED INSURED RIDER
In consideration of the premium charged, it is hereby understood and agreed that:
1. | In Item 1 of the Declarations page, the section entitled Name of Insured (herein called Insured), is amended to include the following at the end thereof: |
- | NATIXIS FUNDS TRUST I |
- | NATIXIS FUNDS TRUST II |
- | NATIXIS FUNDS TRUST IV |
- | GATEWAY TRUST |
- | LOOMIS SAYLES FUNDS I |
- | LOOMIS SAYLES FUNDS II |
- | NATIXIS ETF TRUST |
- | NATIXIS ETF TRUST II |
2. | Nothing contained herein shall be held to vary, alter, waive, or extend any of the terms, limitations, conditions or agreements of the attached bond other than as above stated. |
|
AUTHORIZED REPRESENTATIVE |
©All rights reserved.
END 010
127423 (11/17) | 1 |
ENDORSEMENT# 11
This endorsement, effective 12:01 AM December 15, 2020 forms a part of
policy number 02-708-18-83
issued to NATIXIS FUNDS, LOOMIS SAYLES FUNDS
by National Union Fire Insurance Company of Pittsburgh, Pa.
FORMS INDEX ENDORSEMENT
The contents of the Policy is comprised of the following forms:
FORM NUMBER | EDITION DATE |
FORM TITLE | ||
41205 |
03/95 | INVESTMENT COMPANY BLANKET BOND (DECLARATIONS) | ||
41206 |
09/84 | INVESTMENT COMPANY BLANKET BOND (GUTS) | ||
131545 |
01/19 | AMENDED FIDELITY AGREEMENT | ||
113011 |
10/12 | PROTECTED INFORMATION EXCLUSION | ||
119679 |
09/15 | ECONOMIC SANCTIONS ENDORSEMENT | ||
131546 |
01/19 | AMENDED DISCOVERY | ||
131547 |
01/19 | EMPLOYEE DISHONESTY CONDITION | ||
113022 |
10/12 | INDIRECT OR CONSEQUENTIAL LOSS EXCLUSION | ||
99758 |
08/08 | NOTICE OF CLAIM (REPORTING BY E-MAIL) | ||
128869 |
04/18 | GENERAL AGREEMENT A AMENDED RIDER | ||
135055 |
12/19 | COMPUTER CRIME COVERAGE RIDER | ||
127423 |
11/17 | ADDITIONAL NAMED INSURED RIDER | ||
78859 |
10/01 | FORMS INDEX ENDORSEMENT |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
|
AUTHORIZED REPRESENTATIVE |
© All rights reserved.
END 011
78859 (10/01) |
Page 1 of 1 |
CLAIM REPORTING FORM
Issuing Company: National Union Fire Insurance Company of Pittsburgh, Pa.
Reported under Policy/ Bond Number: |
02-708-18-83 |
Date: |
Type of Coverage: D&O E&O Fidelity (complete the Fidelity Supplemental on
the next page) Insureds
Name, as given on Policy Declarations (Face Page):
NATIXIS FUNDS, LOOMIS SAYLES FUNDS |
Contact Person:
Title:
Phone: ( ) - Ext
eMail: @
|
Case or Claimant Name:
If the party involved is different from Insured Name (as given on Policy Declarations) state relationship:
|
Insurance Broker/ Agent: |
MARSH USA INC. |
Address: |
99 HIGH STREET, BOSTON, MA 02110 |
Address:
Contact: |
JOHN SAMPSON |
Phone: |
eMail: |
jonathan.sampson@marsh.com |
|
Send Notice of Claims to: | AIG | Phone: | (888) 602-5246 | |||
Financial Lines Claims | Fax: | (866) 227-1750 | ||||
P.O. Box 25947 | Email: | c- Claim@AIG.com | ||||
Shawnee Mission, KS 66225 |
CLAIM REPORTING FORM
FIDELITY SUPPLEMENTAL
(Only complete this supplemental if the Claim is being reported under Fidelity Coverage)
Issuing Company: National Union Fire Insurance Company of Pittsburgh, Pa.
Reported under Policy/ Bond Number: 02-708-18-83
Date of Discovery: Estimated Amount of loss:
Cause of Loss: | Employee Dishonesty | Computer Fraud | ||||||
Funds Transfer | Robbery/ Burglary | |||||||
ID Theft | Forgery | |||||||
Client Property | In Transit |
| ||||||
ERISA | Credit Card Forgery | |||||||
Other | if Other, describe: |
Send Notice Of Claims To: | AIG | Phone: (888) 602-5246 | ||||||
Financial Lines Claims | Fax: (866) 227-1750 | |||||||
P.O. Box 25947 | Email: c- Claim@AIG.com | |||||||
Shawnee Mission, KS 66225 |
centralized Customer Link and Information Management
|
DECLARATIONS EXCESS INSURANCE POLICY |
ACCOUNT NUMBER
|
234664
| |
COVERAGE PROVIDED BY (hereafter Insurer) |
Continental Casualty Company | |
POLICY NUMBER
|
287195521
|
Item 1: NAMED ENTITY AND PRINCIPAL ADDRESS |
PRODUCER | |||
Natixis Funds, Loomis Sayles Funds 888 Boylston Street Boston, MA 02199 |
MARSH USA INC 540 W MADISON ST STE 1200 MARSH QSG CHICAGO, IL 60661 | |||
Attn:
|
Erika Morris
|
Item 2. | Policy | 12/15/2020 To 12/15/2021 | Item 3. Limit of Liability | |||||
Period: |
12:01 a.m. Standard Time at the Principal Address stated in Item 1. |
$15,000,000 maximum aggregate Limit of Liability under the Policy | ||||||
Item 4. | Schedule of Underlying Insurance: A. Followed Policy |
Name of Carrier | Policy No | Limits | Ded/Ret Amount | |||||
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. | 02-708-18-83 | MFB $15,000,000 | MFB $25,000 | |||||
B. Underlying Excess Policies: |
Item 5. | Policy Premium | $42,000 |
Item 6. |
Notices of Claims: |
|
All other Notices: | |||||||
CNA Claims Reporting |
||||||||||
P.O. Box 8317 |
Open Brokerage Global Specialty Lines | |||||||||
Chicago, IL 60680-8317 |
CNA Insurance Company | |||||||||
Email address: SpecialtyProNewLoss@cna.com |
125 Broad Street 8th Floor | |||||||||
Fax Number: 866-773-7504 |
New York, NY 10004 | |||||||||
Item 7. |
Endorsements forming a part of this Policy at inception: |
|||||||||
GSL-22784-XX 2010-12-01 |
Add Definition Of Single Loss (For Use With Excess Fidelity Bonds Only) | |||||||||
GSL-31182-XX 2011-03-01 |
Amend Maintenance Of The Terms And Conditions Of Underlying | |||||||||
Insurance (Agreed To In Writing) |
These Declarations, along with the completed and signed Application, the Policy, and any written endorsements attached thereto shall constitute the contract between the Insureds and the Insurer.
Authorized Representative: |
|
Date: February 8, 2021 |
G-22076-B(c) (ED. 06-10) | 1 |
© CNA All Rights Reserved.
UNDERLYING EXCESS POLICY SCHEDULE
Name of Carrier | Policy No. | Limits | Excess of | |||
N/A |
G-22076-B(c) (ED. 06-10) | 2 |
© CNA All Rights Reserved.
EXCESS INSURANCE POLICY
Words defined in the Followed Policy have the same meaning in this Policy even if not defined herein. In consideration of the payment of the premium and in reliance upon the applications submitted to the Insurer or any insurer of the Underlying Insurance, and any other material submitted in connection with such applications (all of which are deemed attached hereto and made a part hereof) the Insurer and the Insureds agree as follows:
I. FOLLOW FORM EXCESS COVERAGE
The Insurer shall provide coverage in accordance with all of the terms, conditions and limitations (including, but not limited to the exclusions and notice requirements) of the policy scheduled in Item 4.A. of the Declarations (hereafter Followed Policy) except as otherwise set forth herein. Coverage hereunder shall attach only after all of the aggregate Limits of Liability, as set forth in Item 4. of the Declarations have been exhausted through payment of covered loss under all policies scheduled in Item 4. of the Declarations (hereafter Underlying Insurance) by or on behalf of the insurers of such Underlying Insurance, or by or on behalf of the Insureds. The risk of uncollectibility of any Underlying Insurance (in whole or in part), whether because of financial impairment or insolvency of an underlying insurer or for any other reason, is expressly retained by the Insureds and is not insured by or assumed by the Insurer.
II. LIMIT OF LIABILITY
The amount set forth in Item 3. of the Declarations shall be the maximum aggregate Limit of Liability of the Insurer for all loss under this Policy, regardless of the number of claims made against the Insureds or the time of payment and regardless of whether or not an extended reporting period applies. If the Limit of Liability under this Policy is exhausted by payment of loss, the Insurers obligations under this Policy shall be deemed completely fulfilled and extinguished.
III. CHANGES TO UNDERLYING INSURANCE/DEPLETION OF SUB-LIMITS
If, subsequent to the inception date of this Policy, there is a change to any Underlying Insurance which expands coverage, then this Policy shall become subject to such change only if the Insurer agrees thereto by written endorsement to this Policy. If any loss under any Underlying Insurance is subject to a sub-limit, then this Policy provides no coverage excess of such Underlying Insurance sub-limit, but the Underlying Insurance shall be deemed depleted by payment of any such sub-limit.
IV. INSURER RIGHTS/COOPERATION CLAUSE
The Insurer has the same rights and protections as has the insurer of the Followed Policy and has the right, but not the obligation, at its sole discretion, to elect to participate in the investigation, settlement, prosecution or defense of any claim reasonably likely to attach to and be covered under this Policy or any Underlying Insurance, even if the Underlying Insurance has not been exhausted. The Insureds shall cooperate with the Insurer in such investigation, settlement, prosecution or defense and shall do nothing that prejudices the Insurers position or rights of recovery.
V. NOTICES
Where notice is permitted or required by the Followed Policy, the Insureds have the same rights and obligations to notify the Insurer under this Policy, except that such notice shall be given to the Insurer at the applicable address specified in Item 6. of the Declarations.
IN WITNESS WHEREOF, the Insurer has caused this Policy to be executed by its Chairman and Secretary, but this Policy shall not be binding upon us unless completed by the attachment of the Declarations:
Chairman | Secretary | |||
G-22075-B (Ed. 06-10) | - 1 - © CNA All Rights Reserved. |
ADD DEFINITION OF SINGLE LOSS
(FOR USE WITH EXCESS FIDELITY BONDS ONLY)
In consideration of the premium paid for this Policy, it is hereby understood and agreed that the Policy is amended as follows:
1. | The Policy is amended to add the following new sections: |
| DEFENSE COSTS WITHIN LIMITS |
The Insurer, at its sole option and without any duty to do so, may elect to conduct the defense of any legal proceeding in whole or in part, brought to determine the Named Entitys liability for any loss, claim or damage, which, if established, would constitute covered loss under this Policy. The defense by the Insurer shall be in the Named Entitys name through attorneys selected by the Insurer. The Named Entity shall provide all reasonable information and assistance required by the Insurer for such defense.
If the Insurer elects to defend the Named Entity, in whole or in part, any judgment against the Named Entity on those counts or causes of action which the Insurer defended on behalf of the Named Entity or any settlement in which the Insurer participates and all attorneys fees, costs and expenses incurred by the Insurer in the defense of the litigation shall be a loss under this Policy.
| DEFINITIONS |
Single Loss shall have the same meaning as set forth in the Followed Policy; provided, however, if the Followed Policy does not define Single Loss, Single Loss shall mean all covered loss, including attorneys fees, costs and expenses incurred by the Insurer, as described in the section titled DEFENSE COSTS WITHIN LIMITS of this Endorsement, resulting from:
(a) | any one act or series of related acts of burglary, robbery or attempt thereat, in which no employee is implicated, or |
(b) | any one act or series of related unintentional or negligent acts or omissions on the part of any person whether an employee or not) resulting in damage to or destruction or misplacement of Property, or |
(c) | all acts or omissions other than those specified in (a) and (b) preceding, caused by any person (whether an employee or not) or in which such person is implicated, or |
(d) | any one casualty or event not specified in (a), (b) or (c) preceding. |
2. | Item 3. of the Declarations is deleted in its entirety and replaced with the following: |
Item 3. Limit of Liability:
a. | $15,000,000 Single Loss Limit of Liability |
b. | $30,000,000 maximum aggregate Limit of Liability under the Policy. |
3. | Section II. LIMIT OF LIABILITY is amended to add the following new paragraph: |
The amount set forth in Item 3b. of the Declarations shall be the maximum aggregate Limit of Liability of the Insurer for all loss under this Policy, regardless of the number of Claims made against the Named Entity or the time of payment. Subject always to the Insurers maximum Limit of Liability set forth in Item 3b. of the Declarations, the Insurers liability for each Single Loss shall not exceed the Single Loss Limit of Liability set forth in Item 3a. of the Declarations. The maximum aggregate Limit of Liability shall be reduced by any payment of loss under this Policy.
GSL22784XX (12-10) Page 1 Continental Casualty Company Insured Name: Natixis Funds, Loomis Sayles Funds |
Policy No: 287195521 Endorsement No: 1 Effective Date: 12/15/2020 |
© CNA All Rights Reserved.
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.
GSL22784XX (12-10) Page 2 Continental Casualty Company Insured Name: Natixis Funds, Loomis Sayles Funds |
Policy No: 287195521 Endorsement No: 1 Effective Date: 12/15/2020 |
© CNA All Rights Reserved.
AMEND MAINTENANCE OF THE TERMS
AND CONDITIONS OF UNDERLYING INSURANCE
(Agreed To In Writing)
In consideration of the premium charged, it is understood and agreed that Section III. CHANGES TO UNDERLYING INSURANCE/DEPLETION OF SUB-LIMITS is deleted and replaced as follows:
If, subsequent to the inception date of this Policy, there is a change to any Underlying Insurance which expands coverage, then this Policy shall become subject to such change only if the Insurer agrees thereto in writing. If any loss under any Underlying Insurance is subject to a sub-limit, then this Policy provides no coverage excess of such Underlying Insurance sub-limit, but the Underlying Insurance shall be deemed depleted by payment of any such sub-limit.
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.
GSL31182XX (3-11) Page 1 Continental Casualty Company Insured Name: Natixis Funds, Loomis Sayles Funds |
Policy No: 287195521 Endorsement No: 2 Effective Date: 12/15/2020 |
© CNA All Rights Reserved.
EFI 03 00 06 09
EXCESS FOLLOW-FORM BOND DECLARATIONS
THE POLICYS LIMIT OF LIABILITY WILL BE REDUCED BY CLAIM EXPENSES.
EVEREST REINSURANCE COMPANY 477 Martinsville Road P.O. Box 830 Liberty Corner, NJ 07938-0830 | ||||
BOND NUMBER: FL5FD00058-201 | RENEWAL OF: FL5FD00058-191 | |||
PRODUCER NAME: | Marsh USA Inc. | |||
ADDRESS: | 1166 Avenue of the Americas, 22nd Floor New York, NY 10036 |
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS BOND, THE INSURER AGREES TO PROVIDE THIS COVERAGE AS STATED IN THIS BOND.
ITEM 1. | NAMED INSURED: Natixis Funds, Loomis Sayles Funds | |
ADDRESS: 888 Boylston Street Boston, MA 02199 | ||
ITEM 2: | BOND PERIOD: FROM December 15, 2020 TO December 15, 2021 | |
12:01 A.M. LOCAL TIME AT THE ADDRESS OF THE NAMED INSURED SHOWN ABOVE. | ||
ITEM 3. | AGGREGATE LIMIT OF LIABILITY: $10,000,000
EXCESS OF: $30,000,000 | |
ITEM 4. | SINGLE LOSS LIMIT OF LIABILITY: $10,000,000 |
EFI 03 00 06 09 | Copyright Everest Reinsurance Company, 2009 | Page 1 of 4 ☐ |
EFI 03 00 06 09
ITEM 5. | UNDERLYING BOND (Includes all bonds listed under Paragraphs A. and B. below) |
A. | PRIMARY BOND |
Bond Issuer | Bond No. | Bond Period | Single Loss Limit | Aggregate Limit | ||||
National Union Fire Insurance Company of Pittsburg, Pa. | 02-708-18-83 | 12/15/2020- 12/15/2021 |
$15,000,000 | $15,000,000 |
B. | UNDERLYING BOND |
Bond Issuer | Bond No. | Bond Period | Single Loss Limit | Aggregate Limit | ||||
Continental Casualty Company | 287195521 | 12/15/2020- 12/15/2021 |
$15,000,000 | $15,000,000 |
C. | TOTAL LIMITS OF ALL UNDERLYING BOND(S) (INCLUDING PRIMARY BOND): |
ITEM 6. | BOND PREMIUM: $26,674 | |
ITEM 7. | ENDORSMENTS APPLICABLE TO THIS BOND ON THE ORIGINAL DATE OF ISSUE: |
Endorsement | Endorsement Number | |||
Reliance Upon other Bond Insurers Application | EFI 03 14 06 09 | |||
OFAC | IL P 001 01 04 |
THESE DECLARATIONS, TOGETHER WITH THE EXCESS FOLLOW-FORM DECLARATIONS PAGE AND ANY ENDORSEMENT(S) AND THE APPLICATION, CONSTITUTE THE ABOVE NUMBERED BOND.
COUNTERSIGNED | January 5, 2021 | BY |
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DATE | President |
EFI 03 00 06 09 | Copyright Everest Reinsurance Company, 2009 | Page 2 of 4 ☐ |
EFI 03 00 06 09
EXCESS FOLLOW-FORM BOND
THE POLICYS LIMIT OF LIABILITY WILL BE REDUCED BY CLAIM EXPENSES.
PLEASE READ THE ENTIRE POLICY CAREFULLY.
Various provisions in this bond restrict coverage. Read the entire bond carefully to determine rights, duties and what is and is not covered.
Throughout this bond the words you and your refer to the Insureds. The words we, us and our refer to the Insurer providing this bond.
It is represented by the Insureds and it is agreed by and among the Insureds and us that the particulars and statements contained in the information furnished to us or to the issuers of any Underlying Bond in connection with underwriting this bond or any Underlying Bond, including statements made in the application and its attachments submitted herewith, are true and are the basis of this bond and are considered as incorporated into and constituting a part of this bond.
In consideration of the payment of premium and subject to all terms, definitions, conditions, exclusions, and limitations of this bond (including any endorsements hereto), the Insurer and the Insureds agree as follows:
SECTION I INSURING AGREEMENT
We will provide the Insured with coverage in excess of the Underlying Bond for loss covered during the Bond Period. It is expressly agreed that liability for any covered loss shall attach to us only after the issuers of the Underlying Bond have paid the full amounts of the applicable limits of insurance of the Underlying Bond, and any applicable retention under the Primary Bond has been satisfied. Except as otherwise provided in this bond, coverage under this bond shall apply in conformity with and subject to the warranties, limitations, conditions, provisions, and other terms of the Primary Bond.
SECTION II - LIMIT OF LIABILITY
A. | Aggregate Limit of Liability |
The amount stated in Item 3. of the Declarations is our maximum Aggregate Limit of Liability under this bond for all covered loss, including all covered costs and expenses . The Aggregate Limit of Liability shall be reduced by the amount of any payment made by us under the terms of this bond.
B. | Single Loss Limit of Liability |
Subject to the Aggregate Limit of Liability under Paragraph A. of this Section, our liability under this bond for each s ingle loss shall not exceed the Single Loss Limit of Liability shown under Item 4. of the Declarations.
SECTION III DEFINITIONS
A. Bond Period means the period of time identified under Item 2. of the Declarations.
B. Insured means the Named Insured and other entities and persons insured under the Primary Bond.
C. Named Insured means the entity or person designated under Item 1. of the Declarations.
D. Primary Bond means the bond designated under Item 5.A. of the Declarations.
E. Underlying Bond means all those bonds scheduled under Item 5.A. and Item 5.B. of the Declarations.
SECTION IV CONDITIONS
A. | Maintenance of Limit of Liability of Underlying Bond |
The Underlying Bond shall be maintained during the Bond Period in full force and effect, except for any reduction of the limits of liability of the Underlying Bond due to payment of loss. Failure to comply with this requirement will not invalidate this bond, but we will only be liable to the same extent that we would have been had you fully complied with this requirement.
EFI 03 00 06 09 | Copyright Everest Reinsurance Company, 2009 | Page 3 of 4 ☐ |
EFI 03 00 06 09
B. | Exhaustion of Limit of Liability of Underlying Bond |
This bond shall drop down only in the event of reduction or exhaustion of the limit(s) of liability of the Underlying Bond by reason of payment of covered loss under the Underlying Bond, and shall not drop down for any other reason including, but not limited to, uncollectibility (in whole or in part) of any Underlying Bond. The risk of uncollectibility of the Underlying Bond (in whole or in part) whether because of financial impairment or insolvency of an underlying insurer or for any other reason, is expressly retained by the Insureds and is not in any way or under any circumstances insured or assumed by us.
Upon the exhaustion of all the limit(s) of liability of such Underlying Bond solely as a result of payment of loss thereunder, the remaining limits available under this bond shall, subject to the other terms, conditions and limitations of this bond, continue for subsequent losses as a primary bond and any single loss deductible amount specified in the Primary Bond shall be imposed under this bond as to each single loss; otherwise no single loss deductible amount shall be imposed under this bond.
C. | Changes to Underlying Bond |
You must promptly notify us of any changes to the Underlying Bond which are made after its inception date. Any changes made to the Underlying Bond after its inception shall not affect the terms and conditions of this bond, which shall continue to apply as though no change had been made to the Underlying Bond.
D. | Bond Cancellation |
1. | You may cancel this bond. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. |
2. | We may cancel this bond. If we cancel because of non-payment of premium, we must mail or deliver to you not less than ten (10) days advance written notice stating when cancellation is to take effect. If we cancel for any other reason, we must mail or deliver to you not less than ninety (90) days advance written notice, stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in the Declarations will be sufficient to prove notice. |
3. | The bond period will end on the day and hour stated in the cancellation notice. |
4. | If we cancel, earned premium will be calculated pro rata based on the time this bond was in force. |
5. | If you cancel, earned premium will be calculated based on short rate tables. |
6. | The first Named Insured in Item 1. of the Declarations shall act on behalf of all other Insureds with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this bond. |
7. | Any of the provisions that conflict with a law that controls the cancellation of this bond is changed by this statement to comply with that law. |
E. | Underlying Bond Cancellation |
This bond is canceled immediately upon the termination of any Underlying Bond scheduled in Item 5.A. and Item 5.B. of the Declarations, whether by you or the applicable issuers of any Underlying Bond. You must promptly notify us of the cancellation of the Underlying Bond. Such notice must be made when you send a notice of cancellation of the Underlying Bond to, or when you receive such notice from, the issuer of the Underlying Bond.
F. | Notice of Loss |
As a condition precedent to coverage under this bond, you shall provide us with written notice of a loss under this bond or any Underlying Bond in the same manner required by the terms and conditions of the Primary Bond.
You shall provide written notice as soon as practicable to the following address:
Everest Reinsurance Company
477 Martinsville Road, P.O. Box 830
Liberty Corner, NJ 07938
G. | Claim Participation |
We shall have the right, but not the duty, and shall be given the opportunity to effectively associate with the Insureds in the investigation, settlement or defense of any claim or loss, even if the Underlying Bond has not been exhausted. The Insureds shall fully cooperate with us in connection with the investigation of any covered loss and the assert ion of any claim for recovery of such loss, and shall provide to us all information and assistance reasonably requested by us.
We shall maintain full and complete claims control as respects coverage under this bond for any loss , and no action by any other bond issuer shall bind us under this bond.
EFI 03 00 06 09 | Copyright Everest Reinsurance Company, 2009 | Page 4 of 4 ☐ |
This policy is signed by officers of the Company shown on the Declarations page of this policy.
For: Everest Reinsurance Company
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President | Secretary |
EIL 00 522 03 11 © Everest Reinsurance Company, 2008
RELIANCE UPON OTHER BOND INSURERS APPLICATION RIDER
Parent Company: Natixis Funds, Loomis Sayles Funds | Endorsement No.: 1 | |||
Policy No.: FL5FD00058-201 | Effective date of Endorsement: 12/15/2020 |
Issuing Company: Everest Reinsurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE
BOND APPLICATION: Investment Company Blanket Bond Application
COMPANY: National Union Fire Insurance Company of Pittsburgh, pa.
The issuer of this Bond has relied upon the statements, representations and warranties contained in the above referenced Application as being accurate and complete. For purposes of this Bond, such Application includes all materials and information attached to, incorporated into or submitted to us in connection with such Application or our underwriting of this Bond or any other Bond of which this Bond is a direct or indirect renewal or replacement. All such statements, representations, warranties, materials and information shall be considered as incorporated into and constituting part of this Bond.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
EFI 03 14 06 09 © Everest Reinsurance Company, 2009
Page 1 of 1
IL P 001 01 04
U.S. TREASURY DEPARTMENTS OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided.
This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of national emergency. OFAC has identified and listed numerous:
🌑 | Foreign agents; |
🌑 | Front organizations; |
🌑 | Terrorists; |
🌑 | Terrorist organizations; and |
🌑 | Narcotics traffickers; |
as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treas-urys web site http//www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply.
IL P 001 01 04 | © ISO Properties, Inc., 2004 | Page 1 of 1 |
Everest National Insurance Company
Everest Indemnity Insurance Company
Everest Security Insurance Company
Everest Reinsurance Company |
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Claim Reporting Guidelines
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The Everest Claim Department is dedicated to providing prompt, thorough and professional claims service. Timely submission of Loss Notices complies with the terms and conditions of your policy and assists us in providing quality service to our policyholders.
The preferred method for notifying Everest of a claim would be via e-mail. However, Loss Notices may be submitted via mail, facsimile or e-mail. If immediate attention is needed, e-mail notification is strongly recommended.
By E-mail:
Claims E-mail: everestnationalnjclaim@everestre.com
By Mail:
Casualty Claims Department
Everest National Insurance Company
P.O. Box 830
477 Martinsville Road
Liberty Corner, NJ 07938
By Facsimile:
Fax Claims: (866) 283-4856
Consult Your Policy for Loss Reporting Requirements
Your policy identifies the information to be submitted with a First Notice of Loss. Additionally, the following information/documentation will always be helpful and often necessary in assisting us with our evaluation:
● | Citing Everests policy, or claim number, in all correspondence |
● | Providing a copy of any lawsuit, demand for arbitration or mediation, a governmental agency notice, claim letter or any similar notice |
● | Sending a copy of any internal reports related to the claim |
● | Copies of status reports prepared by your defense counsel and/or your claim handler |
Everest will acknowledge each First Notice of Loss, initiate contact with you, and will request any additional information that may be needed. Everest will identify the claim professional responsible for handling your reported loss and forward their specific contact information to you. If you become aware of any subsequent information that may impact your claim, you should immediately send it to your as signed claim professional.
If you have questions or would like to discuss a specific loss with one of our claim professionals, please feel free to contact us. Thank you.
This guideline is merely for illustrative purposes and does not purport to address every situation or circumstance that may arise. Notwithstanding any statements made herein, nothing contained in this guideline is intended to replace, modify or waive any terms, conditions or warranties contained in the policy. Everest expressly reserves and does not waive any of its rights and protections afforded under the policy.
Members of the Everest Re Group
EXPERTS FOCUSED ON YOUR PROTECTION. WE DELIVER.
Underwritten By BERKLEY REGIONAL INSURANCE COMPANY |
PRODUCER Joe Weir Marsh USA Inc. 1166 Avenue Of The Americas, 41st Floor New York, NY 10036-2708 (212) 345-8148 | |
Administrative Office: | Issuing Office: | |
475 Steamboat Road | 29 South Main Street, Suite 308 | |
Greenwich, CT 06830 | West Hartford, CT 06107 |
BROKER DEALERS (FORM 14) EXCESS FOLLOW FORM CERTIFICATE
BOND NUMBER | BFBD-45002127-25 | PRIOR BOND NUMBER | BFBD-45002127-24 | |||
NAMED INSURED | Natixis Funds, Loomis Sayles Funds | |||||
MAILING ADDRESS |
888 Boylston St | |||||
Boston, MA 02199 |
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BOND PERIOD | 12/15/2020 to 12/15/2021 | |||||
(12:01 A.M. at your Mailing Address shown above) |
TERMS AND CONDITIONS: |
In consideration of the premium charged and in reliance upon the statements and information furnished to the COMPANY by the Insured and subject to the terms and conditions of the UNDERLYING COVERAGE scheduled below, the COMPANY agrees to pay the Insured, as excess and not contributing insurance, for loss which:
a) would have been paid by the underlying Carrier(s) in the UNDERLYING COVERAGE scheduled below but for the fact that such loss exceeds the Limit of Liability of the underlying Carrier(s), and
b) for which the underlying Carrier(s) has made monetary payment and the Insured has collected the full monetary amount of the underlying Carriers expressed Limit of Liability.
This bond does not provide coverage in excess of any sub-limited coverage in the underlying bond(s) which is below the underlying Carriers expressed Single Loss Limit of Liability in the UNDERLYING COVERAGE scheduled below. |
LEAD CARRIER FOR LAYER: Berkley Regional Insurance Company
SINGLE LOSS LIMIT OF LIABILITY: $13,000,000 excess of $40,000,000 plus deductible
AGGREGATE LIMIT: $13,000,000
UNDERLYING COVERAGE:
Carrier: | National Union Fire Insurance Company of Pittsburgh, PA | |
Single Loss Limit of Liability: | $15,000,000 | |
Single Loss Deductible: | $50,000 | |
Aggregate Limit: | $15,000,000 | |
Bond Number: | 02-708-18-83 | |
Bond Period: | 12/15/2020 to 12/15/2021 | |
Carrier: | Continental Casualty Company | |
Single Loss Limit of Liability: | $15,000,000 excess of $15,000,000 plus deductible | |
Aggregate Limit: | $15,000,000 | |
Bond Number: | 287195521 | |
Bond Period: | 12/15/2020 to 12/15/2021 | |
Carrier: | Everest Reinsurance Company | |
Single Loss Limit of Liability: | $10,000,000 excess of $30,000,000 plus deductible | |
Aggregate Limit: | $10,000,000 | |
Bond Number: | FL5FD00058-201 |
BCR FIB XS 01 15 | Page 1 of 3 |
Bond Period: | 12/15/2020 to 12/15/2021 | |
BCR FIB XS 01 15 | Page 2 of 3 |
Forms and Riders Forming Part of this Policy When Issued: | ||
Form Number and Edition Date |
Description of Form or Rider: | |
BCR WDC 01 01 15 |
Berkley Crime We Deliver Cover Page | |
BCR COV 01 08 18 |
Berkley Crime Cover Letter | |
BCR FIB XS 01 15 |
Financial Institution Excess Follow Form Certificate | |
BCR FIB 86 12 17 |
Office of Foreign Assets Control Rider - Endorsement | |
BCR WDB 01 01 15 |
Berkley Crime We Deliver Back Page |
Cancellation of Prior Insurance Issued by Us:
By acceptance of this Bond you give us notice canceling prior policy Numbers: BFBD-45002127-24
the cancellation to be effective at the time this Bond becomes effective.
IN WITNESS WHEREOF, Berkley Regional Insurance Company designated herein has executed and attested these presents.
Ira S. Lederman |
W. Robert Berkely, Jr. | |
Director, Senior Vice President and Secretary | Director and President |
BCR FIB XS 01 15 |
Page 3 of 3 |
RIDER/ENDORSEMENT
To be attached to and form part of Financial Institution Bond, No. or Computer Crime Policy for Financial Institutions, No. BFBD-45002127-25 in favor of Natixis Funds, Loomis Sayles Funds
It is agreed that:
1. | In accordance with the U.S. Treasury Departments Office of Foreign Assets Control(OFAC) regulations, if it is determined that the Insured hereunder has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payment nor premium refunds may be made without authorization from OFAC. |
2. | The Office of Foreign Assets Control administers and enforces sanctions policy, based on Presidential declarations of national emergency. OFAC has identified and listed numerous: foreign agents; front organizations; terrorists; terrorist organizations; and narcotics traffickers; as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasurys web site www.treas.gov/ofac. |
This rider/endorsement shall become effective as of 12:01 a.m. on 12/15/2020.
Accepted:
OFFICE OF FOREIGN ASSETS CONTROL RIDER/ENDORSEMENT
FOR USE WITH FINANCIAL INSTITUTION BONDS, STANDARD FORMS NOS, 14, 15, 24
AND 25 AND COMPUTER CRIME POLICY FOR FINANCIAL INSTITUTIONS.
ADOPTED NOVEMBER, 2017
BCR FIB 86 12 17 |
Page 1 of 1 |
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BerkleyCRIME I a Ber<ley Company |
Berkley Crime
29 South Main Street, 3rd FL I West Hartford, CT 06107 I 844.44.CRIME
Berkleycrime.com
CERTIFICATE
Natixis Funds Trust I
Natixis Funds Trust II
Natixis Funds Trust IV
Loomis Sayles Funds I
Loomis Sayles Funds II
Gateway Trust
Natixis ETF Trust
Natixis ETF Trust II
(the Trusts)
I, Paula Gilligan, Assistant Secretary of the Trust, hereby certify that the following is a true copy of the resolutions adopted by the Trustees of the Trust at a meeting held on December 3, 2020:
VOTED: | That, after considering all relevant factors, including, but not limited to, the value of the aggregate assets of the Fund to which any covered person may have access, the type and terms of the arrangements made for the custody and safekeeping of such assets, the number of other parties named as insureds and the sizes and nature of the businesses of such parties, the blanket bond issued by National Union Fire Insurance Company, Continental Casualty Company, Everest Reinsurance Company and Berkley Regional Insurance Company providing fidelity bond protection of $53 million for the series of Natixis Funds Trust I, Natixis Funds Trust II, Natixis Funds Trust IV, Loomis Sayles Funds I, Loomis Sayles Funds II, Gateway Trust, Natixis ETF Trust and Natixis ETF Trust II (the Trusts) with a deductible of $50,000 for specified losses, is hereby approved as being reasonable in form and amount, and that the Trusts participation in the bond with the other named insureds is hereby approved for the period December 15, 2020 to December 15, 2021. | |
That the premiums to be paid for the blanket bond policies for the period from December 15, 2020 to December 15, 2021 be allocated to each Trust and each series within each Trust based on assets as of December 15, 2020, and it is hereby approved. |
/s/ Paula Gilligan |
Paula Gilligan |
Assistant Secretary |
FIDELITY BOND ALLOCATION AGREEMENT
This Agreement is dated as of December 15, 2020 and is entered into by and among Natixis Funds Trust I (Trust I), Natixis Funds Trust II (Trust II), Natixis Funds Trust IV (Trust IV), Loomis Sayles Funds I (LSF I), Loomis Sayles Funds II (LSF II), Gateway Trust (Gateway), Natixis ETF Trust (Natixis ETF) and Natixis ETF Trust II (Natixis ETF II) each on behalf of its investment portfolios. Trust I, Trust II, Trust IV, LSF I, LSF II, Gateway, Natixis ETF and Natixis ETF II are referred to collectively as the Parties.
In order to obtain joint-insureds fidelity bond under one or more asset protection bonds (the Bond), and in consideration of the mutual agreements set forth below, the Parties agree as follows:
1. | The Bond. The parties agree to secure and maintain the Bond, which will ensure each Partys respective portfolios, directors/trustees, partners and officers, and may insure such Partys agents and employees (with each of such insureds being referred to as an Insured and any Party and such of its Insureds being referred to as a Party and its Insureds). |
2. | Definitions. As used in this Agreement, the following terms have the following meanings: |
(a) | Agent means Natixis Investment Managers, L.P. or its successor, acting as agent for the Parties. |
(b) | Gross Coverage means the limit of liability under the Bond plus all deductibles applied to Insured Losses relating to the particular Bond Period. |
(c) | Insured Loss means a loss (including all related expenses) of an Insured that is covered under the Bond (including any endorsement thereof) or that would be so covered but for the exhaustion of the applicable limit of liability and any applicable deductible). |
(d) | Bond Period means the period from the initial effective date of the Bond through the next succeeding anniversary date or the period from any anniversary date subsequent to the initial effective date through the next succeeding anniversary date (or any modification of such period as may be agreed to by the parties and the Insurer). |
(e) | Proceeds means the insurance proceeds for all Insured Losses under the Bond relating to a particular Bond Period. |
3. | Allocation of Premiums. Except as otherwise provided below, the Bond premium for any period shall be allocated among the Parties insured during that period in proportion to their respective net assets. However, in |
the event that one or more Insureds claim Insured Losses, any increase in premium in subsequent Bond Periods due to such claims, as determined by the broker, shall be allocated among the Parties that made such claims in proportion to their respective net assets. |
4. | Allocation of Coverage. |
(a) | Coverage Sufficient for Insured Losses. If an Insured Loss is no greater than the Gross Coverage, the Proceeds for such Insured Loss shall be allocated among the Insureds according to their respective Insured Losses. |
(b) | Allocation of Limited Coverage. If an Insured Loss exceeds the Gross Coverage, the Proceeds for such Insured Loss shall be allocated among the respective Insureds who sustained such losses in proportion to the respective amounts of the Insured Losses of such Insureds. Each Party shall receive a share of the recovery at least equal to the amount of recovery it would have received under a single insured bond with the minimum amount coverage required for such bond under the Investment Company Act of 1940 and the regulations thereunder. |
5. | Notices. Each Insured agrees to promptly give the Insurer all notices required under the Bond. |
6. | Agent. The Agent is hereby appointed as the agent for the Insureds for the purposes of (a) seeking, negotiating and obtaining the Bond, (b) making, adjusting, receiving and enforcing payment of all claims under the bond and (c) otherwise dealing with the Insurer with respect to the Bond. All reasonable expenses incurred by the Agent in its capacity as agent for claims shall be shared by the Parties and their respective Insureds on whose behalf the expenses were incurred in proportion to their Insured Losses. |
7. | Notification of Agent. Each Party shall promptly notify the Agent in writing of any circumstance that may give rise to a claim by such Party or its Insureds under the Bond. |
8. | Modification and Termination. This Agreement may be modified or amended from time to time by mutual written agreement among the Parties. It shall terminate with respect to any Insured as of the date such Insured ceases to be an insured under the Bond; provided that such termination shall not affect the Insureds rights and obligations hereunder with respect to any claims or Insured Losses relating to a period when the Insured was insured under the Bond. |
9. | Further Assurances. Each party agrees to perform such further acts and execute such further documents as are necessary to effect the purposes hereof. |
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first written above.
Natixis Funds Trust I | ||
Natixis Funds Trust II | ||
Natixis Funds Trust IV | ||
Loomis Sayles Funds I | ||
Loomis Sayles Funds II | ||
Gateway Trust | ||
Natixis ETF Trust | ||
Natixis ETF Trust II | ||
By: | /s/ Michael Kardok | |
Name: | Michael Kardok | |
Title: | Treasurer |
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