1.
|
A
copy of the current Joint Fidelity Bond of the Funds;
and
|
|
2.
|
A
copy of the resolutions of the Board of Trustees (the “Board”) of each
Fund, adopted by a majority of the members of the Board of each Fund who
are not "interested persons" as defined by section 2(a)(19) of the 1940
Act, approving the form and the amount of the Joint Fidelity
Bond.
|
|
3.
|
A
copy of the Joint Insured Bond Agreement among Advent Claymore Convertible
Securities and Income Fund, Advent/Claymore Enhanced Growth & Income
Fund and Advent/Claymore Global Convertible Securities & Income
Fund.
|
DELIVERY INVOICE | |
Company:
ST. PAUL FIRE & MARINE INSURANCE
COMPANY
|
I
N
S
U
R
E
D
|
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
& INCOME FUND 1065
AVENUE OF THE AMERICAS - 31ST FLOOR
NEW
YORK, NY 10018
|
Policy
Inception/Effective Date: 04/30/09
Agency
Number: 3156565
ARC
EXCESS &
SURPLUS, LLC
Transaction
Type:
RENEWAL
- 490PB1877
Transaction
number:
Processing
date: 06/08/2009
Policy
Number: 490PB2250
|
A
G
E
N
T
|
ARC
EXCESS &
SURPLUS, LLC
1122
FRANKLIN AVENUE - 3RD FLOOR
GARDEN
CITY, NY 11530
|
Policy
Number
|
Description
|
Amount
|
Surtax/
Surcharge
|
490PB2250
|
FI
- BOND (ICBB)
|
$7,500
|
40724 Ed.12-90 Printed in U.S.A. | INSURED COPY | Page 1 |
40724 Ed.12-90 Printed in U.S.A. | INSURED COPY | Page 2 |
HOW TO REPORT LOSSES, CLAIMS, OR POTENTIAL CLAIMS TO TRAVELERS |
·
|
better
protects the interests of all parties;
|
|
·
|
helps
Travelers to try to resolve losses or claims more quickly;
and
|
|
·
|
often
reduces the overall cost of a loss or claim – losses or
claims reported more than five days after they happen cost on average 35%
more than those reported
earlier.
|
FAX
|
US MAIL
|
EMAIL
|
DECLARATIONS
|
BOND
NO. 490PB2250
|
Item
1.
|
Name
of Insured (herein called Insured):
|
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
Item
2.
|
Bond
Period from 12:01 a.m. on 04/30/09 to 12:01 a.m. on 04/30/2010 the
effective date of the termination or cancellation of the 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:
|
Limit
of Liability
|
Deductible
Amount
|
|
Insuring
Agreement A - FIDELITY
|
$3,000,000
|
$25,000
|
Insuring
Agreement B - AUDIT EXPENSE
|
$25,000
|
$NIL
|
Insuring
Agreement C - PREMISES
|
$3,000,000
|
$25,000
|
Insuring
Agreement D - TRANSIT
|
$3,000,000
|
$25,000
|
Insuring
Agreement E - FORGERY OR ALTERATION
|
$3,000,000
|
$25,000
|
Insuring
Agreement F - SECURITIES
|
$3,000,000
|
$25,000
|
Insuring
Agreement G - COUNTERFEIT CURRENCY
|
$3,000,000
|
$25,000
|
Insuring
Agreement H - STOP PAYMENT
|
$25,000
|
$5,000
|
Insuring
Agreement I - UNCOLLECTIBLE ITEMS OF DEPOSIT
|
$25,000
|
$10,000
|
OPTIONAL
COVERAGES ADDED BY RIDER:
|
||
INSURING
AGREEMENT (J) COMPUTER SYSTEMS
|
$3,000,000
|
$25,000
|
INSURING
AGREEMENT (K) UNAUTHORIZED SIGNATURES
|
$
25,000
|
$
5,000
|
INSURING
AGREEMENT (L) VOICE-INITIATED TRANSACTIONS
|
$3,000,000
|
$25,000
|
INSURING
AGREEMENT (M) TELEFACIMILE TRANSACTIONS
|
$3,000,000
|
$25,000
|
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
Insured's offices or premises in existence at the time this bond becomes
effective are covered under this bond except the offices or premises
located as follows: N/A
|
Item
5.
|
The
liability of the Underwriter is subject to the terms of the following
endorsements or riders attached hereto: Endorsements or Riders No. 1
through
|
Item
6.
|
The
Insured by the acceptance of this bond gives notice to the Underwriter
terminating or canceling prior bonds or policy(ies) No.(s) 490PB1877
such termination or cancellation to be effective as of the time
this bond becomes effective.
|
Countersigned:
|
ST.
PAUL FIRE AND MARINE INSURANCE COMPANY
|
||
|
|||
Authorized Representative |
Countersigned
At
|
||
|
|||
Countersignature
Date
|
(A)
|
FIDELITY
|
|||
Loss
resulting from any dishonest or fraudulent act(s), including Larceny or
Embezzlement, committed by an Employee, committed anywhere and whether
committed alone or in collusion with others, including loss of Property
resulting from such acts of an Employee, which Property is held by the
Insured for any purpose or in any capacity and whether so held
gratuitously or not and whether or not the Insured is liable
therefor
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
manifest intent:
|
||||
(a)
|
to
cause the Insured to sustain such loss; and
|
|||
(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.
|
|||
(B)
|
AUDIT
EXPENSE
|
|||
Expense incurred by the Insured
for that part of the costs of audits or examinations required by any
governmental regulatory authority to be conducted either by such authority
or by an independent accountant by reason of the discovery of loss
sustained by the Insured through any dishonest or fraudulent act(s),
including Larceny or Embezzlement, of any of the Employees. The total
liability of the Underwriter for such expense by reason of such acts of
any Employee or in which such Employee is concerned or implicated or with
respect to any one audit or examination is limited to the amount stated
opposite Audit Expense in Item 3 of the Declarations; it being understood,
however, that such expense shall be deemed to be a loss sustained by the
Insured through any dishonest or fraudulent act(s), including Larceny or
Embezzlement, of one or more of the Employees, and the liability under
this paragraph shall be in addition to the Limit of Liability stated in
Insuring Agreement (A) in Item 3 of the
Declarations.
|
||||
(C)
|
ON PREMISES | |||
|
Loss
of Property (occurring with or without negligence or violence) through
robbery, burglary, Larceny, theft, holdup, or other fraudulent means,
misplacement, mysterious unexplainable disappearance, damage thereto or
destruction thereof, abstraction or removal from the possession, custody
or control of the Insured, and loss of subscription, conversion,
redemption or deposit privileges through the misplacement or loss of
Property, while the Property is (or is supposed or believed by the Insured
to be) lodged or deposited within any offices or premises located
anywhere, except in an office listed in Item 4 of the Declarations or
amendment thereof or in the mail or with a carrier for hire, other than an
armored motor vehicle company, for the purpose of
transportation.
|
|||
Office
and Equipment
|
||||
(1)
|
loss
of or damage to furnishings, fixtures, stationery, supplies or equipment,
within any of the Insured's offices covered under this bond caused by
Larceny or theft in, or by burglary, robbery or hold-up of, such office,
or attempt thereat, or by vandalism or malicious mischief;
or
|
|||
(2)
|
loss
through damage to any such office by Larceny or theft in, or by burglary,
robbery or hold-up of, such office, or attempt thereat, or to the interior
of any such office by vandalism or malicious mischief provided, in any
event, that the Insured is the owner of such offices, furnishings,
fixtures, stationery, supplies or equipment or is legally liable for such
loss or damage always excepting, however, all loss or damage through
fire.
|
|||
(D)
|
IN
TRANSIT
|
Loss
of Property (occurring with or without negligence or violence) through
robbery, Larceny, theft, hold-up, misplacement, mysterious unexplainable
disappearance, being lost or otherwise made away with, damage thereto or
destruction thereof, and loss of subscription, conversion, redemption or
deposit privileges through the misplacement or loss of Property, while the
Property is in transit anywhere in the custody of any person or persons
acting as messenger, except while in the mail or with a carrier for hire,
other than an armored motor vehicle company, for the purpose of
transportation, such transit to begin immediately upon receipt of such
Property by the transporting person or persons, and to end immediately
upon delivery thereof at destination.
|
|||
(E)
|
FORGERY
OR ALTERATION
|
||
Loss
through Forgery or alteration of or on:
|
|||
(1)
|
any
bills of exchange, checks, drafts, acceptances, certificates of deposit,
promissory notes, or other written promises, orders or directions to pay
sums certain in money, due bills, money orders, warrants, orders upon
public treasuries, letters of credit; or
|
||
(2)
|
other
written instructions, advices or applications directed to the Insured,
authorizing or acknowledging the transfer, payment, delivery or receipt of
funds or Property, which instructions, advices or applications purport to
have been signed or endorsed by any:
|
||
(a)
|
customer
of the Insured, or
|
||
(b)
|
shareholder
or subscriber to shares, whether certificated or uncertificated, of any
Investment Company, or
|
||
(c)
|
financial
or banking institution or stockbroker,
|
||
but
which instructions, advices or applications either bear the forged
signature or endorsement or have been altered without the knowledge and
consent of such customer, shareholder or subscriber to shares, or
financial or banking institution or stockbroker; or
|
|||
(3)
|
withdrawal
orders or receipts for the withdrawal of funds or Property, or receipts or
certificates of deposit for Property and bearing the name of the Insured
as issuer, or of another Investment Company for which the Insured acts as
agent,
excluding,
however, any loss covered under Insuring Agreement (F) hereof whether or
not coverage for Insuring Agreement (F) is provided for in the
Declarations of this bond.
Any
check or draft (a) made payable to a fictitious payee and endorsed in
the name of such fictitious payee or (b) procured in a transaction with
the maker or drawer thereof or with one acting as an agent of such maker
or drawer or anyone impersonating another and made or drawn payable to the
one so impersonated and endorsed by anyone other than the one
impersonated, shall be deemed to be forged as to such endorsement.
Mechanically
reproduced facsimile signatures are treated the same as handwritten
signatures.
|
||
(F)
|
SECURITIES
|
||
Loss
sustained by the Insured, including loss sustained by reason of a
violation of the constitution by-laws, rules or regulations of any Self
Regulatory Organization of which the Insured is a member or which would
have been imposed upon the Insured by the constitution, by-laws, rules or
regulations of any Self Regulatory Organization if the Insured had been a
member thereof,
|
|||
(1)
|
through
the Insured's having, in good faith and in the course of business, whether
for its own account or for the account of others, in any representative,
fiduciary, agency or any other capacity, either gratuitously or otherwise,
purchased or otherwise acquired, accepted or received, or sold or
delivered, or given any value, extended any credit or assumed any
liability, on the faith of, or otherwise acted upon, any securities,
documents or other written instruments which prove to have
been:
|
||
(a)
|
counterfeited,
or
|
||
(b)
|
forged
as to the signature of any maker, drawer, issuer, endorser, assignor,
lessee, transfer agent or registrar, acceptor, surety or guarantor or as
to the signature of any person signing in any other capacity,
or
|
||
(c)
|
raised
or otherwise altered, or lost, or stolen, or
|
||
(2)
|
through
the Insured's having, in good faith and in the course of business,
guaranteed in writing or witnessed any signatures whether for valuable
consideration or not and whether or not such guaranteeing or witnessing is
ultra vires the Insured, upon any
transfers,
|
assignments,
bills of sale, powers of attorney, guarantees, endorsements or other
obligations upon or in connection with any securities, documents or other
written instruments and which pass or purport to pass title to such
securities, documents or other written instruments; excluding losses
caused by Forgery or alteration of, on or in those instruments covered
under Insuring Agreement (E) hereof.
|
|||
Securities,
documents or other written instruments shall be deemed to mean original
(including original counterparts) negotiable or non-negotiable agreements
which in and of themselves represent an equitable interest, ownership, or
debt, including an assignment thereof, which instruments are, in the
ordinary course of business, transferable by delivery of such agreements
with any necessary endorsement or assignment. The word "counterfeited" as
used in this Insuring Agreement shall be deemed to mean any security,
document or other written instrument which is intended to deceive and to
be taken for an original. Mechanically reproduced facsimile signatures are
treated the same as handwritten signatures.
|
|||
(G)
|
COUNTERFEIT
CURRENCY
|
||
Loss
through the receipt by the Insured, in good faith, of any counterfeited
money orders or altered paper currencies or coin of the United States of
America or Canada issued or purporting to have been issued by the United
States of America or Canada or issued pursuant to a United States of
America or Canada statute for use as currency.
|
|||
(H)
|
STOP
PAYMENT
|
||
Loss
against any and all sums which the Insured shall become obligated to pay
by reason of the liability imposed upon the Insured by law for
damages:
|
|||
For
having either complied with or failed to comply with any written notice of
any customer, shareholder or subscriber of the Insured or any Authorized
Representative of such customer, shareholder or subscriber to stop payment
of any check or draft made or drawn by such customer, shareholder or
subscriber or any Authorized Representative of such customer, shareholder
or subscriber, or
For
having refused to pay any check or draft made or drawn by any customer,
shareholder or subscriber of the Insured or any Authorized Representative
of such customer, shareholder or subscriber.
|
|||
(I)
|
UNCOLLECTIBLE
ITEMS OF DEPOSIT
|
||
Loss
resulting from payments of dividends or fund shares, or withdrawals
permitted from any customer's, shareholder's, or subscriber's account
based upon Uncollectible Items of Deposit of a customer, shareholder or
subscriber credited by the Insured or the Insured's agent to such
customer's, shareholder's or subscriber's Mutual Fund Account; or loss
resulting from an Item of Deposit processed through an Automated Clearing
House which is reversed by the customer, shareholder or subscriber and
deemed uncollectible by the Insured.
Loss
includes dividends and interest accrued not to exceed 15% of the
Uncollectible Items which are deposited.
This
Insuring Agreement applies to all Mutual Funds with "exchange privileges"
if all Fund(s) in the exchange program are insured by the Underwriter for
Uncollectible Items of Deposit. Regardless of the number of transactions
between Fund(s), the minimum number of days of deposit within the Fund(s)
before withdrawal as declared in the Fund(s) prospectus shall begin from
the date a deposit was first credited to any Insured
Fund(s).
|
A.
|
ADDITIONAL
OFFICES OR EMPLOYEES –
CONSOLIDATION OR MERGER –
NOTICE
|
|
(1)
|
If
the Insured shall, while this bond is in force, establish any additional
office or offices, such offices shall be automatically covered hereunder
from the dates of their establishment, respectively. No notice to the
Underwriter of an increase during any premium period in the number of
offices or in the number of Employees at any of the offices covered
hereunder need be given and no additional premium need be paid for the
remainder of such premium period.
|
|
(2)
|
If
an Investment Company, named as Insured herein, shall, while this bond is
in force, merge or consolidate with, or purchase the assets of another
institution, coverage for such acquisition shall apply
automatically
|
from
the date of acquisition. The Insured shall notify the Underwriter of such
acquisition within 60 days of said date, and an additional premium shall
be computed only if such acquisition involves additional offices or
employees.
|
||
B.
|
WARRANTY
|
|
No
statement made by or on behalf of the Insured, whether contained in the
application or otherwise, shall be deemed to be a warranty of anything
except that it is true to the best of the knowledge and belief of the
person making the statement,
|
||
C.
|
COURT
COSTS AND ATTORNEYS' FEES
|
|
(Applicable
to all Insuring Agreements or Coverages now or hereafter forming part of
this bond)
The
Underwriter will indemnify the Insured against court costs and reasonable
attorneys' fees incurred and paid by the Insured in defense, whether or
not successful, whether or not fully litigated on the merits and whether
or not settled, of any suit or legal proceeding brought against the
Insured to enforce the Insured's liability or alleged liability on account
of any loss, claim or damage which, if established against the Insured,
would constitute a loss sustained by the Insured covered under the terms
of this bond provided, however, that with respect to Insuring Agreement
(A) this indemnity shall apply only in the event
that:
|
||
(1)
|
an
Employee admits to being guilty of any dishonest or fraudulent act(s),
including Larceny or Embezzlement; or
|
|
(2)
|
an
Employee is adjudicated to be guilty of any dishonest or fraudulent
act(s), including Larceny or Embezzlement;
|
|
(3)
|
in
the absence of (1) or (2) above an arbitration panel agrees, after a
review of an agreed statement of facts, that an Employee would be found
guilty of dishonesty if such Employee were prosecuted.
|
|
The
Insured shall promptly give notice to the Underwriter of any such suit or
legal proceedings and at the request of the Underwriter shall furnish it
with copies of all pleadings and other papers therein. At the
Underwriter's election the Insured shall permit the Underwriter to conduct
the defense of such suit or legal proceeding, in the Insured's name,
through attorneys of the Underwriter's selection. In such event, the
Insured shall give all reasonable information and assistance which the
Underwriter shall deem necessary to the proper defense of such suit or
legal proceeding.
|
||
If
the amount of the Insured's liability or alleged liability is greater than
the amount recoverable under this bond, or if a Deductible Amount is
applicable, or both, the liability of the Underwriter under this General
Agreement is limited to the proportion of court costs and attorneys' fees
incurred and paid by the Insured or by the Underwriter that the amount
recoverable under this bond bears to the total of such amount plus the
amount which is not so recoverable. Such indemnity shall be in addition to
the Limit of Liability for the applicable Insuring Agreement or
Coverage.
|
||
D.
|
FORMER
EMPLOYEE
|
|
Acts
of an Employee, as defined in this bond, are covered under Insuring
Agreement (A) only while the Employee is in the Insured's employ. Should
loss involving a former Employee of the Insured be discovered subsequent
to the termination of employment, coverage would still apply under
Insuring Agreement (A) if the direct proximate cause of the loss occurred
while the former Employee performed duties within the scope of his/her
employment.
|
SECTION
1. DEFINITIONS
|
||
The
following terms, as used in this bond have the respective meanings stated
in this Section:
|
||
(a)
|
"Employee"
means:
|
|
(1)
|
any
of the Insured's officers, partners, or employees, and
|
|
(2)
|
any
of the officers or employees of any predecessor of the Insured whose
principal assets are acquired by the Insured by consolidation or merger
with, or purchase of assets or capital stock of, such predecessor,
and
|
(3)
|
attorneys
retained by the Insured to perform legal services for the Insured and the
employees of such attorneys while such attorneys or employees of such
attorneys are performing such services for the Insured,
and
|
||
(4)
|
guest
students pursuing their studies or duties in any of the Insured's offices,
and
|
||
(5)
|
directors
or trustees of the Insured, the investment advisor, underwriter
(distributor), transfer agent, or shareholder accounting record keeper, or
administrator authorized by written agreement to keep financial and/or
other required records, but only while performing acts coming within the
scope of the usual duties of an officer or employee or while acting as a
member of any committee duly elected or appointed to examine or audit or
have custody of or access to the Property of the Insured,
and
|
||
(6)
|
any
individual or individuals assigned to perform the usual duties of an
employee within the premises of the Insured, by contract, or by any agency
furnishing temporary personnel on a contingent or part time
basis, and
|
||
(7)
|
each
natural person, partnership or corporation authorized by written agreement
with the Insured to perform services as electronic data processor of
checks or other accounting records of the Insured, but excluding any such
processor who acts as transfer agent or in any other agency capacity in
issuing checks, drafts or securities for the Insured, unless included
under sub-section (9) hereof, and
|
||
(8)
|
those
persons so designated in Section 15, Central Handling of Securities,
and
|
||
(9)
|
any
officer, partner, or Employee of:
|
||
(a)
|
an
investment advisor,
|
||
(b)
|
an
underwriter (distributor),
|
||
(c)
|
a
transfer agent or shareholder accounting record-keeper,
or
|
||
(d)
|
an
administrator authorized by written agreement to keep financial and/or
other required records,
|
||
for
an Investment Company named as Insured while performing acts coming within
the scope of the usual duties of an officer or Employee of any investment
Company named as Insured herein, or while acting as a member of any
committee duly elected or appointed to examine or audit or have custody of
or access to the Property of any such
Investment Company, provided that only Employees or partners of a transfer
agent, shareholder accounting record-keeper or administrator which is an
affiliated person, as defined in the Investment Company Act of 1940, of an
Investment Company named as Insured or is an affiliated person of the
advisor, underwriter or administrator of such Investment Company, and
which is not a bank, shall be included within the definition of
Employee.
|
|||
Each
employer of temporary personnel or processors as set forth in sub-sections
(6) and (7) of Section 1(a) and their partners, officers and employees
shall collectively be deemed to be one person for all the purposes of this
bond, excepting, however, the last paragraph of Section
13.
|
|||
Brokers,
or other agents under contract or representatives of the same general
character shall not be considered Employees.
|
|||
(b)
|
"Property"
means money (i.e. currency, coin, bank notes, Federal Reserve notes),
postage and revenue stamps, U.S. Savings Stamps, bullion, precious metals
of all kinds and in any form and articles made therefrom, jewelry,
watches, necklaces, bracelets, gems, precious and semi-precious stones,
bonds, securities, evidences of debts, debentures, scrip, certificates,
interim receipts, warrants, rights, puts, calls, straddles, spreads,
transfers, coupons, drafts, bills of exchange, acceptances, notes, checks,
withdrawal orders, money orders, warehouse receipts, bills of lading,
conditional sales contracts, abstracts of title, insurance policies,
deeds, mortgages under real estate and/or chattels and upon interests
therein, and assignments of such policies, mortgages and instruments, and
other valuable papers, including books of account and other records used
by the Insured in the conduct of its business, and all other instruments
similar to or in the nature of the foregoing including Electronic
Representations of such instruments enumerated above (but excluding all
data processing records) in which the Insured has an interest or in which
the Insured acquired or should have acquired an interest by reason of a
predecessor's declared financial condition at the time of the Insured's
consolidation or merger with, or purchase of the principal assets of, such
predecessor or which are held by the Insured for any purpose or in any
capacity and whether so held gratuitously or not and whether or not the
Insured is liable therefor.
|
||
(c)
|
"Forgery"
means the signing of the name of another with intent to deceive; it does
not
|
include
the signing of one's own name with or without authority, in any capacity,
for any purpose.
|
||
(d)
|
"Larceny
and Embezzlement" as it applies to any named Insured means those acts as
set forth in Section 37 of the Investment Company Act of
1940.
|
|
(e)
|
"Items
of Deposit" means any one or more checks and drafts. Items of Deposit
shall not be deemed uncollectible until the Insured's collection
procedures have failed.
|
|
SECTION
2. EXCLUSIONS THIS BOND, DOES NOT
COVER:
|
||
(a)
|
loss
effected directly or indirectly by means of forgery or alteration of, on
or in any instrument, except when covered by Insuring Agreement (A), (E),
(F) or (G).
|
|
(b)
|
loss
due to riot or civil commotion outside the United States of America and
Canada; or loss due to military, naval or usurped power, war or
insurrection unless such loss occurs in transit in the circumstances
recited in Insuring Agreement (D), and unless, when such transit was
initiated, there was no knowledge of such riot, civil commotion, military,
naval or usurped power, war or insurrection on the part of any person
acting for the Insured in initiating such transit.
|
|
(c)
|
loss,
in time of peace or war, directly or indirectly caused by or resulting
from the effects of nuclear fission or fusion or radioactivity; provided,
however, that this paragraph shall not apply to loss resulting from
industrial uses of nuclear energy.
|
|
(d)
|
loss
resulting from any wrongful 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, partial owner or partner of the Insured in some other
capacity, nor, in any event, loss resulting from the act or acts of any
person while acting in the capacity of a member of such Board or
equivalent body.
|
|
(e)
|
loss
resulting from the complete or partial non-payment of, or default upon,
any loan or transaction in the nature of, or amounting to, a loan made by
or obtained from the Insured or any of its partners, directors or
Employees, whether authorized or unauthorized and whether procured in good
faith or through trick, artifice fraud or false pretenses, unless such
loss is covered under Insuring Agreement (A), (E) or
(F).
|
|
(f)
|
loss
resulting from any violation by the Insured or by any
Employee:
|
|
(1)
|
of
law regulating (a) the issuance, purchase or sale of securities, (b)
securities transactions upon Security Exchanges or over the counter
market, (c) Investment Companies, or (d) Investment Advisors,
or
|
|
(2)
|
of
any rule or regulation made pursuant to any such law.
|
|
unless
such loss, in the absence of such laws, rules or regulations, would be
covered under Insuring Agreements (A) or (E).
|
||
(g)
|
loss
of Property or loss of privileges through the misplacement or loss of
Property as set forth in Insuring Agreement (C) or (D) while the Property
is in the custody of any armored motor vehicle company, unless such loss
shall be in excess of the amount recovered or received by the Insured
under (a) the Insured's contract with said armored motor vehicle company,
(b) insurance carried by said armored motor vehicle company for the
benefit of users of its service, and (c) all other insurance and indemnity
in force in whatsoever form carried by or for the benefit of users of said
armored motor vehicle company's service, and then this bond shall cover
only such excess.
|
|
(h)
|
potential
income, including but not limited to interest and dividends, not realized
by the Insured because of a loss covered under this bond, except as
included under Insuring Agreement (I).
|
|
(i)
|
all
damages of any type for which the Insured is legally liable, except direct
compensatory damages arising from a loss covered under this
bond.
|
|
(j)
|
loss
through the surrender of Property away from an office of the Insured as a
result of a threat:
|
|
(1)
|
to
do bodily harm to any person, except loss of Property in transit in the
custody of any person acting as messenger provided that when such transit
was initiated there was no knowledge by the Insured of any such threat,
or
|
|
(2)
|
to
do damage to the premises or Property of the Insured, except when covered
under Insuring Agreement (A).
|
(k)
|
all
costs, fees and other expenses incurred by the Insured in establishing the
existence of or amount of loss covered under this bond unless such
indemnity is provided for under Insuring Agreement (B).
|
|
(l)
|
loss
resulting from payments made or withdrawals from the account of a customer
of the Insured, shareholder or subscriber to shares involving funds
erroneously credited to such account, unless such payments are made to or
withdrawn by such depositors or representative of such person, who is
within the premises of the drawee bank of the Insured or within the office
of the Insured at the time of such payment or withdrawal or unless such
payment is covered under Insuring Agreement (A).
|
|
(m)
|
any
loss resulting from Uncollectible Items of Deposit which are drawn from a
financial institution outside the fifty states of the United States of
America, District of Columbia, and territories and possessions of the
United States of America, and Canada.
|
|
SECTION
3. ASSIGNMENT OF
RIGHTS
|
||
This
bond does not afford coverage in favor of any Employers of temporary
personnel or of processors as set forth in sub-sections (6) and (7) of
Section 1(a) of this bond, as aforesaid, and upon payment to the Insured
by the Underwriter on account of any loss through dishonest or fraudulent
act(s) including Larceny or Embezzlement committed by any of the partners,
officers or employees of such Employers, - whether acting alone or in
collusion with others, an assignment of such of the Insured's rights and
causes of action as it may have against such Employers by reason of such
acts so committed shall, to the extent of such payment, be given by the
Insured to the Underwriter, and the Insured shall execute all papers
necessary to secure to the Underwriter the rights herein provided
for.
|
||
SECTION
4. LOSS – NOTICE –
PROOF – LEGAL PROCEEDINGS
|
||
This
bond is for the use and benefit only of the Insured named in the
Declarations and the Underwriter shall not be liable hereunder for loss
sustained by anyone other than the Insured unless the Insured, in its sole
discretion and at its option, shall include such loss in the Insured's
proof of loss. At the earliest practicable moment after discovery of any
loss hereunder the Insured shall give the Underwriter written notice
thereof and shall also within six months after such discovery furnish to
the Underwriter affirmative proof of loss with full particulars. If claim
is made under this bond for loss of securities or shares, the Underwriter
shall not be liable unless each of such securities or shares is identified
in such proof of loss by a certificate or bond number or, where such
securities or shares are uncertificated, by such identification means as
agreed to by the Underwriter. The Underwriter shall have thirty days after
notice and proof of loss within which to investigate the claim, but where
the loss is clear and undisputed, settlement shall be made within
forty-eight hours; and this shall apply notwithstanding the loss is made
up wholly or in part of securities of which duplicates may be obtained.
Legal proceedings for recovery of any loss hereunder shall not be brought
prior to the expiration of sixty days after such proof of loss is filed
with the Underwriter nor after the expiration of twenty-four months from
the discovery of such loss, except that any action or proceedings to
recover hereunder on account of any judgment against the Insured in any
suit mentioned in General Agreement C or to recover attorneys' fees paid
in any such suit, shall be begun within twenty four months from
the date upon which the judgment in such suit shall become final. 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 be equal to the minimum period of limitation permitted by such
law.
|
||
Discovery
occurs when the Insured:
|
||
(a)
|
becomes
aware of facts, or
|
|
(b)
|
receives
written notice of an actual or potential claim by a third party which
alleges that the Insured is liable under circumstances.
|
|
which
would cause a reasonable person to assume that a loss covered by the bond
has been or will be incurred even though the exact amount or details of
loss may not be then known.
|
||
SECTION
5. VALUATION OF
PROPERTY
|
||
The
value of any Property, except books of accounts or other records used by
the Insured in the conduct of its business, for the loss of which a claim
shall be made hereunder, shall be determined by the average market value
of such Property on the business day next preceding the discovery of such
loss; provided, however, that the value of any Property replaced by the
Insured prior to the payment of claim therefor shall be the actual market
value at the time of replacement; and further provided that in case of a
loss or misplacement of interim certificates, warrants, rights, or other
securities, the production of which is necessary to the exercise of
subscription, conversion, redemption or deposit privileges, the value
thereof shall be the market value of such
privileges
|
immediately
preceding the expiration thereof if said loss or misplacement is not
discovered until after their expiration. If no market price is quoted for
such Property or for such privileges, the value shall be fixed by
agreement between the parties or by arbitration
In
case of any loss or damage to Property consisting of books of accounts or
other records used by the Insured in the conduct of its business, the
Underwriter shall be liable under this bond only if such books or records
are actually reproduced and then for not more than the cost of blank
books, blank pages or other materials plus the cost of labor for the
actual transcription or copying of data which shall have been furnished by
the Insured in order to reproduce such books and other
records.
|
||
SECTION
6. VALUATION OF PREMISES
AND FURNISHINGS
|
||
In
case of damage to any office of the Insured, or loss of or damage to the
furnishings, fixtures, stationery, supplies, equipment, safes or vaults
therein, the Underwriter shall not be liable for more than the actual cash
value thereof, or for more than the actual cost of their replacement or
repair. The Underwriter may, at its election, pay such actual cash value
or make such replacement or repair. If the underwriter and the Insured
cannot agree upon such cash value or such cost of replacement or repair,
such shall be determined by arbitration,
|
||
SECTION
7. LOST
SECURITIES
|
||
If
the Insured shall sustain a loss of securities the total value of which is
in excess of the limit stated in Item 3 of the Declarations of this bond,
the liability of the Underwriter shall be limited to payment for, or
duplication of, securities having value equal to the limit stated in Item
3 of the Declarations of this bond.
If
the Underwriter shall make payment to the Insured for any loss of
securities, the Insured shall thereupon assign to the Underwriter all of
the Insured's rights, title and interest in and to said
securities.
With
respect to securities the value of which do not exceed the Deductible
Amount (at the time of the discovery of the loss) and for which the
Underwriter may at its sole discretion and option and at the request of
the Insured issue a Lost Instrument Bond or Bonds to effect replacement
thereof, the Insured will pay the usual premium charged therefor and will
indemnify the Underwriter against all loss or expense that the Underwriter
may sustain because of the issuance of such Lost Instrument Bond or
Bonds.
|
||
With
respect to securities the value of which exceeds the Deductible Amount (at
the time of discovery of the loss) and for which the Underwriter may issue
or arrange for the issuance of a Lost Instrument Bond or Bonds to effect
replacement thereof, the Insured agrees that it will pay as premium
therefor a proportion of the usual premium charged therefor, said
proportion being equal to the percentage that the Deductible Amount bears
to the value of the securities upon discovery of the loss, and that it
will indemnify the issuer of said Lost Instrument Bond or Bonds against
all loss and expense that is not recoverable from the Underwriter under
the terms and conditions of this Investment Company Blanket Bond subject
to the Limit of Liability hereunder.
|
||
SECTION
8. SALVAGE
|
||
in
case of recovery, whether made by the Insured or by the Underwriter, on
account of any loss in excess of the Limit of Liability hereunder plus the
Deductible Amount applicable to such loss, from any source other than
suretyship, insurance, reinsurance, security or indemnity taken by or for
the benefit of the Underwriter, the net amount of such recovery, less the
actual costs and expenses of making same, shall be applied to reimburse
the Insured in full for the excess portion of such loss, and the
remainder, if any, shall be paid first in reimbursement of the Underwriter
and thereafter in reimbursement of the Insured for that part of such loss
within the Deductible Amount. The Insured shall execute all necessary
papers to secure to the Underwriter the rights provided for
herein.
|
||
SECTION
9. NON-REDUCTION AND
NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY
|
||
At
all times prior to termination hereof, this bond shall continue in force
for the limit stated in the applicable sections of Item 3 of the
Declarations of this bond notwithstanding any previous loss for which the
Underwriter may have paid or be liable to pay hereunder; PROVIDED,
however, that regardless of the number of years this bond shall continue
in force and the number or premiums which shall be payable or paid, the
liability of the Underwriter under this bond with respect to all loss
resulting from:
|
||
(a)
|
any
one act of burglary, robbery or holdup, or attempt thereat, in which no
Partner or Employee is concerned or implicated shall be deemed to be one
loss, or
|
|
(b)
|
any
one unintentional or negligent act on the part of any other person
resulting in damage to or destruction or misplacement of Property, shall
be deemed to be one loss, or
|
(c)
|
all
wrongful acts, other than those specified in (a) above, of any one person
shall be deemed to be one loss, or
|
|
(d)
|
all
wrongful acts, other than those specified in (a) above, of one or more
persons (which dishonest act(s) or act(s) of Larceny or Embezzlement
include, but are not limited to, the failure of an Employee to report such
acts of others) whose dishonest act or acts intentionally or
unintentionally, knowingly or unknowingly, directly or indirectly, aid or
aids in any way, or permits the continuation of, the dishonest act or acts
of any other person or persons shall be deemed to be one loss with the act
or acts of the persons aided, or
|
|
(e)
|
any
one casualty or event other than those specified in (a), (b), (c) or (d)
preceding, shall be deemed to be one loss. and
|
|
shall
be limited to the applicable Limit of Liability stated in Item 3 of the
Declarations of this bond irrespective of the total amount of such loss or
losses and shall not be cumulative in amounts from year to year or from
period to period.
Sub-section
(c) is not applicable to any situation to which the language of
sub-section (d) applies.
|
||
SECTION
10. LIMIT OF
LIABILITY
|
||
With
respect to any loss set forth in the PROVIDED clause of Section 9 of this
bond which is recoverable or recovered in whole or in part under any other
bonds or policies issued by the Underwriter to the Insured or to any
predecessor in interest of the Insured and terminated or cancelled or
allowed to expire and in which the period of discovery has not expired at
the time any such loss thereunder is discovered, the total liability of
the Underwriter under this bond and under other bonds or policies shall
not exceed, in the aggregate, the amount carried hereunder on such loss or
the amount available to the Insured under such other bonds or policies, as
limited by the terms and conditions thereof, for any such loss if the
latter amount be the larger.
|
||
SECTION
11. OTHER
INSURANCE
|
||
If
the Insured shall hold, as indemnity against any loss covered hereunder,
any valid and enforceable insurance or suretyship, the Underwriter shall
be liable hereunder only for such amount of such loss which is in excess
of the amount of such other insurance or suretyship, not exceeding,
however, the Limit of Liability of this bond applicable to such
loss.
|
||
SECTION
12. DEDUCTIBLE
|
||
The
Underwriter shall not be liable under any of the Insuring Agreements of
this bond on account of loss as specified, respectively, in sub-sections
(a), (b), (c), (d) and (e) of Section 9, NON-REDUCTION AND
NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY, unless the amount of
such loss, after deducting the net amount of all reimbursement and/or
recovery obtained or made by the Insured, other than from any bond or
policy of insurance issued by an insurance company and covering such loss,
or by the Underwriter on account thereof prior to payment by the
Underwriter of such loss, shall exceed the Deductible Amount set forth in
Item 3 of the Declarations hereof (herein called Deductible Amount), and
then for such excess only, but in no event for more than the applicable
Limit of Liability stated in Item 3 of the Declarations.
The
Insured will bear, in addition to the Deductible Amount, premiums on Lost
Instrument Bonds as set forth in Section 7.
There
shall be no deductible applicable to any loss under Insuring Agreement A
sustained by any Investment Company named as Insured
herein.
|
||
SECTION
13. TERMINATION
|
||
The
Underwriter may terminate this bond as an entirety by furnishing written
notice specifying the termination date, which cannot be prior to 60 days
after the receipt of such written notice by each Investment Company named
as Insured and the Securities and Exchange Commission, Washington, D.C.
The Insured may terminate this bond as an entirety by furnishing written
notice to the Underwriter. When the Insured cancels, the Insured shall
furnish written notice to the Securities and Exchange Commission,
Washington, D.C., prior to 60 days before the effective date of the
termination. The Underwriter shall notify all other Investment Companies
named as Insured of the receipt of such termination notice and the
termination cannot be effective prior to 60 days after receipt of written
notice by all other Investment Companies. Premiums are earned until the
termination date as set forth herein.
This
Bond will terminate as to any one Insured immediately upon taking over of
such Insured by a receiver or other liquidator or by State or Federal
officials, or immediately upon the filing of a petition under any State or
Federal statute relative to bankruptcy or reorganization of the Insured,
or assignment for the benefit of creditors of the Insured, or immediately
upon such Insured ceasing to exist, whether through merger into another
entity, or by disposition of all of its
assets.
|
The
Underwriter shall refund the unearned premium computed at short rates in
accordance with the standard short rate cancellation tables if terminated
by the Insured or pro rata if terminated for any other
reason.
|
||
This
Bond shall terminate:
|
||
(a)
|
as
to any Employee as soon as any partner, officer or supervisory Employee of
the Insured, who is not in collusion with such Employee, shall learn of
any dishonest or fraudulent act(s), including Larceny or Embezzlement on
the part of such Employee without prejudice to the loss of any Property
then in transit in the custody of such Employee (see Section 16(d)),
or
|
|
(b)
|
as
to any Employee 60 days after receipt by each Insured and by the
Securities and Exchange Commission of a written notice from the
Underwriter of its desire to terminate this bond as to such Employee,
or
|
|
(c)
|
as
to any person, who is a partner, officer or employee of any Electronic
Data Processor covered under this bond, from and after the time that the
Insured or any partner or officer thereof not in collusion with such
person shall have knowledge or information that such person has committed
any dishonest or fraudulent act(s), including Larceny or Embezzlement in
the service of the Insured or otherwise, whether such act be committed
before or after the time this bond is effective.
|
|
SECTION
14. RIGHTS AFTER
TERMINATION OR CANCELLATION
|
||
At
any time prior to the termination or cancellation of this bond as an
entirety, whether by the Insured or the Underwrite, the Insured may give
the Underwriter notice that it desires under this bond an additional
period of 12 months within which to discover loss sustained by the Insured
prior to the effective date of such termination or cancellation and shall
pay an additional premium therefor.
|
||
Upon
receipt of such notice from the Insured, the Underwriter shall give its
written consent thereto; provided, however, that such additional period of
time shall terminate immediately:
|
||
(a)
|
on
the effective date of any other insurance obtained by the Insured, its
successor in business or any other party, replacing in whole or in part
the insurance afforded by this bond, whether or not such other insurance
provides coverage for loss sustained prior to its effective date,
or
|
|
(b)
|
upon
takeover of the Insured's business by any State or Federal official or
agency, or by any receiver or liquidator, acting or appointed for this
purpose without the necessity of the Underwriter giving notice of such
termination. In the event that such additional period of time is
terminated, as provided above, the Underwriter shall refund any unearned
premium.
|
|
The
right to purchase such additional period for the discovery of loss may not
be exercised by any State or Federal official or agency, or by a receiver
or liquidator, acting or appointed to take over the Insured's business for
the operation or for the liquidation thereof or for any
purpose.
|
||
SECTION
15. CENTRAL HANDLING OF
SECURITIES
|
||
Securities
included in the system for the central handling of securities established
and maintained by Depository Trust Company, Midwest Depository Trust
Company, Pacific Securities Depository Trust Company, and Philadelphia
Depository Trust Company, hereinafter called Corporations, to the extent
of the Insured's interest therein as effected by the making of appropriate
entries on the books and records of such Corporations shall be deemed to
be Property.
|
||
The
words "Employee" and 'Employees" shall be deemed to include the officers,
partners, clerks and other employees of the New York Stock Exchange,
Boston Stock Exchange, Midwest Stock Exchange, Pacific Stock Exchange and
Philadelphia Stock Exchange, hereinafter called Exchanges, and of the
above named Corporations, and of any nominee in whose name is registered
any security included within the systems for the central handling of
securities established and maintained by such Corporations, and any
employee or any recognized service company, while such officers, partners,
clerks and other employees and employees of service companies perform
services for such Corporations in the operation of such systems. For the
purpose of the above definition a recognized service company shall be any
company providing clerks or other personnel to the said Exchanges or
Corporations on a contract basis.
|
||
The
Underwriter shall not be liable on account of any loss(es) in connection
with the central handling of securities within the systems established and
maintained by such Corporations, unless such loss(es) shall be in excess
of the amount(s) recoverable or recovered under any bond or policy of
insurance indemnifying such Corporations against such loss(es), and then
the Underwriter shall be liable
hereunder
|
only
for the Insured's share of such excess loss(es), but in no event for more
than the Limit of Liability applicable hereunder.
|
||
For
the purpose of determining the Insured's share of excess loss(es) it shall
be deemed that the Insured has an interest in any certificate representing
any security included within such systems equivalent to the interest
the Insured then has in all certificates representing the same security
included within such systems and that such Corporations shall use their
best judgment in apportioning the amount(s) recoverable or recovered under
any bond or policy of insurance indemnifying such Corporations against
such loss(es) in connection with the central handling of securities within
such systems among all those having an interest as recorded by appropriate
entries in the books and records of such Corporations in Property involved
in such loss(es) on the basis that each such interest shall share in the
amount(s) so recoverable or recovered in the ratio that the value of each
such interest bears to the total value all such interests and that the
Insured's share of such excess loss(es) shall be the amount of the
Insured's interest in such Property in excess of the amount(s) so
apportioned to the Insured by such Corporations.
|
||
This
bond does not afford coverage in favor of such Corporations or Exchanges
or any nominee in whose name is registered any security included within
the systems for the central handling of securities established and
maintained by such Corporations, and upon payment to the Insured by the
Underwriter on account of any loss(es) within the systems, an assignment
of such of the Insured's rights and causes of action as it may have
against such Corporations or Exchanges shall to the extent of such
payment, be given by the Insured to the Underwriter, and the Insured shall
execute all papers necessary to secure the Underwriter the rights provided
for herein.
|
||
SECTION
16. ADDITIONAL COMPANIES
INCLUDED AS INSURED
|
||
If
more than one corporation, co-partnership or person or any combination of
them be included as the Insured herein:
|
||
(a)
|
the
total liability of the Underwriter hereunder for loss or losses sustained
by any one or more or all of them shall not exceed the limit for which the
Underwriter would be liable hereunder if all such loss were sustained by
any one of them;
|
|
(b)
|
the
one first named herein shall be deemed authorized to make, adjust and
receive and enforce payment of all claims hereunder and shall be deemed to
be the agent of the others for such purposes and for the giving or
receiving of any notice required or permitted to be given by the terms
hereof, provided that the Underwriter shall furnish each named Investment
Company with a copy of the bond and with any amendment thereto, together
with a copy of each formal filing of the settlement of each such claim
prior to the execution of such settlement;
|
|
(c)
|
the
Underwriter shall not be responsible for the proper application of any
payment made hereunder to said first named Insured;
|
|
(d)
|
knowledge
possessed or discovery made by any partner, officer of supervisory
Employee of any Insured shall for the purposes of Section 4 and Section 13
of this bond constitute knowledge or discovery by all the Insured;
and
|
|
(e)
|
if
the first named Insured ceases for any reason to be covered under this
bond, then the Insured next named shall thereafter be considered as the
first, named Insured for the purposes of this bond.
|
|
SECTION
17. NOTICE AND CHANGE OF
CONTROL
|
||
Upon
the Insured obtaining knowledge of a transfer of its outstanding voting
securities which results in a change in control (as set forth in Section
2(a) (9) of the Investment Company Act of 1940) of the Insured, the
Insured shall within thirty (30) days of such knowledge give written
notice to the Underwriter setting forth:
|
||
(a)
|
the
names of the transferors and transferees (or the names of the beneficial
owners if the voting securities are requested in another name),
and
|
|
(b)
|
the
total number of voting securities owned by the transferors and the
transferees (or the beneficial owners), both immediately before and after
the transfer, and
|
|
(c)
|
the
total number of outstanding voting securities.
|
|
As
used in this section, control means the power to exercise a controlling
influence over the management or policies of the
Insured.
|
||
Failing
to give the required notice shall result in termination of coverage of
this bond, effective upon the date of stock transfer for any loss in which
any transferee is concerned or implicated.
|
||
Such
notice is not required to be given in the case of an Insured which is an
Investment Company.
|
||
SECTION
18. CHANGE OR
MODIFICATION
|
ATTACHED
TO AND FORMING
PART
OF BOND OR POLICY NO.
|
DATE
ENDORSEMENT OR
RIDER
EXECUTED
|
*
EFFECTIVE DATE OF ENDORSEMENT OR RIDER
12:01
A.M. STANDARD TIME AS
SPECIFIED
IN THE BOND OR POLICY
|
490PB2250
|
06/08/09
|
04/30/09
|
*
ISSUED TO
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
1.
|
From and
after the time this rider becomes effective the Insured under the attached
bond are:
|
|
–
|
Advent
Claymore Convertible Securities & Income Fund
|
|
–
|
Advent
Claymore Enhanced Growth & Income Fund
|
|
–
|
Advent
Claymore
Global Convertible Securities & Income
Fund
|
2.
|
The
first named Insured shall act for itself and for each and all of the
Insured for all the purposes of the attached bond.
|
3.
|
Knowledge
possessed or discovery made by any Insured or by any partner or officer
thereof shall for all the purposes of the attached bond constitute
knowledge or discovery by all the Insured.
|
4.
|
If,
prior to the termination of the attached bond in its entirety, the
attached bond is terminated as to any Insured, there shall be no liability
for any loss sustained by such Insured unless discovered before the time
such termination as to such Insured becomes effective.
|
5.
|
The
liability of the Underwriter for loss or losses sustained by any or all of
the Insured shall not exceed the amount for which the Underwriter would be
liable had all such loss or losses been sustained by any one of the
Insured. 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.
|
6.
|
If
the first named Insured ceases for any reason to be covered under the
attached bond, then the Insured next named shall thereafter be considered
as the first named Insured for all the purposes of the attached
bond.
|
By
|
|||
Authorized
Representative
|
ATTACHED
TO AND FORMING
PART
OF BOND OR POLICY NO.
|
DATE
ENDORSEMENT OR
RIDER
EXECUTED
|
*
EFFECTIVE DATE OF ENDORSEMENT OR RIDER
12:01
A.M. STANDARD TIME AS
SPECIFIED
IN THE BOND OR POLICY
|
490PB2250
|
06/08/09
|
04/30/09
|
*
ISSUED TO
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
1.
|
The
attached bond is amended by adding an additional Insuring Agreement as
follows:
|
|||
INSURING
AGREEMENT J COMPUTER SYSTEMS
|
||||
Loss resulting directly from a fraudulent | ||||
(1)
|
entry
of data into, or
|
|||
(2)
|
change
of data elements or program within a Computer System listed in the
SCHEDULE below, provided the fraudulent entry or change
causes
|
|||
(a)
|
Property
to be transferred, paid or delivered,
|
|||
(b)
|
an
account of the Insured, or of its customer, to be added, deleted, debited
or credited, or
|
|||
(c)
|
an
unauthorized account or a fictitious account to be debited or credited,
and provided further, the fraudulent entry or change is made or caused by
an individual acting with the manifest intent to
|
|||
(i)
|
cause
the Insured to sustain a loss, and
|
|||
(ii)
|
obtain
financial benefit for that individual or for other persons intended by
that individual to receive financial
benefit.
|
2.
|
As
used in this Rider, Computer System means
|
||
(a)
|
computers
with related peripheral components, including storage components, wherever
located,
|
||
(b)
|
systems
and applications software,
|
||
(c)
|
terminal
devices, and
|
||
(d)
|
related
communication networks
|
||
by
which data are electronically collected, transmitted, processed, stored
and retrieved.
|
|||
3.
|
In
addition to the exclusions in the attached bond, the following exclusions
are applicable to this Insuring Agreement:
|
||
(a)
|
loss
resulting directly or indirectly from the theft of confidential
information, material or data;
and
|
(b)
|
loss
resulting directly or indirectly from entries or changes made by an
individual authorized to have access to a Computer System who acts in good
faith on instructions, unless such instructions are given to that
individual by a software contractor (or by a partner, officer or employee
thereof) authorized by the Insured to design, develop, prepare, supply,
service, write or implement programs for the Insured's Computer
System.
|
||
4.
|
The following portions of the attached bond are not applicable to this Rider: | ||
(a)
|
the
portion preceding the Insuring Agreements which reads "at any time but
discovered during the Bond Period";
|
||
(b)
|
Section
9 NONREDUCTION AND NON-ACCUMULATION OF LIABILITY of the Conditions and
Limitations; and
|
||
(c)
|
Section
10 LIMIT OF LIABILITY of the Conditions and
Limitations.
|
||
5.
|
The
coverage afforded by this Rider applies only to loss discovered by the
Insured during the period this Rider is in force.
|
||
6.
|
All
loss or series of losses involving the fraudulent activity of one
individual, or involving fraudulent activity, in which one individual is
implicated, whether or not that individual is specifically identified,
shall be treated as one loss. A series of losses involving
unidentified individuals but arising from the same method of operation may
be deemed by the Underwriter to involve the same individual and in that
event shall be treated as one loss.
|
||
7.
|
The
Limit of Liability for the coverage provided by this Rider shall be
Three MillionDollars
($3,000,000), it being
understood, however, that such liability shall be a part of and not in
addition to the Limit of Liability stated in Item 3 of the Declarations of
the attached bond or any amendment thereof.
|
||
8.
|
The
Underwriter shall be liable hereunder for the amount by which one loss
exceeds the Deductible Amount applicable to the attached bond, but not in
excess of the Limit of Liability stated above.
|
||
9.
|
If
any loss is covered under this Insuring Agreement and any other Insuring
Agreement or Coverage, the maximum amount payable for such loss shall not
exceed the largest amount available under any one Insuring Agreement or
Coverage.
|
||
10.
|
Coverage
under this Rider shall terminate upon termination or cancellation of the
bond to which this Rider is attached. Coverage under this Rider
may also be terminated or canceled without canceling the bond as an
entirety
|
||
(a)
|
60
days after receipt by the Insured of written notice from the Underwriter
of its desire to terminate or cancel coverage under this Rider,
or
|
||
(b)
|
immediately
upon receipt by the Underwriter of a written request from the Insured to
terminate or cancel coverage under this Rider.
|
||
The
Underwriter shall refund to the Insured the unearned premium for the
coverage under this Rider. The refund shall be computed at short rates if
this Rider be terminated or canceled or reduced by notice from, or at the
instance of, the
Insured.
|
By
|
|||
Authorized
Representative
|
ATTACHED
TO AND FORMING
PART
OF BOND OR POLICY NO.
|
DATE
ENDORSEMENT OR
RIDER
EXECUTED
|
*
EFFECTIVE DATE OF ENDORSEMENT OR RIDER
12:01
A.M. STANDARD TIME AS
SPECIFIED
IN THE BOND OR POLICY
|
490PB2250
|
06/08/09
|
04/30/09
|
*
ISSUED TO
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
1.
|
The
attached bond is amended by inserting an additional Insuring Agreement as
follows:
|
|
INSURING
AGREEMENT K UNAUTHORIZED SIGNATURE
|
||
(A)
|
Loss
resulting directly from the Insured having accepted, paid or cashed any
check or withdrawal order, draft, made or drawn on a customer's account
which bears the signature or endorsement of one other than a person whose
name and signature is on the application on file with the Insured as a
signatory on such account.
|
|
(B)
|
It
shall be a condition precedent to the Insured's right of recovery under
this Rider that the Insured shall have on file signatures of all persons
who are authorized signatories on such account.
|
|
2.
|
The
total liability of the Underwriter under Insuring Agreement K is limited
to the sum of Twenty
Five Thousand Dollars ($25,000), it being
understood, however, that such liability shall be part of and not in
addition to the Limit of Liability stated in Item 3 of the Declarations of
the attached bond or amendment thereof.
|
|
3.
|
With
respect to coverage afforded under this Rider, the Deductible Amount shall
be Five Thousand
Dollars ($5,000).
|
By
|
|||
Authorized
Representative
|
ATTACHED
TO AND FORMING
PART
OF BOND OR POLICY NO.
|
DATE
ENDORSEMENT OR
RIDER
EXECUTED
|
*
EFFECTIVE DATE OF ENDORSEMENT OR RIDER
12:01
A.M. STANDARD TIME AS
SPECIFIED
IN THE BOND OR POLICY
|
490PB2250
|
06/08/09
|
04/30/09
|
*
ISSUED TO
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
1.
|
The
attached Bond is amended by adding an additional Insuring Agreement as
follows:
|
||
INSURING
AGREEMENT M TELEFACSIMILE TRANSACTIONS
|
|||
Loss
caused by a Telefacsimile Transaction, where the request for such
Telefacsimile Transaction is unauthorized or fraudulent and is made with
the manifest intent to deceive; provided, that
the entity which receives such request generally maintains and follows
during the Bond Period all Designated Fax Procedures with respect to
Telefacsimile Transactions. The isolated failure of such entity to
maintain and follow a particular Designated Fax Procedure in a particular
instance will not preclude coverage under this Insuring Agreement, subject
to the exclusions herein and in the Bond.
|
|||
2.
|
Definitions.
The following terms used in this Insuring Agreement shall have the
following meanings:
|
||
a.
|
"Telefacsimile
System" means a system of transmitting and reproducing fixed graphic
material (as, for example, printing) by means of signals transmitted over
telephone lines.
|
||
b.
|
"Telefacsimile
Transaction" means any Fax Redemption, Fax Election, Fax Exchange, or Fax
Purchase.
|
||
c.
|
"Fax
Redemption" means any redemption of shares issued by an Investment Company
which is requested through a Telefacsimile System.
|
||
d.
|
"Fax
Election" means any election concerning dividend options available to Fund
shareholders which is requested through a Telefacsimile
System.
|
||
e.
|
"Fax
Exchange" means any exchange of shares in a registered account of one Fund
into shares in an identically registered account of another Fund in the
same complex pursuant to exchange privileges of the two Funds, which
exchange is requested through a Telefacsimile System.
|
||
f.
|
"Fax
Purchase" means any purchase of shares issued by an Investment Company
which is requested through a Telefacsimile System.
|
||
g.
|
"Designated
Fax Procedures" means the following procedures:
|
||
(1)
|
Retention: All
Telefacsimile Transaction requests shall be retained for at least six (6)
months. Requests shall be capable of being retrieved and produced in
legible form within a reasonable time after retrieval is
requested.
|
||
(2)
|
Identity Test:
The identity of the sender in any request for a Telefacsimile Transaction
shall be tested before executing that Telefacsimile Transaction, either by
requiring the sender to include on the face of the request a unique
identification number or to include key specific account information.
Requests of Dealers must be on company letterhead and be signed by an
authorized representative. Transactions by occasional users are
to be verified by telephone confirmation.
|
||
(3)
|
Contents: A
Telefacsimile Transaction shall not be executed unless the request for
such Telefacsimile Transaction is dated and purports to have been signed
by (a) any shareholder or subscriber to shares issued by a Fund, or (b)
any financial or banking institution or stockbroker.
|
||
(4)
|
Written Confirmation: A
written confirmation of each Telefacsimile Transaction shall be sent to
the shareholder(s) to whose account such Telefacsimile
Transaction relates, at the record address, by the end of the Insured's
next regular processing cycle, but no later than five (5) business days
following such Telefacsimile Transaction.
|
||
i.
|
"Designated"
means or refers to a written designation signed by a shareholder of record
of a Fund, either in such shareholder's initial application for the
purchase of Fund shares, with or without a Signature Guarantee, or in
another document with a Signature Guarantee.
|
||
j.
|
"Signature
Guarantee" means a written guarantee of a signature, which guarantee is
made by an Eligible Guarantor Institution as defined in Rule 17Ad-15(a)(2)
under the Securities Exchange Act of 1934.
|
||
3.
|
Exclusions.
It is further understood and agreed that this Insuring Agreement shall not
cover:
|
||
a.
|
Any
loss covered under Insuring Agreement A, "Fidelity," of this Bond; and
|
||
b.
|
Any
loss resulting from:
|
||
(1)
|
Any
Fax Redemption, where the proceeds of such redemption were requested to be
paid or made payable to other than (a) the shareholder of record, or (b) a
person Designated in the initial application or in writing at least one
(1) day prior to such redemption to receive redemption proceeds, or (c) a
bank account Designated in the initial application or in writing at least
one (1) day prior to such redemption to receive redemption proceeds; or
|
||
(2)
|
Any
Fax Redemption of Fund shares which had been improperly credited to a
shareholder's account, where such shareholder (a) did not cause, directly
or indirectly, such shares to be credited to such account, and (b)
directly or indirectly received any proceeds or other benefit from such
redemption; or
|
||
(3)
|
Any
Fax Redemption from any account, where the proceeds of such redemption
were requested to be sent to any address other than the record address or
another address for such account which was designated (a) over the
telephone or by telefacsimile at least fifteen (15) days prior to such
redemption, or (b) in the initial application or in writing at least one
(1) day prior to such redemption; or
|
||
(4)
|
The
intentional failure to adhere to one or more Designated Fax Procedures;
or
|
||
(5)
|
The
failure to pay for shares attempted to be purchased.
|
||
4.
|
The
Single Loss Limit of Liability under Insuring Agreement M is limited to
the sum of Three Million Dollars
($3,000,000) it
being understood, however, that such liability shall be part of and not in
addition to the Limit of Liability stated in Item 3 of the Declarations of
the attached Bond or amendments thereof
|
||
5.
|
With
respect to coverage afforded under this Rider the applicable Single loss
Deductible Amount is Twenty Five Thousand
Dollars ($25,000).
|
By
|
|||
Authorized
Representative
|
ATTACHED
TO AND FORMING
PART
OF BOND OR POLICY NO.
|
DATE
ENDORSEMENT OR
RIDER
EXECUTED
|
*
EFFECTIVE DATE OF ENDORSEMENT OR RIDER
12:01
A.M. STANDARD TIME AS
SPECIFIED
IN THE BOND OR POLICY
|
490PB2250
|
06/08/09
|
04/30/09
|
*
ISSUED TO
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
1.
|
The
attached bond is amended by inserting an additional Insuring Agreement as
follows:
|
||
INSURING
AGREEMENT L –
VOICE-INITIATED TRANSACTIONS
|
|||
Loss
caused by a Voice-initiated Transaction, where the request for such
Voice-initiated Transaction is unauthorized or fraudulent and is made with
the manifest intent to deceive; provided, that
the entity which receives such request generally maintains and follows
during the Bond Period all Designated Procedures with respect to
Voice-initiated Redemptions and the Designated Procedures described in
paragraph 2f (1) and (3) of this Rider with respect to all other
Voice-initiated Transactions. The isolated failure of such entity to
maintain and follow a particular Designated Procedure in a particular
instance will not preclude coverage under this Insuring Agreement, subject
to the specific exclusions herein and in the Bond.
|
|||
2.
|
Definitions.
The following terms used in this Insuring Agreement shall have the
following meanings:
|
||
a.
|
"Voice-initiated
Transaction" means any Voice-initiated Redemption, Voice-initiated
Election, Voice-initiated Exchange, or Voice-initiated
Purchase.
|
||
b.
|
"Voice-initiated
Redemption" means any redemption of shares issued by an Investment Company
which is requested by voice over the telephone.
|
||
c.
|
"Voice-initiated
Election" means any election concerning dividend options available to Fund
shareholders which is requested by voice over the
telephone.
|
||
d.
|
"Voice-initiated
Exchange" means any exchange of shares in a registered account of one Fund
into shares in an identically registered account of another Fund in the
same complex pursuant to exchange privileges of the two Funds, which
exchange is requested by voice over the telephone.
|
||
e.
|
"Voice-initiated
Purchase" means any purchase of shares issued by an Investment Company
which is requested by voice over the telephone.
|
||
f.
|
"Designated
Procedures" means the following procedures:
|
||
(1)
|
Recordings: All
Voice-initiated Transaction requests shall be recorded, and the recordings
shall be retained for at least six (6) months. Information
contained on the recordings shall be capable of being retrieved and
produced within a reasonable time after retrieval of specific information
is requested, at a success rate of no less than 85%.
|
||
(2)
|
Identity Test:
The identity of the caller in any request for a Voice-initiated Redemption
shall be tested before executing that Voice-initiated Redemption, either
by requesting the caller to state a unique identification number or to
furnish key specific account information.
|
||
(3)
|
Written
Confirmation: A written confirmation of each Voice-initiated
Transaction and of each change of the record address of a Fund shareholder
requested by voice over the telephone shall be mailed to the
shareholder(s) to whose account such Voice-initiated Transaction or change
of address relates, at the original record address (and, in the case of
such change of address, at the changed record address) by the end of the
Insured's next regular processing cycle, but no later than five (5)
business days following such Voice-initiated Transaction or change of
address.
|
||
g.
|
"Investment
Company" or "Fund" means an investment company registered under the
Investment Company Act of 1940.
|
||
h.
|
"Officially
Designated" means or refers to a written designation signed by a
shareholder of record of a Fund, either in such shareholder's initial
application for the purchase of Fund shares, with or without a Signature
Guarantee, or in another document with a Signature
Guarantee.
|
||
i.
|
"Signature
Guarantee" means a written guarantee of a signature, which guarantee is
made by a financial or banking institution whose deposits are insured by
the Federal Deposit Insurance Corporation or by a broker which is a member
of any national securities exchange registered under the Securities
Exchange Act of 1934.
|
||
3.
|
Exclusions.
It is further understood and agreed that this Insuring Agreement shall not
cover:
|
||
a.
|
Any
loss covered under Insuring Agreement A, "Fidelity," of this Bond;
and
|
||
b.
|
Any
loss resulting from:
|
||
(1)
|
Any
Voice-initiated Redemption, where the proceeds of such redemption were
requested to be paid or made payable to other than (a) the shareholder of
record, or (b) a person Officially Designated to receive redemption
proceeds, or (c) a bank account Officially Designated to receive
redemption proceeds; or
|
||
(2)
|
Any
Voice-initiated Redemption of Fund shares which had been improperly
credited to a shareholder's account, where such shareholder (a) did not
cause, directly or indirectly, such shares to be credited to such account,
and (b) directly or indirectly received any proceeds or other benefit from
such redemption; or
|
||
(3)
|
Any
Voice-initiated Redemption from any account, where the proceeds of such
redemption were requested to be sent (a) to any address other than the
record address for such account, or (b) to a record address for such
account which was either (i) designated over the telephone fewer than
thirty (30) days prior to such redemption, or (ii) designated in writing
less than on (1) day prior to such redemption; or
|
||
(4)
|
The
intentional failure to adhere to one or more Designated Procedures;
or
|
||
(5)
|
The
failure to pay for shares attempted to be purchased; or
|
||
(6)
|
Any
Voice-initiated Transaction requested by voice over the telephone and
received by an automated system which receives and converts such request
to executable instructions.
|
||
4.
|
The
total liability of the Underwriter under Insuring Agreement L is limited
to the sum of Three
Million Dollars ($3,000,000), it being
understood, however, that such liability shall be part of and not in
addition to the Limit of Liability stated in Item 3 of the Declarations of
the attached bond or amendment thereof.
|
||
5.
|
With
respect to coverage afforded under this Rider the applicable Deductible
Amount is
Twenty Five Thousand
Dollars ($25,000).
|
By
|
|||
Authorized
Representative
|
ATTACHED
TO AND FORMING
PART
OF BOND OR POLICY NO.
|
DATE
ENDORSEMENT OR
RIDER
EXECUTED
|
*
EFFECTIVE DATE OF ENDORSEMENT OR RIDER
12:01
A.M. STANDARD TIME AS
SPECIFIED
IN THE BOND OR POLICY
|
490PB2250
|
06/08/09
|
04/30/09
|
*
ISSUED TO
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
1.
|
Sub-section
7 of Section 1(a) in the Definition of Employee, is deleted and replaced
by the following:
|
|
(7)
|
"each
natural person, partnership or corporation authorized by written agreement
with the Insured to perform services as electronic data processor of
checks or other accounting records of the Insured (does not include the
creating, preparing, modifying or maintaining the Insured's computer
software or programs), but excluding any such processor who acts as
transfer agent or in any other agency capacity in issuing checks, drafts
or securities for the Insured, unless included under sub-section (9)
hereof, and"
|
By
|
|||
Authorized
Representative
|
ATTACHED
TO AND FORMING
PART
OF BOND OR POLICY NO.
|
DATE
ENDORSEMENT OR
RIDER
EXECUTED
|
*
EFFECTIVE DATE OF ENDORSEMENT OR RIDER
12:01
A.M. STANDARD TIME AS
SPECIFIED
IN THE BOND OR POLICY
|
490PB2250
|
06/08/09
|
04/30/09
|
*
ISSUED TO
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
1.
|
Section
1, Definitions, under General Agreements is amended to include the
following paragraph:
|
|
(f)
|
Investment
Company means an investment company registered under the Investment
Company Act of 1940 and as listed under the names of Insureds on the
Declarations.
|
By
|
|||
Authorized
Representative
|
ATTACHED
TO AND FORMING
PART
OF BOND OR POLICY NO.
|
DATE
ENDORSEMENT OR
RIDER
EXECUTED
|
*
EFFECTIVE DATE OF ENDORSEMENT OR RIDER
12:01
A.M. STANDARD TIME AS
SPECIFIED
IN THE BOND OR POLICY
|
490PB2250
|
06/08/09
|
04/30/09
|
*
ISSUED TO
ADVENT
CLAYMORE CONVERTIBLE SECURITIES
|
1.
|
Section
2, Exclusions, under General Agreements, is amended to include the
following sub-sections:
|
|
(n)
|
loss
from the use of credit, debit, charge, access, convenience,
identification, cash management or other cards, whether such cards were
issued or purport to have been issued by the Insured or by anyone else,
unless such loss is otherwise covered under Insuring Agreement
A.
|
|
(o)
|
the
underwriter shall not be liable under the attached bond for loss due to
liability imposed upon the Insured as a result of the unlawful disclosure
of non-public material information by the Insured or any Employee, or as a
result of any Employee acting upon such information, whether authorized or
unauthorized.
|
By
|
|||
Authorized
Representative
|
By
and on behalf of Advent Claymore Convertible
Securities
and Income Fund
|
||||
/s/
Rodd Baxter
|
||||
Name:
|
Rodd
Baxter
|
|||
Title:
|
Secretary
|
|||
By
and on behalf of Advent/Claymore
Enhanced
Growth & Income Fund
|
||||
/s/
Rodd Baxter
|
||||
Name:
|
Rodd
Baxter
|
|||
Title:
|
Secretary
|
|||
By
and on behalf of Advent/Claymore Global
Convertible
Securities & Income Fund
|
||||
/s/
Rodd Baxter
|
||||
Name:
|
Rodd
Baxter
|
|||
Title:
|
Secretary
|