(i)
|
a
copy of the Corporation's blanket bond and binder for the period
July 30,
2006 to July 30, 2007;
|
(ii)
|
a
copy of the resolutions of a majority of the board of directors of
the
Corporation who are not "interested persons" (as defined in the 1940
Act)
approving the form and amount of the
bond;
|
(iii)
|
proof
of premium payment by the Corporation for the period July 30, 2006
to July
30, 2007.
|
National
Union Fire Insurance Company of Pittsburgh,
Pa.
|
|
175
Water Street
|
|
New
York, NY 10038
|
A
member company of
|
(212)
770-7000
|
American
International Group, Inc.
|
RE:
|
PROSPECT
ENERGY CORPORATION LLC
Investment
Company Blanket Bond
Tab#:
7314991, Submission #: 470915360
Policy#:
006734472
Replacement
of Policy # 004932820
Policy
Period Effective Date From: 07/30/2006 To 07/30/2007
|
POLICY
INFORMATION
|
||
INSURED:
|
PROSPECT
ENERGY CORPORATION LLC
|
|
INSURED'S
ADDRESS:
|
10
EAST 40TH STREET
|
|
NEW
YORK, NY 10016
|
||
TYPE
OF POLICY:
|
Investment
Company Blanket Bond
|
|
BASIC
FORM:
|
||
INSURANCE
COMPANY:
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
|
POLICY
NUMBER:
|
006734472
|
|
EFFECTIVE
DATE:
|
07/30/2006
|
EXPIRATION
DATE 7/30/2007
|
LIMIT
OF LIABILITY:
|
$1,000,000
|
|
RETENTION:
|
$10,000
|
|
OTHER
TERMS:
|
Per
Insurer Quote/Indication Letter dated 08/16/2006 except as indicated
below.
|
|
PREMIUM:
|
$4,500
|
|
COMMISSION:
|
15.00%
|
|
Important
Conditions Of Binder: See
Below
|
Coverages
|
Limit
of Liability
|
Deductible
|
Insuring
Agreement A - Fidelity
|
$1,000,000
|
$10,000
|
Insuring
Agreement B - Audit Expense
|
$100,000
|
$5,000
|
Insuring
Agreement C - On Premises
|
$1,000,000
|
$10,000
|
Insuring
Agreement D - In Transit
|
$1,000,000
|
$10,000
|
Insuring
Agreement E - Forgery or Alteration
|
$1,000,000
|
$10,000
|
Insuring
Agreement F - Securities
|
$1,000,000
|
$10,000
|
Insuring
Agreement G - Counterfeit Currency
|
$1,000,000
|
$10,000
|
Insuring
Agreement H - Stop Payment
|
$100,000
|
$5,000
|
Insuring
Agreement I - Uncollectible Items of Deposit
|
$100,000
|
$5,000
|
Insuring
Agreement J - Computer Systems
|
$1,000,000
|
$10,000
|
Insuring
Agreement K - Voice Initiated Transfer Fraud
|
$1,000,000
|
$10,000
|
1.
|
FORMS
INDEX ENDORSEMENT
|
2.
|
COVERAGE
TERRITORY ENDORSEMENT (OFAC)
|
3.
|
COMPUTER
SYSTEMS/VIT
|
If
you have any questions regarding this policy, or for any other service
needs, please contact our AIG
Broker Services:
|
|
Monday-Friday
9:00 AM - 6:00 PM Eastern
|
|
Telephone:
1-877-TO-SERVE or (877)867-3783
|
|
E-mail:
TOSERVE@aig.com
|
|
Fax:
(800) 315-3896
|
Raising
the bar with commitment to
quality
|
ITEM
1.
|
Name
of Insured:
|
PROSPECT
ENERGY CORPORATION LLC
|
Principal
Address:
|
10
EAST
40TH STREET
|
ITEM
2.
|
Bond
Period: from 12:01 a.m. July
30, 2006 to
July
30, 2007 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,
|
COVERAGE
FORMS
|
Single
Loss
|
Single
Loss
|
Limit
of Liability
|
Deductible
|
|
Insuring
Agreement (A)-FIDELITY
|
$1,000,000
|
$10,000
|
Insuring
Agreement (B)-AUDIT EXPENSE
|
$100,000
|
$5,000
|
Insuring
Agreement (C)-ON PREMISES
|
$1,000,000
|
$10,000
|
Insuring
Agreement (D)-IN TRANSIT
|
$1,000,000
|
$10,000
|
Insuring
Agreement (E)-FORGERY OR ALTERATION
|
$1,000,000
|
$10,000
|
Insuring
Agreement (F)-SECURITIES
|
$1,000,000
|
$10,000
|
Insuring
Agreement (G)-COUNTERFEIT CURRENCY
|
$1,000,000
|
$10,000
|
Insuring
Agreement (H)-STOP PAYMENT
|
$100,000
|
$5,000
|
Insuring
Agreement (I)-UNCOLLECTIBLE ITEMS OF DEPOSIT
|
$100,000
|
$5,000
|
Optional
Insuring Agreements and Coverages
|
|
|
Insuring
Agreement (J)-COMPUTER SYSTEMS
|
$1,000,000
|
$10,000
|
Insuring
Agreement (K)-VOICE INITIATED TRANSFER FRAUD
|
$1,000,000
|
$10,000
|
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:
No
Exceptions
|
ITEM
5.
|
The
liability of the Underwriter is subject to the terms of the following
riders attached thereto:
Rider #1, #2, #3,
|
ITEM
6.
|
The
Insured by the acceptance of this bond gives to the Underwriter
terminating or canceling
prior bond(s) or policy(ies) No. 493-28-20
such
termination or cancellation to be
effective as of the time this bond becomes
effective.
|
PREMIUM:
|
$4,500
|
/s/
illegible
|
|
Authorized
Representative
|
(A)
|
FIDELITY
|
(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
|
(C)
|
ON
PREMISES
|
(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 holdup 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 holdup 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
|
(E)
|
FORGERY
OR ALTERATION
|
(F)
|
SECURITIES
|
(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.
|
(G)
|
COUNTERFEIT
CURRENCY
|
(H)
|
STOP
PAYMENT
|
(I)
|
UNCOLLECTIBLE
ITEMS OF DEPOSIT
|
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 office or 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
|
C.
|
COURT
COSTS AND ATTORNEYS' FEES
|
(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.
|
D.
|
FORMER
EMPLOYEE
|
(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 the 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,
|
(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 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.
|
(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 depositor 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.
|
(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
circumstance
|
(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 one 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)
|
ail
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
|
(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.
|
(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.
|
(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 ail 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 or 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.
|
(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.
|
This
endorsement, effective 12:01
AM July
30, 2006
|
||
forms
a part of policy
number 673-44-72
|
||
issued to PROSPECT ENERGY CORPORATION LLC | ||
by National
Union Fire Insurance Company of Pittsburgh,
Pa.
|
1.
|
The
attached bond is amended by adding an additional Insuring Agreement
as
follows:
|
(1)
|
entry
of data into, or
|
(2)
|
change
of data elements or programs within
|
(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;
|
(3)
|
voice
instructions or advices having been transmitted to the insured or
its
agent(s)
by telephone;
|
(a)
|
cause
the Insured or its agent(s) to sustain a loss,
and
|
(b)
|
obtain
financial benefit for that individual or for other persons intended
by that individual to receive financial
benefit,
|
(c)
|
and
further provided such voice instructions or
advices:
|
(i)
|
were
made by a person who purported to represent an individual
authorized to make such voice instructions or advices;
and
|
(ii)
|
were
electronically recorded by the Insured or its
agent(s).
|
This
endorsement, effective 12:01
AM July
30, 2006
|
||
forms
a part of policy
number 673-44-72
|
||
issued to PROSPECT ENERGY CORPORATION LLC | ||
by National
Union Fire Insurance Company of Pittsburgh,
Pa.
|
(4)
|
It
shall be a condition to recovery under the Computer Systems Rider
that
the
Insured or its agent(s) shall to the best of their ability electronically
record
all voice instructions or advices received over telephone. The Insured
or
its agent(s) warrant that they shall make their best efforts to maintain
the electronic recording system on a continuous basis. Nothing, however,
in this Rider
shall bar the insured from recovery where no recording is available
because of mechanical failure of the device used in making such recording,
or because of failure of the media used to record a conversation
from any
cause,
or error or omission of any Employee(s) or agent(s) of the
Insured.
|
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,
|
|
(d)
|
related
communication networks or customer communication systems,
and
|
(e)
|
related
Electronic Funds Transfer Systems,
|
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.
|
This
endorsement, effective 12:01
AM July
30, 2006
|
||
forms
a part of policy
number 673-44-72
|
||
issued to PROSPECT ENERGY CORPORATION LLC | ||
by National
Union Fire Insurance Company of Pittsburgh,
Pa.
|
4.
|
The
following portions of the attached bond are not applicable to this
Rider:
|
(a)
|
the
initial paragraph of the bond preceding the Insuring Agreements which
reads
"... at any time but discovered during the Bond
Period,"
|
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
One Million Dollars
($1,000,000).
|
8.
|
The
Underwriter shall be liable hereunder for the amount by which one
loss
shall be in excess of Ten Thousand Dollars ($10,000)
(herein called the Deductible Amount) 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 anyone 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 cancelled without cancelling 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.
|
This
endorsement, effective 12:01
AM July
30, 2006
|
||
forms
a part of policy
number 673-44-72
|
||
issued to PROSPECT ENERGY CORPORATION LLC | ||
by National
Union Fire Insurance Company of Pittsburgh,
Pa.
|
11.
|
Section
4-LOSS-NOTICE-PROOF-LEGAL PROCEEDING of the Conditions and Limitations
of this bond is amended by adding the following
sentence:
|
12.
|
Notwithstanding
the foregoing, however, coverage afforded by this Rider is not
designed
to provide protection against loss covered under a separate Electronic
and
Computer
Crime Policy by whatever title assigned or by whatever Underwriter
written.
Any loss which is covered under such separate Policy is excluded
from
coverage
under this bond; and the Insured agrees to make claim for such loss
under
its
separate Policy.
|
/s/
illegible
|
|
AUTHORIZED
REPRESENTATIVE
|
This
endorsement, effective 12:01
AM July
30, 2006
|
||
forms
a part of policy
number 673-44-72
|
||
issued to PROSPECT ENERGY CORPORATION LLC | ||
by National
Union Fire Insurance Company of Pittsburgh,
Pa.
|
/s/
illegible
|
|
AUTHORIZED
REPRESENTATIVE
|
This
endorsement, effective 12:01
AM July
30, 2006
|
||
forms
a part of policy
number 673-44-72
|
||
issued to PROSPECT ENERGY CORPORATION LLC | ||
by National
Union Fire Insurance Company of Pittsburgh,
Pa.
|
FORM
NUMBER
|
EDITION
DATE
|
FORM
TITLE
|
MNSCPT
|
|
NU
INVESTMENT COMPANY BLANKET BOND POLICY DEC
|
41206
|
9/84
|
NU
INVESTMENT COMPANY BLANKET BOND POLICY GUTS
|
MNSCPT
|
|
COMPUTER
SYSTEMS/VIT
|
89644
|
07/05
|
COVERAGE
TERRITORY ENDORSEMENT (OFAC)
|
78859
|
10/01
|
FORMS
INDEX ENDORSEMENT
|
/s/
illegible
|
|
AUTHORIZED
REPRESENTATIVE
|
AM
-243-00918-0
|
||
000
46
|
Page
8 of 19
|
ACCOUNT
NUMBER: 19-7057
|
|
PROSPECT
ENERGY CORPORATION
|
|
This
statement is for the period from August 1, 2006 to August 31,
2006
|
Date
|
Principal
|
|||||
Posted
|
Description
|
Cash
|
Balance
|
|||
Inc.
|
||||||
4,500.00
|
53,702,554.88
|
08-26-06
|
Cash
Disbursement
|