to meet its obligations, including its obligations to its partners other than to such general
partner(s), then the Financial Interest in the Insured, as above defined, of such general partner(s) shall be reduced in an amount necessary, or eliminated if need be, in order to enable the Insured upon payment of loss under this bond to meet such
obligations, to the extent that such payment will enable the Insured to meet such obligations, without any benefit accruing to such general partner(s) from such payment; and
|
(2) |
as respects limited partners the value of such limited partners() investment in the Insured.
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(h) Forgery means the signing of the name of another person or organization with intent to deceive; it does
not mean a signature which consists in whole or in part of ones own name signed with or without authority, in any capacity, for any purpose.
(i) Guarantee means a written undertaking obligating the signer to pay the debt of another to the Insured or its assignee or to a
financial institution from which the Insured has purchased participation in the debt, if the debt is not paid in accordance with its terms.
(j) Instruction means a written order to the issuer of an Uncertificated Security requesting that the transfer, pledge, or release
from pledge of the Uncertificated Security specified be registered.
(k) Letter of Credit means an engagement in writing by a
bank or other person made at the request of a customer that the bank or other person will honor drafts or other demands for payment upon compliance with the conditions specified in the Letter of Credit.
(l) Money means a medium of exchange in current use authorized or adopted by a domestic or foreign government as a part of its
currency.
(m) Negotiable Instrument means any writing
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(1) |
signed by the maker or drawer; and |
|
(2) |
containing any unconditional promise or order to pay a sum certain in Money and no other promise, order,
obligation or power given by the maker or drawer; and |
|
(3) |
is payable on demand or at a definite time; and |
|
(4) |
is payable to order or bearer. |
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(n) |
Partner means a natural person who |
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(1) |
is a general partner of the Insured, or |
|
(2) |
is a limited partner and an Employee (as defined in Section 1(e)(1) of the bond) of the Insured.
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(o) Property means Money, Certificated Securities, Uncertificated Securities of any Federal Reserve Bank of
the United States, Negotiable Instruments, Certificates of Deposit, documents of title, Acceptances, Evidences of Debt, security agreements, Withdrawal Orders, certificates of origin or title, Letters of Credit, insurance policies, abstracts of
title, deeds and mortgages on real estate, revenue and other stamps, tokens, unsold state lottery tickets, books of account and other records whether recorded in writing or electronically, gems, jewelry, precious metals of all kinds and in any form,
and tangible items of personal property which are not herein before enumerated.
(p) Statement of Uncertificated Security means a
written statement of the issuer of an Uncertificated Security containing:
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(1) |
a description of the Issue of which the Uncertificated Security is a part; |
|
(2) |
the number of shares or units: |
|
(a) |
transferred to the registered owner; |
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(b) |
pledged by the registered owner to the registered pledgee; |
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(c) |
released from pledge by the registered pledgee; |
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(d) |
registered in the name of the registered owner on the date of the statement; or |
|
(e) |
subject to pledge on the date of the statement; |
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(3) |
the name and address of the registered owner and registered pledgee; |
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(4) |
a notation of any liens and restrictions of the issuer and any adverse claims to which the Uncertificated
Security is or may be subject or a statement that there are none of those liens, restrictions or adverse claims; and |
|
(a) |
the transfer of the shares or units to the new registered owner of the shares or units was registered;
|
|
(b) |
the pledge of the registered pledgee was registered, or |
|
(c) |
of the statement, if it is a periodic or annual statement. |
(q) Transportation Company means any organization which provides its own or leased vehicles for transportation or which provides
freight forwarding or air express services.
(r) Uncertificated Security means a share, participation or other interest in
property of or an enterprise of the issuer or an obligation of the issuer, which is:
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(1) |
not represented by an instrument and the transfer of which is registered upon books maintained for that purpose
by or on behalf of the issuer; |
|
(2) |
of a type commonly dealt in on securities exchanges or markets; and
|
|
(3) |
either one of a class or series or by its terms divisible into a class or series of shares, participations,
interests or obligations. |
(s) Withdrawal Order means a non-negotiable
instrument, other than an Instruction, signed by a customer of the Insured authorizing the Insured to debit the customers account in the amount of funds stated therein.
EXCLUSIONS
Section 2. This bond does not
cover:
(a) loss resulting directly or indirectly from forgery or alteration, except when covered under Insuring Agreements (A),
(D), or (E);
(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 (C), and unless, when such transit was initiated, there was no knowledge of such riot, civil commotion, military, naval
or usurped power, war or insurrection on the part of any person acting for the Insured in initiating such transit;
(c) loss
resulting directly or indirectly from the effects of nuclear fission or fusion or radioactivity; provided, however, that this paragraph shall not apply to loss resulting from industrial uses of nuclear energy;
(d) loss resulting from any act or acts of any person who is a member of the Board of Directors of the Insured or a member of any
equivalent body by whatsoever name known unless such person is also an Employee or an elected official of the Insured in some other capacity, nor, in any event, loss resulting from the act or acts of any person while acting in the capacity of a
member of such Board or equivalent body;
(e) loss resulting directly or indirectly from the complete or partial nonpayment of,
or default upon, any loan or transaction involving the Insured as a lender or borrower, or extension of credit, including the purchase, discounting or other acquisition of false or genuine accounts, invoices, notes, agreements or Evidences of Debt,
whether such loan, transaction or extension was procured in good faith or through trick, artifice, fraud or false pretenses, except when covered under Insuring Agreements (A), (D) or (E);
(f) loss resulting from any violation by the Insured or by any Employee
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(1) |
of law regulating (i) the issuance, purchase or sale of securities, (ii) securities transactions upon
security exchanges or over the counter market, (iii) investment companies, or (iv) investment advisers, or |
(2) of any rule or regulation made pursuant to any such law, unless it is established by the Insured that the act or acts which caused
the said loss involved fraudulent or dishonest conduct which would have caused a loss to the Insured in a similar amount in the absence of such laws, rules or regulations;
(g) loss resulting directly or indirectly from the failure of a financial or depository institution, or its receiver or liquidator,
to pay or deliver, on demand of the Insured, funds or Property of the Insured held by it in any capacity, except when covered under Insuring Agreements (A) or (B)(1)(a);
(h) loss caused by an Employee, except when covered under Insuring Agreement (A) or when covered under Insuring Agreement
(B) or (C) and resulting directly from misplacement, mysterious unexplainable disappearance or destruction of or damage to Property;
(i) loss resulting directly or indirectly from transactions in a customers account, whether authorized or unauthorized, except
the unlawful withdrawal and conversion of Money, securities or precious metals, directly from a customers account by an Employee provided such unlawful withdrawal and conversion is covered under Insuring Agreement (A);
(j) damages resulting from any civil, criminal or other legal proceeding in which the Insured is alleged to have engaged in
racketeering activity except when the Insured establishes that the act or acts giving rise to such damages were committed by an Employee under circumstances which result directly in a loss to the Insured covered by Insuring Agreement (A). For the
purposes of this exclusion, racketeering activity is defined in 18 United States Code 1961 et seq., as amended;
(k)
loss resulting directly or indirectly from the use or purported use of credit, debit, charge, access, convenience, identification, cash management or other cards
|
(1) |
in obtaining credit or funds, or |
|
(2) |
in gaining access to automated mechanical devices which, on behalf of the Insured, disburse Money, accept
deposits, cash checks, drafts or similar written instruments or make credit card loans, or |
|
(3) |
in gaining access to point of sale terminals, customer-bank communication terminals, or similar electronic
terminals of electronic funds transfer systems, |
whether such cards were issued, or purport to have been issued, by the Insured or by
anyone other than the Insured, except when covered under Insuring Agreement (A);
(l) loss involving automated mechanical devices
which, on behalf of the Insured, disburse Money, accept deposits, cash checks, drafts or similar written instruments or make credit card loans, except when covered under Insuring Agreement (A);